Finding damage on new car
It is recommended that you get legal advice about your situation. Anthony had a comprehensive car insurance policy on his brand new V8 car.
Solving issues with your car dealer
Three months after getting his new car he has an accident. He believes the other side is at fault. Before claiming you need to think about whether you should claim at all. Making a claim on your insurance can affect:.
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The excess is the amount of money you agree to pay in the event of a claim. In the event of an accident rather than theft , the excess payable may vary according to who was driving the vehicle at the time. Check your policy for details.
go to site Most policies give your insurer the right to deal with the driver or owner at fault themselves, if you have interfered with or prejudiced their ability to do this, your insurer may reduce or reject your claim. There may also be other costs such as hire car expenses, towing, or lost wages or profits. Your certificate of insurance, and each renewal certificate sets out the information the insurer is relying on in giving you insurance for the next year. You have a duty of disclosure to make sure this information is accurate and up to date each year.
Otherwise your insurer may cancel your policy as though it never existed and refuse your claim if they later discover they never would have insured you. It is not your insurance policy that the claim falls under. The only exception to this is if the other driver has passed away or cannot be found after reasonable attempts.
You cannot force the other driver to claim if they do not want to. They may be willing to negotiate with you, but they do not have to. They may ask you to give them access to inspect your car or to use their repairer or hire car company.
You have the right to refuse and to use your own repairers, but you do need to be very careful to act reasonably and minimise the amount you want to recover, otherwise you may end up out of pocket. Court is risky, and you should get legal advice before considering proceedings.
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Yes you can but this can be risky. You may not be able to recover all of your legal costs, even if you win. If you try and go back to your own insurer after you lose, or incurred unnecessary costs, your insurer is very likely to reject your claim, or at least reduce it by any extra costs that could have been avoided had you claimed earlier. This is because you have denied your insurer their right to handle the matter as they see best, and they can reduce or reject your claim depending on what prejudice they suffer. You may claim on this type of policy if there is any damage to any other car or property.
If there is damage to your vehicle, you will need to pay for the repairs yourself. If you believe that someone else caused, or partially caused the accident you may be able to recover your costs from them or their insurance company. You can claim if the other driver was at fault, uninsured and you can identify the driver of that car.
It is not easy to claim this benefit and if your claim is refused you should seek legal advice. The remainder of this factsheet applies where you are lodging a claim through your own insurer. Many insurers now process claims over the phone If English is a second language you may be safer to claim over the counter. Your conversation may also be recorded by the insurer. If possible, get a claim form so you have time to think about what happened so you can describe it clearly. Or multiple excesses?
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The insurer cannot refuse your claim just because you cannot pay the excess up front. Remember, even if the damage to your vehicle is minimal, there may be other damage arising from the incident that you may have to pay if your claim is not approved. See our factsheet here: Help! Warranties usually have terms and conditions you must follow, eg the vehicle must be regularly serviced at an approved garage.
You could lose your right to a remedy if you do. When you approach the dealer, they should get the vehicle inspected and decide whether the problem is minor or serious. The dealer must get any repairs done within a reasonable time. Be sure to tell them when you need the car back by.
Ask for a 'courtesy car' while they repair the vehicle, although a dealer is not legally responsible for providing one. If you agree to repairs and they don't fix the problem properly, or the vehicle develops further faults, your rights continue. You can choose your remedy options again until your problem is sorted. If the report supports your claim that the fault is serious, go back to the dealer to reject the vehicle and choose a refund, replacement or repairs, plus compensation for the cost of your report.
The car may be repossessed if you do. You should contact your finance company to tell them about the problem and discuss your options. If your dealer arranged your finance, the finance company is also responsible for giving you a remedy for the problem under the CGA. This is particularly important if the dealer is not being helpful or has gone out of business. Read more about Getting a car loan. Make a claim external link — MVDT. The MVTR is a register, not a dispute resolution organisation. It cannot help you get your money back, but Trading Standards may ban a seller from the register.
Complaints external link — MVTR. Commerce Commission doesn't act on behalf of individuals and can't investigate every complaint. But their investigations do help make sure businesses are complying with the law. Your information helps them assess which consumer issues are causing greatest harm. Click to see examples and what to bear in mind. Expand to view larger version.
Solving issues with your car dealer. On this page. Read more about Buying a car from a dealer Consumer guarantees when you buy from a dealer The CGA guarantees mean the vehicle should be: of acceptable quality — reasonable in look and finish, durable and safe fit for purpose — either generally or to meet a specific purpose you told the dealer before you bought the vehicle as described — match the description in advertising or anything the dealer said at the time. You are not covered by the CGA if your vehicle is: bought from a private seller bought for business use and the dealer has contracted out of the CGA bought for re-sale or resupply in trade.
Your right to a remedy for common problems If you experience a common problem with a car you bought from a dealer, know your rights.
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Under the CGA, whether a dealer is responsible depends on: the age, type, price and condition of the vehicle at the time of purchase whether or not the fault is due to reasonable wear and tear whether a reasonable person would accept the quality and condition of the vehicle. You must tell the dealer you are rejecting the vehicle within a reasonable amount of time. If a faulty vehicle has caused damage to your property, you can also claim compensation.
The advertising or vehicle information was misleading If the dealer gives you false or misleading information about a new or used vehicle or your consumer rights, you have rights under the CGA and FTA. There is money still owing from a previous seller The CGA guarantee of title means a car dealer must have full legal ownership and the right to sell the car.