Navigating Insurance Claims after Arson Attack at Mechanic's Garage

megadeth on 27/02/2024 - 21:16
Last edited 28/02/2024 - 08:51 by 1 other user

My car broke down on the street and had to be towed to a mechanic's garage due to being undriveable. (Note: it's a European make and MY2009 and that I'm in the NT).

While awaiting parts ordered online, the car remained parked at the mechanic's premises. Unexpectedly, the police called one morning to inform me that my parked vehicle had been involved in an arson attack, providing a report number. Multiple cars were damaged in the attack on that night.

Regrettably, my car was not comprehensively insured. Initially, the garage owner informed me they had filed a third-party claim with their insurer, who requested repair quotes and assured me that the insurance company had my details and would contact me in due course. Needing my sole means of transportation for work, I retrieved the car once it was drivable again. The repair quotes I obtained ranged from $8000 to $9000, nearly the car's worth.

I hold a third-party property damage insurance policy covering repairs up to $5000 for non-fault vehicle damage caused by uninsured drivers, but it does not cover arson attacks and incidents involving non-drivers. Despite numerous attempts to follow up on the claim's status over several months, the garage owner has been unresponsive to my messages. I now believe they may be hesitant to lodge a claim with their insurer due to potential premium increases.

Seeking guidance on next steps. :(

Automotive Insurance

Comments

  • El cheepo on 27/02/2024 - 21:19
    +3

    it's a European make and MY2009

    My car broke down on the street

    police called one morning to inform me that my parked vehicle had been involved in an arson attack

    It started out like such a happy success story.
    Then it all went down hill.
    That’s unfortunate.

  • deme on 27/02/2024 - 21:19
    +16

    You must have saved so much not paying for comprehensive insurance!

    • Ridiculous Panda on 27/02/2024 - 22:07
      +15

      To be fair, odds are paying for comprehensive insurance for a car worth $7000 or less is a waste of money especially when you can afford to replace the car without financial difficulties.

      • Nugs on 29/02/2024 - 14:45
        +1

        probably depends on whether you do head checks or not
        .

  • jv on 27/02/2024 - 21:24
    -6

    my car was not comprehensively insured.

    Regrettable

  • jv on 27/02/2024 - 21:24

    the garage owner has been unresponsive to my messages

    A letter from a lawyer may help.

    • deme on 27/02/2024 - 21:28
      +19

      Typical Redditor advice.

      • El cheepo on 27/02/2024 - 23:14

        I see what you did there.

      • SBOB on 28/02/2024 - 02:11
        +9

        Typical jv multiple mostly useless posts in a thread to keep their post count up advice

        • Grunntt on 28/02/2024 - 10:59

          Typical jv multiple mostly useless posts in a thread to keep their post count up advice

          But in this case it is actually a helpful piece of advice.

          A letter from a lawyer may help

          • SBOB on 29/02/2024 - 01:13
            +2

            @Grunntt: What about the other 26 :)
            1/3rd of the comments in the entire thread are JV filler

            • Grunntt on 01/03/2024 - 12:41

              @SBOB:

              What about the other 26 :)

              Yeah, not disagreeing with you on that, but just giving a little credit where due.

        • based on 10/03/2024 - 13:50
          +1

          If they post more than 5 comments we can't neg them all

          • JIMB0 on 11/03/2024 - 09:59
            +1

            @based: They should change it so that negging certain users doesn't count towards the 5 negs a day limit.

  • Jaduqimon on 27/02/2024 - 21:31
    +6

    an undrivable Euro car My2009… the arson part is irrelevant. you lost the car anyway.

    • jv on 28/02/2024 - 21:19

      It wasn't arson.

  • oscargamer on 27/02/2024 - 21:34
    +11

    Your car was damaged due to a criminal offence while at the premises of a mechanic.

    Your mechanic or their insurer is liable, not your insurer.

    • deme on 27/02/2024 - 21:35
      -4

      Where is OP asking his insurance?

      Wouldn't the criminal be liable?

      • jv on 27/02/2024 - 21:38
        +1

        Wouldn't the criminal be liable?

        That would be a logical conclusion.

      • oscargamer on 27/02/2024 - 21:41
        +1

        "Regrettably, my car was not comprehensively insured." - OP states

        And yes, the crook is liable, but that's why we have insurance……not sure what your point is?

        • jv on 27/02/2024 - 21:53

          And yes, the crook is liable, but that's why we have insurance

          Yet OP didn't have insurance…

        • deme on 27/02/2024 - 21:56
          +2

          If the mechanic is not liable then why would their insurance pay for it?

          • jv on 27/02/2024 - 22:05

            @deme: Insurance will usually only cover the mechanic's contents/building and public liability of anybody injured on the property.

            • dtc on 28/02/2024 - 00:39
              +9

              @jv:

              Insurance will usually only cover the mechanic's contents/building

              Most business policies cover both the owners property and property in the care custody and control of the business (CCC endorsement). If you are running a business such as a mechanic, where you regularly hold expensive assets that are not yours, it should be a given.

              Whether the OPs mechanic is smart enough to have (or listen to) an insurance broker, who knows. Perhaps not. However its such a standard policy extension that it would almost be harder for the mechanic not to have it

              However insurance does not determine liability. The mechanic is quite likely to be liable (eg in bailment). Insurance just provides the money to pay for that liability.

              • jv on 28/02/2024 - 01:04
                -1

                @dtc:

                where you regularly hold expensive assets that are not yours

                Which should be insured by the owners…

                • dtc on 28/02/2024 - 08:58
                  +4

                  @jv: That's not how liability works. You dont get to say 'I'm not liable because you should have insured your own asset'

                  OP took the risk of damage to the car when in his possession. Up to him. He didnt take the risk of damage to the car when in someone else's possession - thats the risk of the person who has custody. You insure your own risks. Not someone else's risks.

                  • jv on 28/02/2024 - 09:51

                    @dtc:

                    You dont get to say 'I'm not liable because you should have insured your own asset'

                    You get to say 'I'm not liable because it's not my responsibility'

          • jv on 27/02/2024 - 22:06
            +2

            @deme: Maybe the crook's insurance can pay for it???

      • 82norm on 28/02/2024 - 16:17

        Why the negs. OP is not chasing his insurer.

    • jv on 27/02/2024 - 21:35
      -2

      Your mechanic or their insurer is liable,

      Why?

      • oscargamer on 27/02/2024 - 21:42
        +4

        Because the car is under the control of the mechanic

        • jv on 27/02/2024 - 21:46

          The mechanic didn't set fire to it.

          • payless69 on 28/02/2024 - 07:38

            @jv: But he might not be so popular with a get all for free society!
            Why pay a mechanic when they call themselves technicians?

          • ColtNoir on 04/03/2024 - 15:06
            +1

            @jv: So by your logic. You drop your phone off at Apple to repair, the place burns down via arson, you don’t expect them to be liable for compensation? If you believe this, you’re cooked.

      • Noblejoker on 28/02/2024 - 13:36

        JV is correct. Why is the mechanic liable? What did they do wrong? Have they failed in a duty of care?
        Vehicle likely sotred outside, possibly within g=fenced yard, but still susceptible to damage
        OP likely knows this is how car will be stored awaiting repair
        Mechanic not likely to have failed to meet their responsibilities and duty of care
        This is a point of law and open to interpretation - unless you end up in court and a judge decides
        But if it isn't clearly the mechanics fault it is not likely their insurer will come rushing to give OP money

        OP - you need to make a clear case as to why you think mechanic is responsible
        What did they do wrong or what more could they have done to protect your car
        Send in a letter asking the mechanic to pay and include the repair quotes - good luck

        • jv on 28/02/2024 - 13:42

          Send in a letter asking the mechanic to pay and include the repair quotes - good luck

          I suggest the letter comes from a lawyer if they want any chance of success…

  • Aureus on 27/02/2024 - 21:41
    +3

    Why are you only messaging them? They have a physical address. Show up and have a chat. Sounds like they are trying the ignore and hope it goes away strategy.

    • jv on 27/02/2024 - 21:49

      Show up and have a chat.

      😲

    • JimmyF on 27/02/2024 - 21:49
      +1

      Agreed…. time to drop by and say hello!

    • reactor-au on 28/02/2024 - 08:43

      Don't forget your bikies

      • Jimothy Wongingtons on 28/02/2024 - 12:19
        +1

        Hopefully OP is up to date with their ozbargain platinum subscription…

        (on a serious note yes I would recommend bringing a spotter/ companion if **** hits the fan)

        • reactor-au on 28/02/2024 - 12:29
          +1

          (yeah I guess the workshop might have also have an ozbargain platinum bikies sub)

  • Pcosmic on 27/02/2024 - 22:27

    Euro car. Root cause identified.

  • JIMB0 on 28/02/2024 - 07:02

    The repair quotes I obtained ranged from $8000 to $9000, nearly the car's worth.

    I don't think a broken down 15 year old European car is worth $8k.

    • jattsta on 28/02/2024 - 08:16

      Golf Gti is in the cards

      • Gdsamp on 28/02/2024 - 10:48

        Hence hwhy it was at the mechanic

  • solidussnake on 28/02/2024 - 07:27
    -3

    Seven months now…. Was it really worth your time not getting comp insurance ?

  • joshash on 28/02/2024 - 08:06
    -2

    Tough one mate. I wouldnt have had fully compr. on it either at that market value. Any chance fire third party and theft covers arson attacks/asteroid strikes etc? I'm assuming you had fire/3rd party/theft on it

    • Bargainitis on 28/02/2024 - 08:37

      do you have trouble reading? what does the last paragraph say?

    • megadeth on 28/02/2024 - 20:53

      No I only have third party property damage only. No fire or theft.

    • jv on 28/02/2024 - 21:20

      Any chance fire third party and theft covers arson attacks/asteroid strikes etc?

      It wasn't arson.

  • Rukiata on 28/02/2024 - 08:39
    +1

    sue them?

    • jv on 28/02/2024 - 09:51
      -1

      🤣

      You would need to prove the mechanic was negligent and responsible for the damage.

  • Duckie2hh on 28/02/2024 - 09:34
    -2

    Regrettably, my car was not comprehensively insured

    ho ho ho

  • petestrash on 28/02/2024 - 10:42
    +5

    Draft a letter of demand, to the mechanic. You can modify the template found at https://business.gov.au/people/disputes/write-a-letter-of-de….
    Include a copy of the quotes you have for the damage. In the letter advise that the mechanic had promised the claim would be settled by their insurance company, and as this is not the case after months of waiting, you are seeking damages directly from the them.

    • Darayus on 28/02/2024 - 11:44
      +1

      Also seek mechanic insurance details and send demand note to their insurance company to pay.

    • jv on 28/02/2024 - 13:43

      the mechanic had promised the claim would be settled by their insurance company

      proof?

      • petestrash on 28/02/2024 - 13:58
        +1

        I don't know I'm not the OP. Don't know if they have it in writing.

      • megadeth on 28/02/2024 - 20:55

        it was only verbal prior to my picking up the car.

        • jv on 28/02/2024 - 20:57

          Which would be hard to prove if he denies it.

          • megadeth on 28/02/2024 - 21:01

            @jv: but aren't their promise and liability two different things? The police report has the address and times of the incident in it.

            • jv on 28/02/2024 - 21:06

              @megadeth: How is the mechanic liable for the fire?

              • megadeth on 28/02/2024 - 21:09

                @jv: There was no fire, some unidentified individuals (possibly kids) smashed windows of a number of cars parked overnight. Their parking was unsecured.

                • jv on 28/02/2024 - 21:10

                  @megadeth: What if the same thing happened at a car park at a shopping centre? Would the shopping centre be liable?

                  • megadeth on 28/02/2024 - 21:12
                    -1

                    @jv: Yes why not? Their third party liability should cover the damage. That's a reason why they install cameras, hire security and charge parking fee too.

                    • jv on 28/02/2024 - 21:13

                      @megadeth:

                      Yes why not?

                      What if you parked it in front of your neighbours house? Should they be liable?

                      Their third party liability should cover the damage.

                      liability insurance is for personal injuries, not property…

                      • kiitos on 29/02/2024 - 14:13

                        @jv: Public liability insurance often covers property too.

                        • jv on 29/02/2024 - 15:09

                          @kiitos:

                          Public liability insurance often covers property too.

                          Read the PDS carefully.

                          "If" it is covered, it only covers damage "due to your business operation"

                          • kiitos on 29/02/2024 - 18:09

                            @jv: Still flies in the face of

                            liability insurance is for personal injuries, not property…

                            • jv on 29/02/2024 - 18:17

                              @kiitos:

                              Still flies in the face of

                              no it doesn't

                • jv on 28/02/2024 - 21:12

                  @megadeth:

                  There was no fire

                  You said it was an arson attack?

                  "my parked vehicle had been involved in an arson attack"

                  Why are you now changing the story?

                  • megadeth on 28/02/2024 - 21:14
                    -1

                    @jv: Isn't malicious property damage classified as arson? My car did receive dents from a hard object (e.g., a bat or a metal bar) hence higher repair quotes than just for replacement of multiple broken windows.

                    • jv on 28/02/2024 - 21:15

                      @megadeth:

                      Isn't malicious property damage classified as arson?

                      Look up arson in the dictionary…

                      https://www.aic.gov.au/publications/bfab/bfab1

                      • megadeth on 28/02/2024 - 21:17

                        @jv: Thanks, perhaps I should've said 'vandalism' instead of arson.

                        • jv on 28/02/2024 - 21:17

                          @megadeth:

                          perhaps I should've said 'vandalism'

                          But you didn't…

                          Now everybody here has to change their comments…

                          Oh what a tangled web we weave…

                          • megadeth on 28/02/2024 - 21:18

                            @jv: Sorry everyone for my poor vocabulary. :)

  • 82norm on 28/02/2024 - 16:28
    +1

    The mechanic should have liability insurance and I can’t see how he can operate without one. He needs to take responsibility as the asset was on his premises at the time of the incident.

    What happens if it wasn’t an arson attack and a workplace accident instead, such as the hoist collapsing and damaging a car. Are you telling me the mechanic is not responsible? They have an onus of responsibility.

    • jv on 28/02/2024 - 21:21

      What happens if it wasn’t an arson attack

      OP has now changed their story. It wasn't arson.

  • AndyC1 on 28/02/2024 - 19:44
    +1

    Google letter of demand for an insurance claim and see if you can do it yourself or need a lawyer.

    • megadeth on 28/02/2024 - 20:58

      What if they choose to ignore the Letter of Demand too?

      • jv on 28/02/2024 - 21:08
        +2

        You should get legal advice perhaps.

        • megadeth on 28/02/2024 - 21:15

          The problem is that lawyers are expensive! :)

          • jv on 28/02/2024 - 21:17
            +1

            @megadeth: If they are at fault, then you can claim legal fees too…

      • AndyC1 on 28/02/2024 - 21:42
        +1

        You need a lawyer as you do not want to use google.

  • Kremleen on 01/03/2024 - 17:16

    The mechanic has a physical address. You go to a lawyer, ask for a initial consultation then they will advice if the case's worth pursuing with legal means. Another option is to be at the store, harass them until they pay for repairs. As long as their business is still operational, they can't run

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