Smash Repairers Closed down, Stole Money, Returned Car Untouched

LMesh on 19/02/2018 - 17:28
Last edited 20/02/2018 - 18:05

Hey guys, I was involved in an accident during December last year where a truck rear ended my vehicle. We have 3rd party insurance only covering health, the Liable insurance party agreed to be at fault and it was all fine from there on.

Now, we took the car to 'Supreme Car Repairs' in Hornsby and left it there around mid January, throughout the time there we were told it was being repaired even though there were constant delays. The repairer then said that they would need to be paid directly to them as the excess was more than the repair, so we asked the liable person to pay and they did.

Just a few days ago we find our car parked outside our house and the keys in our mailbox(very sketchy yes) with nothing repaired whatsoever. So we try calling the repairers, no reply, we then head over there and come to realise that the business had closed down as there was a 'For lease' sign outside.

Through the windows we could see the inside of the building was empty, there was no sign of anyone, we asked neighbouring people if they knew anything about what happened, no one really knew anything.

Now can anyone suggest to us what we can do, we can't contact them, and they have taken money from the truck driver

TL;DR smash repairs took car for a month, took money directly from liable person, didn't repair, went out of business and is not contactable

edit: Thank you all so far for your input and help, I am in the process of finding the fraud repairer through our insurers and the police. It's not the truck drivers fault regarding the money just to clear things up

edit 2: Their building is on lease but even the realtors can't contact them at the moment
http://hornsby.eldersrealestate.com.au/commercial/rent/prope…

edit 3: going through fair trading, as police can't do anything for now

Automotive

Comments

  • whooah1979 on 19/02/2018 - 17:31
    +2

    send a letter of demand to the other driver.
    http://www.lawaccess.nsw.gov.au/Pages/representing/debt/maki…

    • Mesh on 19/02/2018 - 17:35

      The other driver still needs to get his money back from the repairer's account. He needs to deal with this situation first otherwise we'll have to make it a police matter if it doesn't go through

      • whooah1979 on 19/02/2018 - 17:37
        +1

        which party paid for the invoice? you or the other driver?

        • JIMB0 on 19/02/2018 - 17:42

          This will be the deciding factor.

        • Mesh on 19/02/2018 - 18:03

          The other driver

    • tsunamisurfer on 19/02/2018 - 18:21

      The other driver already paid….you would have the other driver pay $1000 x 2 because of the smash repairer's fraud?

      • whooah1979 on 19/02/2018 - 18:35
        +1

        op's dispute is with the other party. the other party will forward the letter to their insurer. it's then up to the insurer to either go for a quick settlement or drag this dispute out.

      • Mesh on 20/02/2018 - 01:13

        I am in the process with the other driver of trying to retrieve his money back, through our insurers and the police

  • JIMB0 on 19/02/2018 - 17:40
    +1

    So the other driver decided to pay for the repairs themselves instead of claiming through their insurance? Who choose the smash repairer? This could be a complicated matter.

    • Mesh on 19/02/2018 - 18:05
      +1

      Their insurance told them they needed to pay, I chose the repairers as they worked on a previous car with no issues in under a week.

      • chumlee on 19/02/2018 - 19:14
        +1

        As you selected the repairer it is your problem.

        Also, they didn't steal your money. They are probably in administration which legally is not stealing

        • whooah1979 on 19/02/2018 - 19:24

          As you selected the repairer it is your problem.

          op choosing the repairer don't negate the other party of their liability.

          op has stated that op hasn't sign a contract.
          https://www.ozbargain.com.au/comment/5656481/redir

        • chumlee on 19/02/2018 - 19:27
          -1

          @whooah1979: other party only responsible for paying which they did. OP decided to take it to his repairer so his problem.

          Other party could just claim OP decided to keep the money and forgo the repairs

        • whooah1979 on 19/02/2018 - 19:32

          @chumlee:

          the other party paying is only a part of the settlement. the claim isn't over until op signs the contract to settle the claim.

        • chumlee on 19/02/2018 - 19:37

          @whooah1979: contract is meaningless. Other party can show payment made and maybe there are some emails discussing the arrangement?

  • bobbified on 19/02/2018 - 17:43
    +2

    Who selected the repairer? Did you sign anything to acknowledge that the money has been paid by the party at fault directly to the repairer?

    I'm not sure where you stand legally, but if you chose the repairer and you directed the party at-fault to pay them (which they did), then I think it'd only be fair that you wear the responsibility of the smash repairer running away with the cash (instead of trying to chase the at-fault party for a second payment!).

    If, on the other hand, the at-fault party insisted on that repairer and that they pay the repairer directly instead of paying yourself, then they should wear that responsibility.

    • Mesh on 19/02/2018 - 18:24

      I selected the repairer due to previous work they did for me, I received an invoice of the transaction. I have not signed anything. I am not insisting on a second payment at the moment. I'm pretty sure we should be able to track the repairer down through my insurer or the police

  • whooah1979 on 19/02/2018 - 17:44

    Supreme Car Repairs

    this entity is still active.
    https://abr.business.gov.au/SearchByAbn.aspx?abn=43069852393
    https://connectonline.asic.gov.au/RegistrySearch/faces/landi…

    Business name: SUPREME CAR REPAIRS (HORNSBY)
    Status: Registered
    Registration date: 11/07/1994
    Renewal date: 11/07/2018
    Cancelled date:
    Cancellation under review:
    Address for service of documents: 101 Hunter St Hornsby NSW 2077

  • Almost Banned on 19/02/2018 - 18:16
    +11

    You instructed the liable party to pay directly to the smash repairer, and they did.
    If I was the liable party I would say I had discharged my obligation to you by payment as directed.
    That carries with it a release by you from my indebtedness. Essentially, as I have paid the debt in the way you directed my obligation has been discharged.
    You need to pursue the smash repairer.
    Good luck - its sounding like you might just fall between the cracks here.

    • Mesh on 19/02/2018 - 18:38

      I will try and track him through my insurer and the police

  • Toons on 19/02/2018 - 18:19

    I dare say the liable parties insurance company if they had already agreed they will be fixing your car, they will be either pursuing the repairer for the loss or write it off somehow.

    Just because they closed down doesn't mean they won't try and pry the cash out of them one way or another and they have much more energy and resources to waste than either of you.

    They have lawyers they will figure it out.

    It would be good to get a copy of their agreement to fix your car (liable insurance company) which shouldn't be out of the question because it would appear The Liability has already claimed it as an at fault incident.

    • Mesh on 20/02/2018 - 01:05

      I am in the process of that through my insurer and the police, hope all goes well

      • Toons on 20/02/2018 - 02:08

        I hope it does too, i would definitely chase that declaration they would repair your vehicle.

        If i've learned anything about insurance companies they hate losing money more than anything they have teams of lawyers just reduce anything to it's minimum so honestly let them duke it out

        I honestly would ask for the copy of the claim or claim number it will make it easier for you insurer to get the correct details and sort it out quicker for all of you.

  • vinni9284 on 19/02/2018 - 18:21

    If you have 3rd party insurance, from what I can remember is that you have an entitlement to claim up to $5000 in damages if not at fault and the 3rd party has admitted fault. You also have to have their details, rego, licence etc.

    Although you may have 3rd party, I believe that you may have some coverage.

    Please check with your current Insurance if you have this entitlement.
    If so, then your insurance may handle it.

    Good luck

    Cheers

    • Mesh on 20/02/2018 - 01:05

      Thank you, I will look into it

  • Ughhh on 19/02/2018 - 18:47

    We have 3rd party insurance only covering health

    Just a side note: if you're referring to CTP (compulsary third party) , hopefully you don't bump a Lambo or a new car, because your insurance won't help you with the property damages.

    • Euphemistic on 19/02/2018 - 20:02
      +4

      Good pickup. Effectively that’s no insurance.

    • Mesh on 20/02/2018 - 01:06

      I try to drive as safe as possible, try

      • singlemalt72 on 20/02/2018 - 07:29
        +7

        Mate - you can get third party property insurance for under $150 at Bingle - just do it. It doesn't matter just how "safe" you drive. A moments intention, distraction, someone swerves into your lane and you try to avoid, hitting someone else, original car drives away.
        It happens every day.

        Honestly, they should make TPP insurance compulsory.

  • Randxyz123 on 19/02/2018 - 21:12
    +2

    We have 3rd party insurance only covering health, t

    So you were uninsured….. Why?

    Anyway next steps would be

    1. Tow or drive car to new repairer

    2. Get a quote and send a registered letter of demand to other party. With 14 days to pay.

    3. Get ACTUAL car insurance….

    It’s not your problem if the other driver has paid. That’s between them and the at fault party… They need to prove they paid.

    • Mesh on 20/02/2018 - 01:10

      We have comprehensive on our other cars, this one we decided to go with 3rd as it wasn't that expensive. we've quoted with another repairer and am just waiting for the other party to receive their payment from the fraud repairer. I have the invoice yes

      • Ughhh on 20/02/2018 - 06:41

        this one we decided to go with 3rd as it wasn't that expensive.

        If the "3rd" only covers health, then you don't have 3rd party property insurance. A new car Jap car door can cost $1k by itself, so hope you have enough savings.

      • Randxyz123 on 20/02/2018 - 08:50
        +1

        this one we decided to go with 3rd as it wasn't that expensive.

        I’m not sure you understand what you’ve bought…

        CTP = compulsory third party (=TAC in Victoria which is included with the rego. I don’t get the point of other states charging you separately) doesn’t really count as car insurance. It doesn’t cover anything at all except if you cause someone injury.

        3rd Party property insurance is 3rd party insurance only. In other words, hit a Ferrari and they’ll be covered and your car won’t be. So if you can afford to replace your car by all means that’s the way to go. Also it won’t cover you in this case it you’ve been rear ended and screwed around by the other party /repairers / insurance.

        Comprehensive insurance covers both your car and the other party’s car. They’ll also do the leg work if the other party is being a pain to deal with. Usually if it’s not your fault there’s no excess and they’ll chase the other party for money.

        I find it staggering that you only had CTP if you have comprehensive insurance for your other cars.

        Also as for

        just waiting for the other party to receive their payment from the fraud repairer.

        I’m afraid you need to face the reality that they’ve gone broke and you probably aren’t getting that money back. They haven’t necessarily committed fraud (and I’d suggest removing that + their name from this post) since going bankrupt isn’t fraud.

        I’m not defending their tactics but for all you know you weren’t in when they dropped the keys and car off. At least they did this and didn’t sell it.

        • Euphemistic on 20/02/2018 - 09:14

          It seems many people don't understand what the CTP covers (in NSW).

    • [Deactivated] on 20/02/2018 - 00:52

      the business don't looking promising in the first place.

    • Mesh on 20/02/2018 - 01:11

      I actually noticed the reviews after we gave the car in, was too late by then

  • [Deactivated] on 20/02/2018 - 00:52
    -2

    i don't understand how people drive around without full comp insurance

    • Mesh on 20/02/2018 - 01:12

      I have full comp on our other vehicles just not this one :/

    • whooah1979 on 20/02/2018 - 06:11
      +2

      Many motorists can't afford full comprehensive insurance on older vehicles which can be expensive compared to its market value.

      • Euphemistic on 20/02/2018 - 12:40

        Saving a few hundred a year when you have confidence in your driving ability, and the means to replace a cheap car is not a bad thing. I had TPP on my last two cars. One was only worth $1500, so spending an extra $2-300 per year on it was a waste. Money was reasonably tight, but we had savings just in case I needed to replace the car, but couldn't have afforded to crash into another car.

  • HeWhoKnows on 20/02/2018 - 07:52
    -1

    Tough cookies on this one Im afraid. You cant flog a dead horse,

    LESSON LEARNT: You should have collected the money from the other party and held on till car was repaired. Thats ALWAYS how its done.

    • Euphemistic on 20/02/2018 - 09:18
      +1

      Yeah, don't think that is how it works though. 'someone' pays the repairer to start the work, they won't start work without it. OP could have collected the cash but then would be in the same situation as now because they would have had to hand it to the repairer to start the job.

      At least OP has the vehcile back, it is not uncommon for a business to be forced to close and customers end up with their property (car) locked in a workshop and not be able to get it out.

      • affable on 20/02/2018 - 09:50

        Yep, I have a situation where the at fault party won't pay their excess, so my car isn't getting fixed.

    • Mesh on 20/02/2018 - 18:05

      I was under the impression that everything was going fine in store legally and productively at the beginning, didn't expect the situation would take a turn for the worse last minute

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