New Car involved in accident and repaired, but still unsafe. Rights?

LXebozone on 29/10/2019 - 10:43
Last edited 05/11/2019 - 21:19

I bought a new car Mazda3 2019, (Under $40,000). 1 week after I got it, someone dinged the back of the car.
I called insurance, and they said I could have it repaired "not at fault" (I have comprehensive RAC insurance if that makes a difference).
When delivering the vehicle to the repairer, everything was working perfectly, the damage was only cosmetic.

The repairer repaired the ding, but kept the car a full week because they needed to order a new rear bumper because there was a crack in the plastic that was not repairable.
After, they had told me that there are further delays as the rear blind spot sensors are malfunctioning (false-positives).
They took it to an auto-electrician who could not repair (as it's a new car and they didn't have the parts), then they took it to the local Mazda dealer. The local Mazda dealer had it for a few days and they ordered new blind-spot sensor controls (telling me it was $3000-$4000 worth of new parts for the 2xblind-spot sensor computers).
More and more delays later, I have it back, but the sensors are still malfunctioning (driver's side false-positives and passenger side not working at all)! The Mazda dealer clearly was not able to test/repair the fault.

It's been at the repair shop longer than I've owned it, they left the windows and doors open, so it doesn't have that new car smell, and they managed to drive it another 300Kms.
Also, the dashcam went missing, but later was found tossed under the seat (not sure how it got there as it was fixed tight!).

I feel like I own a 2nd-hand car, and I'm quite saddened.
Regardless, as the car was in a minor accident, I'm unsure of my rights. At this point, I just want a replacement vehicle.
Any advice?

Update:
Returned the car to the smash repairers who returned it to the local Mazda dealer. They have had it for another week or so. They still couldn't find the fault.
Today, they swapped a bumper today with one of the ones in the yard as a test. Apparently no issues with a new car's test bumper.

I advised during my testing that when a car drives on the left, the right-hand sensor lights up, and when a car drives on the right, nothing happens. Apparently the cables are all connected correctly, though. Now the smash repairer and the dealer are playing the blame game. The dealer says that Mazda was not able to properly diagnose, and has spend 1000s on labor and new sensors. Mazda is blaming the smash repairer saying that the paint is "too thick" on the new bumper. The smash repairer is trying to get information from Mazda Australia on the required paint micron thickness as well as paint spec. They don't have an ETA for me.

My 1 week old car has been at the repairers over a month now! It's surely had a few more 100Kms added to it. I took a look at the car, and it has some new minor scratches on it which the repairer said they will fix. I've filed an enquiry with the ACCC to see if there's something they can do. More advice would be appreciated.

Automotive

Comments

    • No ONE on 30/10/2019 - 14:24
      +9

      read your pds

      May be you should read the post first.

  • payton on 29/10/2019 - 10:57
    +31

    Complain to your insurer

    • Snoozer on 30/10/2019 - 10:14

      Yep, this is your only leverage over them.

  • [Deactivated] on 29/10/2019 - 10:57
    +113

    the windows and doors open, so it doesn't have that new car smell, and they managed to drive it another 300Kms

    Doors and windows left open to remove smell of food, cigarettes and BO since they've been using it as their daily driver.

    300kms in a few weeks means it has been a daily driver.

    Dashcam being removed means they didn't want proof it has been a daily driver. Don't want the risk that the dashcam has a battery backup even after being unplugged.

  • nubzy on 29/10/2019 - 10:58
    +8

    Unfortunately this is just part of what happens when you take your car to panel beaters. It's almost impossible that your car will come back perfect, especially if you are going to 'insurance approved' repairers who work to a cost. If you have a keen eye you will always find some additional damage or poor workmanship. I would have taken the dashcam out before taking it into the shop, you don't know who is working there. I think you would have a hard time pushing for a new car, fixing the blind-spot sensors really shouldn't be that difficult. Tell your insurance you want to take it to a specialist/high end panel beater or a place which specialises in Mazda and not one of their approved repairers, that would be your best hope of getting it resolved. I would also push for some compensation for them driving the car 300km, that is not acceptable.

    • Xebozone on 29/10/2019 - 11:01

      Good advice. Actually, this was my preferred repairer, not one of RAC's "approved" but they accepted me taking it there. My family have been using them privately for years.
      The general consensus however suggests to contact the insurance company.

  • spackbace on 29/10/2019 - 11:02
    +11

    Lifetime repair guarantee on most insurance policies.

    As to a replacement car, not a hope in hell lol

    • iDroid on 29/10/2019 - 12:16
      +6

      Agreed, but given the story (300KM??? sheesh) this company was taking the p!ss. If this was the insurers choice of repairer then they should fix the issue. I agree with OP, he bought a new car and someone else has now done 300km in it - how was that new engine/trans treated in this 300km? I'd be p!ssed, it's an almost
      new second hand car now.

      • whooah1979 on 29/10/2019 - 13:10
        +6

        The car stopped being a new car the moment it leaves the dealer.

        • iDroid on 29/10/2019 - 13:14

          Agreed, but that does not change anything.

  • Ocker on 29/10/2019 - 11:14

    I trust you have had the use of a free rental car while you car has been off the road?

    • Xebozone on 29/10/2019 - 11:37

      Yes, I did

      • smartazz104 on 29/10/2019 - 13:22
        +15

        I hear rental cars are the fastest cars in the world…

        • gtech on 30/10/2019 - 11:37
          +8

          All know to be the most versatile all-terrain vehicles too …..

      • digitalbargain on 30/10/2019 - 12:26

        I trust you have had the use of a free rental car to do some off roading

      • Dalton on 30/10/2019 - 14:23

        What does happen when you go from drive to reverse at 100kph?

      • [Deactivated] on 30/10/2019 - 21:22
        +3

        My friends tell me that rental cars are capable of driving 1000s of kms within a week for some of the best weekend getaways imaginable.

  • John Kimble on 29/10/2019 - 11:15
    +19

    300km!? That is unacceptable!

  • [Deactivated] on 29/10/2019 - 11:17
    +8

    300km!!! Is that a typo, OP? I'll query them on that , in writing.

    • Xebozone on 29/10/2019 - 11:37
      +4

      Not a Typo

  • brendanm on 29/10/2019 - 11:17
    -6

    You aren't getting a new car because someone put your dash cam on a seat. The new car smell is cancerous so they've done you a favour. Have you got a hire car? You are entitled to one as the not at fault party. Send it back to mazda, tell them you don't want it back until it's fixed.

    Also your car isn't "unsafe", the parking sensors don't work properly, something we've survived without for decades.

    • [Deactivated] on 29/10/2019 - 11:20
      +5

      You aren't getting a new car

      because someone drove it for another 300km.

      Dashcam was removed for a reason.

      p.s: Didn't neg you.

      • brendanm on 29/10/2019 - 11:22

        Allegedly. Op seems prone to exaggeration.

        Smash repairer etc have better things to do than drive around a Mazda 3. Not like it's a Ferrari. Maybe the op is rural and Mazda dealer is miles away. No. Just throwing it out there as it doesn't make sense to me, I've been in the industry.

        • Xebozone on 29/10/2019 - 11:39
          +2

          Nope, The dealer and repairer are within 10Kms of each-other. I live/work in Perth, not rural.

          • brendanm on 29/10/2019 - 12:01
            +2

            @Xebozone: Do you have proof of the 300kms? As I said, no reason at all for them to be driving your car around, nothing to gain from it.

            • Xebozone on 29/10/2019 - 12:35

              @brendanm: Unfortunately, I did not take a photo of the ODO before and after.
              I recall the ODO being 730-something, and picked it up at 1045kms

              • [Deactivated] on 29/10/2019 - 12:56

                @Xebozone: Did you take a photo of the ODO when you collected the car?

              • luffyex2010 on 30/10/2019 - 22:29

                @Xebozone: How about toll tag if there is any, shouldn't that pickup areas travel to.

            • [Deactivated] on 29/10/2019 - 12:55

              @brendanm: It's a new car. They probably don't see many of those.

              • k-rokfm on 29/10/2019 - 13:00

                @[Deactivated]: Ive also had an experience of having my car used whilst in for smash repairs (extra 200kms in 1 week, without the damage actually being repaired). I will take a photo of the ODO before I put it in if i have to do it again

              • brendanm on 29/10/2019 - 14:03
                +1

                @[Deactivated]: They see heaps. I've done plenty of work on near new vehicles. It's still only a mazda 3, not a Maserati, its not something people are excited to be driving.

                • wyrmy on 30/10/2019 - 20:43

                  @brendanm: Wait.. are you saying all those dealers who upsell ex demos which are only driven by their execs are lying? How shocking ;)

                  • brendanm on 30/10/2019 - 22:04

                    @wyrmy: If their mouths are moving they are likely lying (sorry spackbace). Went to look at a car for the Mrs last weekend, it was a euro so should have torx bolts. Had Phillips heads all over the front end and a/C condenser bent, bonnet misaligned. "Has this been in a crash" I ask, "no, never, we have inspected it thoroughly ourselves". "Full logbook service history", had 4 services in 110k km, hadn't had timing belt done.

        • Cluster on 29/10/2019 - 13:11

          If people are worried about their car being used for private purposes then GPS trackers are small and really cheap. Put one in your car and see where the mechanic lives.

        • [Deactivated] on 29/10/2019 - 21:21
          +1

          It may not be endemic in the industry, it doesn't stop a dodgy mechanic from perpetually using customer vehicles as their own.

          Don't think about the value of the vehicle. Think about someone having the luxury of using a new car without having to own any car.

          This mechanic could be hopping from car to car, always having one to use as a daily.

          • brendanm on 29/10/2019 - 23:24

            @[Deactivated]: It's sure possible, just unlikely. The risks far outweigh the benefits, if caught they will likely be dripped quick smart by any insurers they deal with.

            Didn't neg you by the way.

            • [Deactivated] on 29/10/2019 - 23:46

              @brendanm:

              The risks far outweigh the benefits…

              Yet we get posts like, "help, hit expensive thing. Not insured."

      • p1 ama on 30/10/2019 - 21:59
        +1

        because someone drove it for another 300km.

        Even if someone did drive it for 300km, it doesn't mean OP is entitled to a new car. At most OP would be entitled to some compensation.

        • [Deactivated] on 30/10/2019 - 22:02

          I never said they were entitled to a new car. I only said he should ask them for an explanation. They could have a perfectly reasonable explanation or they could admit guilt and offer some form of compensation.

  • hawkeye on 29/10/2019 - 11:23
    +4

    Could catch on fire and you'd have to get a new one with all those sensors failing that must have started it.

    • Xebozone on 29/10/2019 - 11:47
      +2

      The base model is around 26k up to the Astina model which can sell over 40k

        • Oz8argain on 29/10/2019 - 12:01

          or wait for the skyactive x engine

        • brendanm on 29/10/2019 - 12:02
          +8

          Since when is a sedan a brand? Mazda is better than Subaru nowadays.

          • brad1-8tsi on 29/10/2019 - 12:48
            +9

            @brendanm:

            Since when is a sedan a brand? Mazda is better than Subaru nowadays.

            Or buy a Skoda because they call all there sedans "limousines".

            Everytime I see someone refer to a Golf as a "premium product" I have a good chuckle. I usually stop when i notice the wet spot in my pants.

        • [Deactivated] on 29/10/2019 - 12:18

          Some people don't like buying the Poverty Pack version of cars.

        • smartazz104 on 29/10/2019 - 13:24
          +3

          A Golf, how cute…

  • Skramit on 29/10/2019 - 11:47
    +7

    I'd be contacting the insurer with an official complaint that an additional 300km on the clock is completely unacceptable.

  • Cheeper on 29/10/2019 - 12:14

    Lodge a list of complaints with the insurer asap and also send a copy to the panel beater.

  • Seraphin7 on 29/10/2019 - 12:28
    +1

    At this point, I just want a replacement vehicle.

    Yeah, that won't be happening.

    As for the rest of it, realistically the only think you can demand is that they get the sensors working properly. This is an entirely reasonable request from you and I would absolutely be pushing to have this aspect returned to "as new" condition.

    Regarding the windows/new car smell … just don't go there. My understanding is repair joints will typically leave windows open so they don't have to stuff around with keys, etc. Probably a bit of a hangover from the old days to avoid keys getting locked in cars, but I understand this is standard practice. You won't get anywhere on that one.

    Regarding the 300kms … tricky one. I certainly be trying to hammer away on that point, but the best you can probably hope for is a bit of a goodwill free kick. Maybe a year's free insurance or something of that nature.

  • [Deactivated] on 29/10/2019 - 12:29
    +3

    You can buy new car smell in a can.

  • pegaxs on 29/10/2019 - 12:32
    +23

    they left the windows and doors open, so it doesn't have that new car smell

    Well, now it's a write off…

  • Cluster on 29/10/2019 - 13:04
    +1

    As others have said, contact the insurance company and complain. Only the insurance company (the one actually paying the bills) has the power to put pressure on the repairer.

  • [Deactivated] on 29/10/2019 - 16:03

    I'd be glad they got rid of that new car smell, worth the extra 300 k's.

  • HeWhoKnows on 30/10/2019 - 08:13
    +1

    You have a right to have the car repaired 100%

  • [Deactivated] on 30/10/2019 - 09:07
    +1

    Your experience can very much depend on the insurer you go through. Do you have choice of repairer? Or did you blindly just take the car to their recommend service providers? If you have the money to splash, or think you do and finance it, but fail to research a decent get an insurance policy then what do you expect?

    The kms do seem excessive but as you don’t have proof it’s not going to get you anywhere. Mechanics an sometimes the service manager will take the car on several trips to diagnose the issues. At least you were able to get a replacement car and didn’t have to do the running around yourself and take time off work.

  • OzHunterNSW on 30/10/2019 - 09:24
    +1

    300km is a lot of Kms to simply dismiss outright. Ask where and why this had occurred (validity). Where is your fuel (show a fuel docket). Why was the dash cam "tampered with" (who had the right to "tamper with your vehicle").

    Write all this to your insurer and demand answers. The vehicle is essentially their responsibility. The repairer is accredited by them, and so you believed this then to be a reputable repair shop. The onus all lies upon the insurer.

    Contact the Dep of Fair Trading

    • Jugganautx on 30/10/2019 - 12:42
      +7

      OP; "Actually, this was my preferred repairer, not one of RAC's "approved" but they accepted me taking it there."

      shot himself in the foot if you ask me.

      • utsc on 30/10/2019 - 12:51

        Yes, RAC can deny responsibility for whatever happened at the repair shop.

        I would take it back to the dealer with regard to the faulty sensors or return to new sensors

        • Xebozone on 30/10/2019 - 13:08

          Thanks for the advice.
          It's back at the dealer now, unfortunately.
          The camera footage stopped at the dealer, so the dealer must have took off the camera, not my repairer and the car was at the dealer for a week.
          They should have made sure that it was fixed before returning to the smash repairer.
          It shouldn't take 300Kms to test the sensors! If so, it must be a real problem…

          • t_c on 30/10/2019 - 15:13

            @Xebozone: Its not hard to imagine one of the dealer sales or service team using it as a daily.

            Dont they normally get to use the demos anyway?

            • CalmLemons on 30/10/2019 - 20:14

              @t_c: It's whatever car is handy normally. Demos might be out.

  • DBBROS on 30/10/2019 - 15:17
    +1

    Report it to the insurance company ASAP. Let mine go off once and ended up getting a low trade value as the work they did wasn't good enough.

  • chillwok on 30/10/2019 - 15:19
    +3

    hi mate
    i know how you few. can't trust any car repair or car dealer to do anything right. bunch of useless pr1icks. i'm not surprised with all that you've mentioned.
    your insurance most likely have lifetime warranty on their repair so keep hassling them until someone does their job properly. good luck mate.
    only time will heal your sadness i'm afraid but i think you'll be scared for a while.
    good luck with your repair!

  • iknowtj on 30/10/2019 - 18:16

    If they were taking it on a loop to find a busy two lane road or a fwy run to test sensors at different speeds the km may have racked up quickly.

    Not that I am defending anyone.

    • spackbace on 30/10/2019 - 18:53

      Rear cross traffic is for reversing out of parking bays, but yes it also uses the BSM sensors.

      PS everyone in perth knows TJ ;)

  • CalmLemons on 30/10/2019 - 20:13
    +1

    Okay.

    If something is still broken, tell the insurer. They will tell you to take it back to Mazda, who will fix it for you. They have to. Plus the insurer probably won't pay them unless they do. All repairs have warranties.

    Put it this way, we have a brand new BMW, 3 days later some jackass dented the wheel arch and drove off. Not worth fixing, but brand new car in custom colour and now tarnished. Just remember not to get too upset over material things.

    No more new car smell? Probably a good thing.

    Take the car back to Mazda, tell them you're going to keep the vehicle here until the issue is fixed.

    The dealers normally remove the camera or disconnect it to prevent filming within the dealership/centre.

    Obviously someone took your car for lunch….everyday…..

  • p1 ama on 30/10/2019 - 21:55
    -1

    More and more delays later, I have it back, but the sensors are still malfunctioning (driver's side false-positives and passenger side not working at all)! The Mazda dealer clearly was not able to test/repair the fault.

    Take it back, tell them the fault, ask them to fix it properly.

    It's been at the repair shop longer than I've owned it, they left the windows and doors open, so it doesn't have that new car smell, and they managed to drive it another 300Kms.

    Good, I always try to keep the windows open as much as possible on a new car to get rid of that smell. Why do you want to smell plastic and faux-leather fumes?

    I feel like I own a 2nd-hand car, and I'm quite saddened.

    You car was a second hand car the moment you drove it away from the dealer.

    Regardless, as the car was in a minor accident, I'm unsure of my rights. At this point, I just want a replacement vehicle.

    Your right is to have your vehicle fixed properly. Why would you think you have the right to a new vehicle? Who would pay for that?

    Any advice?

    Go back and demand that things are fixed properly. Complain to your insurance. They want you as a happy customer more than the repairers do. Don't try to do silly things like demand a new vehicle or get emotional - you'll just get hate from people who can help you.

    As someone who's worked in customer service in the past, I respect customers who stand up for their rights and will go out of my way to help them, I don't respect customers who have a whinge and think they are entitled to everything. Everyone is human after all, if they can empathise with you and understand your situation, they are more likely to help you.

  • CalmLemons on 31/10/2019 - 11:12
    +1

    I think the simple solution to this is to just go back to mazda and get them to fix it which OP has. Sensors are always a bit tricky especially since the mechanics are not japanese engineers.

  • Oofy Doofy on 31/10/2019 - 11:57

    Unfortunately/fortunately (depends how you look at it), they have to drive cars with faults in order to confirm fault/s, confirm repairs, and any other gremlins that could emerge. Cars are full of sensors and electronics these days.

    Just the way it is.

    I'd just be pissed that Mazda couldn't sort it out, and how it is possible their sensors and everything can be 4k plus in parts/repair costs etc. That's insane considering how decent aftermarket blind spot detectors work well and are under 200 dollars delivered.

  • Xebozone on 05/11/2019 - 21:19

    Update:
    Returned the car to the smash repairers who returned it to the local Mazda dealer. They have had it for another week or so. They still couldn't find the fault.
    Today, they swapped a bumper today with one of the ones in the yard as a test. Apparently no issues with a new car's test bumper.

    I advised during my testing that when a car drives on the left, the right-hand sensor lights up, and when a car drives on the right, nothing happens. Apparently the cables are all connected correctly, though. Now the smash repairer and the dealer are playing the blame game. The dealer says that Mazda was not able to properly diagnose, and has spend 1000s on labor and new sensors. Mazda is blaming the smash repairer saying that the paint is "too thick" on the new bumper. The smash repairer is trying to get information from Mazda Australia on the required paint micron thickness as well as paint spec. They don't have an ETA for me.

    My 1 week old car has been at the repairers over a month now! It's surely had a few more 100Kms added to it. I took a look at the car, and it has some new minor scratches on it which the repairer said they will fix. I've filed an enquiry with the ACCC to see if there's something they can do. More advice would be appreciated.

    • Oofy Doofy on 12/11/2019 - 10:21

      Wow, very sorry to hear mate. I've had similar dramas myself in the past, related to dealer repairs, but it's a shame something you would think to be simple to rectify has turned into that.

      Car dealer had my car for 4 months, and the car manufacturer had it at their service Depo for 2 months.

      I would chase up your options at the ACCC and wherever else, then add yourself to the 'do not buy' list for Mazda. Of course if they sort it out, give them a good wrap.

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