Dispute with Motor Vehicle Dealer Service Department

Lfortune500 on 04/12/2019 - 05:48
Last edited 04/12/2019 - 05:48

I have a dispute with the service department of a large motor vehicle manufacturer. The dispute is over $600 and relates to a lack of duty of care carried out during the motor vehicle service resulting in an accident.

The vehicle manufacturer has followed up with the Dealer and Service Manager and has written to me denying my claim. I am disputing this.

My question is this. Am I better going to Fair Trading, to NCAT in NSW or straight to Small Claims Court? I mean surely if I take this to court, the Motor Manufacturer will be paying $500 an hour for their lawyers to prepare and defend right. Both Fair Trading and NCAT are toothless. Small Claims is not. I'm assuming going to Small Claims will trigger a settlement unless their is a reputational matter they want to defend. Even if it does not isn't it the best option?

Thanks

Automotive

Comments

  • whooah1979 on 04/12/2019 - 05:57
    +5

    an accident.

    Your post is missing MS paint, dash cam and comprehensive insurance.

  • AbsX on 04/12/2019 - 06:49
    +2

    Don't forget a flow chart diagram of things his tried and then a probability tree diagram of things to try next (in MS paint of course because this is ozbargain endorsed software)

    PS. Seems like you're looking for legal advice and already have your mind set on something. If you're just looking for somebody to nod their head, you have my nod

  • djkelly69 on 04/12/2019 - 07:15

    Sounds like you are trying to make a claim for negligence - not sure you can do this at fair trading or small claims?

    I would suggest taking trying the court of OzBargain first.

  • salmon123 on 04/12/2019 - 07:40

    the Motor Manufacturer will be paying $500 an hour for their lawyers

    Probably want to get your terminology right - your dispute is with the dealer, the manufacturer has nothing to do with it.

    What's the problem with making an insurance claim and let your insurer litigate against the dealership? If you're confident that the dealer is 'responsible', then you shouldn't have to pay an excess.

    • k-rokfm on 04/12/2019 - 07:56
      +5

      inb4 "Unfortunately I didnt have insurance at the time, but was going to get it in the next few days"

      • pegaxs on 04/12/2019 - 09:35
        +4

        "I didn't have insurance, because I cancelled it a few days ago for being too expensive…"

        • blitz on 04/12/2019 - 10:18
          +4

          "Of course I am insured, I have Compulsory Third Party"

  • k-rokfm on 04/12/2019 - 07:57
    +1

    What exactly are you trying to claim was negligent that caused your crash? They replaced the brake fluid but the brakes failed?? etc? etc?

    • fortune500 on 04/12/2019 - 08:05
      -6

      As per ACL

      A repairer has a responsibility to make sure that the work is done in a ‘tradesman like manner’. If a part fitted by a workshop is defective, substandard or unfit for its intended purpose, and is the ‘cause’ of an accident, a customer can bring a contractual claim against the workshop under the Competition and Consumer Act 2010 (Australian Consumer Law).

      A claim may also be made against the consumer guarantees if the workshop did not exercise due care and skill in repairs or testing.

      My claim is that a part fitted was defective, was known to be defective and the company failed in its duty of care.

      What I am seeking to understand based on the above law is…… where is the best place to take this complaint to.

      • John Kimble on 04/12/2019 - 08:07
        +4

        My claim is that a part fitted was defective, was known to be defective and the company failed in its duty of care.

        Why don't you want to say the actual part?

        • brad1-8tsi on 04/12/2019 - 08:10
          +5

          Probably because it didn't cause an accident. I bet it's a VW with a stuffed timing chain or a hole in the piston…

      • k-rokfm on 04/12/2019 - 08:32
        +3

        And as per my comment: What was the part that caused the crash?

        You wont get anything out of anyone here if you dont tell us the part

  • fortune500 on 04/12/2019 - 08:00
    -4

    They do have something to do with it. They investigated the matter. They are an related party. I don't disagree though that the primary is the dealer. As for an insurance claim you are correct that is one avenue I could choose to pursue. Nevertheless I still want to understand the difference between Fair Trade, NCAT and small claims court in the context of claims under ACL.

    • salmon123 on 04/12/2019 - 08:05

      They do have something to do with it. They investigated the matter. They are an related party.

      If you say so.

      in the context of claims under ACL.

      ACL doesn't cover an accident after the purchase. ACL covers you for things like manufacturing defect, false and misleading claims, fit for purpose.

      • fortune500 on 04/12/2019 - 08:07
        -2

        I suggest you read my post above

        • salmon123 on 04/12/2019 - 08:56
          +1

          I suggest you read my post above

          Ditto. Not sure if you're just being thick or have trouble reading.

          Say you hire a plumber and he crashes his car into your house, ACL doesn't cover you. Now if the plumber screws up your plumbing you might have a case.

  • EightImmortals on 04/12/2019 - 08:01
    +3

    Sounds dodgy to me?

    What did they do or not do at the dealership that caused YOU to prang your car?

  • brad1-8tsi on 04/12/2019 - 08:08

    service department of a large motor vehicle manufacturer

    manufacturers don't own service departments (except tesla).

    What happened? Wheel fell off? Brakes failed to stop vehicle?

    • fortune500 on 04/12/2019 - 08:15
      -4

      I understand some are curious about what happened. I'm not getting into details noting this may be litigated. Which is why the only guidance I am seeking is the forum for resolving disputes under the ACL I noted above. Is it direct to Fair Trading, direct to NCAT or direct to small claims. Hearing from people with actual experience having navigated such a dispute would be great.

      • Bad Company on 04/12/2019 - 08:53
        +4

        I'm not getting into details noting this may be litigated.

        Then no useful advice can be offered, right?

        Hearing from people with actual experience having navigated such a dispute would be great.

        I doubt people can determine they have experience with your dispute without knowing the details.

      • malich on 04/12/2019 - 08:55

        I think people are remiss to provide guidance when they are unsure what the dispute relates to.

        From my experience inside the trade, if the manufacturer has investigated and the dealer is still unwilling to provide any compensation then they are pretty confident that they were not negligent. Manufacturers will usually pressure dealers to pay and move on.

        In any case, fair trading is where I would start. In Vic, fair trading has a dedicated stream for motor dealer complaints.

        I wouldn't be expecting the company to roll over just because they need to pay lawyers bills.

      • HighAndDry on 04/12/2019 - 14:16

        Look I'll be blunt. If you don't give any details, no one who knows that they're doing is going to give you any advice because doing that may well be reckless and negligent.

  • John Kimble on 04/12/2019 - 08:09
    +7

    ACA

    • cwongtech on 05/12/2019 - 14:20

      Today Tonight
      Bring some onions for the sob story tears.

      • John Kimble on 05/12/2019 - 14:34

        TT is no more?

        • cwongtech on 05/12/2019 - 18:03
          +1

          Oh wow.

          They stopped airing literally last month.

          7:30 report?

          Still, don't forget the onions.

          • John Kimble on 05/12/2019 - 18:11
            +1

            @cwongtech: Years ago where people actually live on the eastern side of the country :p

  • pegaxs on 04/12/2019 - 09:38
    +5

    I understand some are curious about what happened. I'm not getting into details

    /thread

    Pointless thread is pointless. How can anyone be expected to assist if they don't even know what the issue is?

  • JimmyF on 04/12/2019 - 09:39
    +5

    OP you're not going to get any love until you tell us the details.

    What was the part you claim they fitted that caused your accident?

    Until this is provided, you're case sounds like its got no legs.

  • 69 dollar dealz on 04/12/2019 - 09:43
    +1

    Depends on nature and value of the loss and the remedy you want from the dealer.

    Because of the accident are you liable to someone else? Or is all the damage to your car?

    You have provided no details so you will receive no useful advice.

    What you're asking is absolutely absurd actually - if you litigate I feel sorry for the dealer because I assume you are self-represented if you don't even know what jurisdiction you should be in its gonna be tough for everyone.

  • Seraphin7 on 04/12/2019 - 10:07

    Just raise a claim for the accident with your insurer. You will provide them with all relevant details. Ultimately they will settle the claim and you may or may not have to pay an excess pending the resolution of the enigma that is the alleged cause of the accident.

    • Euphemistic on 04/12/2019 - 20:40

      But it might not be a crash accident. It might be accidentally putting the wrong part in, or accidentally breaking another part when they dropped the new part or a myriad of other undisclosed things.

      • Seraphin7 on 05/12/2019 - 11:00

        Agree. Based on the information provided here, it may as well have been a visitation from the Fairy Godmother. Hopefully OP will be willing to share relevant details with someone and can then get some actual advice on what to do.

  • blitz on 04/12/2019 - 10:23
    +8

    I understand some are curious about what happened. I'm not getting into details

    OK, in that spirit, I'll try to help. First, you have to call a number. They will ask you a few questions. Then you'll have to do something, and possibly go somewhere. When you get there, they may ask you more questions. Then something will happen. This may take some time. I'm not getting into details.

    • mskeggs on 04/12/2019 - 10:28
      +4

      I will stake my Law Society practicing certificate on the accuracy of this advice*

      *Note, not a lawyer.

  • the Unforgiven on 04/12/2019 - 10:35

    I would write to head office telling them what happened.

    Ask them is this what you do to customers vehicles when we take them to be serviced?
    Tell them why should we take them to be serviced at your service centres to get them damaged, when we can take our vehicle to another mechanic and get the car serviced without getting our precious investment damaged. Tell them you will go on social media and tell everyone to not go to your service centres as they don't treat customers car with respect; and when they do get damaged, they deny all responsibility.

    Take pictures and pass them on to head office & say they will look good on social media.
    Then say, 'I wonder how many customers won't take their car there anymore and what will the workers there do without jobs due to no customers taking their precious cars there to be destroyed'.

    next time before dropping off your car to be serviced, to pictures of your car & have someone witness you taking them photos

    just my thoughts

  • brendanm on 04/12/2019 - 14:52
    +4

    Dumb thread is dumb. They probably forgot to reset the service reminder, op got so frustrated and distracted by it he hit a tree.

  • Euphemistic on 04/12/2019 - 20:42

    Only way you are getting any proper help is with a better description of he event. You have described negligence and an accident. What type of damages are you seeking compensation for?

    (A dealer is highly unlikely to use a $500/hr lawyer for a $600 case)

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