Accident repairs - recalcitrant insurer Question

OK, so I'm driving my car, get into an accident, and its completely the other persons fault (they've admitted 100% liability, and a claim number is issued by their insurance company).

I have CTP only.

Parts get ordered, parts arrive, but they're the wrong parts.
Parts get ordered again, but still havent arrived.

Their insurance company is dragging their heels on repairs, parts cant be sourced, I ring the Australian distributor, who says on the phone, and in writing, that parts are unavailable. Where these parts are apparently ordered from, is anyones guess. I should note, that I've tried my local dealer, the national office, and I've spoken with the country of manufacture. Parts availability is a big fat zippo.

After 6 weeks waiting, I send a letter of demand, with the 10 week mark as the deadline I set.

10 weeks will go by since the day of the accident this coming Thursday 2nd of December.

In an effort to be reasonable, I've allowed the insurance company these 10 weeks to find a solution, but one isnt found.

During the course of correspondence, it transpires that the insurance company state there is NO deadline for repair. The matter can be going indefinately.

Do I:
1. Just wait patiently from here till eternity?
2. Instruct solicitors?
3. Any suggestions?

My concern is, that we could well be here for a long time. The car isnt a write off in the sense that its not economic to repair it. The problem is, there just arent the parts available.

The insurance company are telling me they're making all reasonable steps to repair the car, and will defend any action vigorously.

I have every email, and have kept the correspondence in the same email thread. My thinking after the accident occured, was that this would become a problem, because I suspected parts might be difficult to obtain.

I guess my main question revolves around time - how long can the insurance company REASONABLY hold out before writing the car off due to lack of parts?

ETA: The car in question can be replaced for about $120k. The damage is maybe $10-15k - I dont know exactly, because the repairer hasnt told me.


Any help / suggestions gratefully accepted.

 

Yes, I spoke with them, and they told me their code of conduct only covers up to $3,000.

 

I was with Shannons, but due to a difference of opinion, I decided to go with another insurance company. In between cancelling Shannons, and getting the new company, this happened.

Dumb luck, I agree. Still, the other party were at fault, so its me on my own, fighting a beast of a company.

 

Yes, the code of practise has a few bits in it, but nothing with any teeth.

There is no real indicator of timeliness, which is the biggest issue (I think).

Vehicle specific details - 1998 manufacture. I'd rather keep the model private for now - hope thats ok?

About the year, I understand there may have been some rules regarding how long a manufacturer has to retain parts supply for. I think the figure is 10 years, and in this case, being 12 years, ther would be no legal obligation for parts to be sourceable (is sourceable even a word??).

I've heard cases where people have had to wait 6 months for a payout. Not sure how true this is though, because in my experience, its always been a friend of a friend of a friend type of thing. I'd be curious to know if anyone has had to wait that long.

As far as complaint handling goes, I understand the point, but to me asking a company to investigate itself seems like a waste of time. Is there really an arms length? Is there no conflict of interest? I can certainly go through that process, if only to demonstrate to a magistrate down the track that I am attempting to resolve the matter relatively amicably.

 

^^ Not sure whats sus - I'm minding my own busines, without fully comp. Imagine if the person was uninsured, unlicensed, unregistered. I'd be up **** creek without a paddle.

And before you even suggest it, no, I dont know the other party at all.

As for why dropping one insurance company before getting another one, the problem was that Shannons would only give me what it cost me to buy the car. I bought the car in the UK. And I bought it, for the very reason, that by bringing it back here, it would be worth more.

If the situation was a total loss, I wouldnt be able to replace my car here in Sydney, because the insurance here was for about $50k (thats what the car cost me in the UK, after converting exchange rates, shipping, blue slip compliance, etc).

I didnt include all that, because I didnt think it was relevant. So yes, you're right, there was more to the story, but none of which, IMO, has any bearing to the facts relating to dealing with this recalcitrant insurer.

As an update however, there are a few new bits and pieces.

1 A statement of claim is goign out to the insurer this week coming. They will have up to 28 days to respond.
2 There is QLD supreme court rulings against a 2 month + elapsed time dealing in good faith
3 There is a Trade Practises Act ruling (section 51, forgot which subsection right now, part 3D), stating that they cant force me into accepting an outcome by holding an indefinite period of time oer my head

As an additional part, I've been told now to send the car off to get it salvaged, and hit the insurance company up for the difference.

It would be a major laugh (not) if the parts turned up after the car gets sent to the salvage auction, so timing will be an interesting one.

Lets see what happens in the next few weeks.