Thunderbird Posted January 9, 2012 Report Share Posted January 9, 2012 I'm throwing this out to the PW collective consciousness to see if anyone has any ideas, because we're at our wits end with this. The current Mrs TB's car (VW Polo) needed a lot of repair after being involved in an accident three months ago. The car was fixed (rather than written off, due to being very low mileage and in otherwise tip top condition) very quickly apart from one part (the back part of the driver's seat) which has now been on order from VW for approaching three months. We have been told that until VW get a certain number of orders they refuse to get their supplier to maker the part (must be cheaper in bulk) so: 1. Direct Line insurance say there is nothing they can do and have advised that we deal with the garage 2. The garage say there is nothing they can do and have also advised we deal with VW 3. VW are being spectacularly rubbish and their lack of customer service is unbelievable. All we can get out of them is 'what you have to understand is that the part is on order....' On Friday late afternoon after a 30 minute circular conversation (the last of many many such conversations) with some moron at their 'customer service' I asked him whether, if sufficient numbers of these parts were never ordered, would my wife's car never be repaired - he went very quiet and did not give me an answer. She is doing her nut in over this, especially as the garage were so gleeful that they were repairing it rather than writing it off. W've been paying three months of tax and insurance for her car to be sitting (probably outside though they claim it's under cover but I don't believe them) waiting for this bloody part and it feels like one of those stories you see on Watchdog! Comments or ideas welcome. PS I'm aware that VW are the garage's supplier and the garage is Direct Line's supplier and we are Direct Line's customer, but they're refusing to do anything because they say they can't. Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted January 9, 2012 Report Share Posted January 9, 2012 i would kick off with direct line and go through the complaints.advising that you are paying for a vehicle you are not using. I take its a none fault claim? Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted January 9, 2012 Author Report Share Posted January 9, 2012 (edited) No it isn't sadly, because we can't prove it's the other person's fault So no hire car. EDIT: DL have refused to do any more. "the part is on order..." Edited January 9, 2012 by Thunderbird Quote Link to comment Share on other sites More sharing options...
stevo_m Posted January 9, 2012 Report Share Posted January 9, 2012 I've been through this recently, but managed to get my car back after 2 1/2 months, again they were waiting for parts to be manufactured. I was told to note everything down ie time off the road, tax costs and extra travel that you needed to do, this would then be claimed back within the compensation payment. I cannot understand why you have had to deal with the garage, you should only deal with the insurance company. My claim I have now taken legal due to my back injury from the accident, so I only speak with my legal team on anything concerning the accident, the insurance company after I took it legal built a brick wall up!! It's not going to help your matter, although have you suggested speaking with scrap people to replace the seat? Steve Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted January 9, 2012 Author Report Share Posted January 9, 2012 I think the problem is - to some extent - that it's a 'fault' claim. My wife got hit by an uninsured driver, in a borrowed, speeding vehicle, without lights on. Because she technically pulled out in front of the other person (who, as I said was speeding and had no lights on) it's her fault. Unbelievable. Quote Link to comment Share on other sites More sharing options...
stevo_m Posted January 9, 2012 Report Share Posted January 9, 2012 I think the problem is - to some extent - that it's a 'fault' claim. My wife got hit by an uninsured driver, in a borrowed, speeding vehicle, without lights on. Because she technically pulled out in front of the other person (who, as I said was speeding and had no lights on) it's her fault. Unbelievable. That's tough. I was driven into the back of, he was doing 50 I was stationary. He admitted liability on the roadside his insurance agreed, so I'm quite lucky in that respect. Steve Quote Link to comment Share on other sites More sharing options...
timps Posted January 9, 2012 Report Share Posted January 9, 2012 It depends whether you want to write the car off or not. If you do then go after Direct line, if not then not much you can do apart from wait or find the part yourself. The stance I would take is they must of sent an assessor to see if the repair was viable or the car needed writing off. Say you have been in contact with VW and they cannot guarantee the part will ever become available as they don’t know if they will ever be enough orders so you wish to write the car off as the repair is no longer viable in your eyes. At the very least you want Direct Line to send out an assessor to revaluate the car and give you a written guarantee the part will be available, (not a might if there are enough orders) so the car is not a write off. If they cannot or will not guarantee then the car is effectively a write off and you require immediate settlement. Also ask them for the contact details of the insurance ombudsman as you wish to make a written complaint if this is not resolved. Just keep taking the stance you feel the car is now a write off and require settlement. But to get it moving you do need to put something in writing with the word 'complaint' on it either to them or the ombudsman. I have had one run in being insured with Direct Line and will never use them again, no help to you but I can imagine what you are going through. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted January 9, 2012 Author Report Share Posted January 9, 2012 Thanks Timps, some good points there. Quote Link to comment Share on other sites More sharing options...
CZ550Kevlar Posted January 9, 2012 Report Share Posted January 9, 2012 Is going to a scrap/breakers yard any use as mentioned above, failing that ask for it to be transferred to a main dealer they will surely be able to get a single part like that. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted January 9, 2012 Author Report Share Posted January 9, 2012 Ithey will surely be able to get a single part like that. Apparently not. Quote Link to comment Share on other sites More sharing options...
Cosd Posted January 9, 2012 Report Share Posted January 9, 2012 I was in car repairs and dealt with insurance claims for a number of years. Unfortunately for you, you have/are being let down by VW and not the garage nor the insurance company. If your policy had a courtesy car included and your car was deemed un-drivable due to this missing part, then your insurance company would have then been obliged to supply you with a car to drive in the mean time. As it stands, neither the garage nor the insurance company can do anything if the part is unavailable. This is one of the reasons premiums increase dramatically with foreign import cars, and some insurance companies won't touch them due to the problems and time delays obtaining parts. My advice would be to get in touch with VW UK customer services and explain the situation, if anyone can do anything to help you, they will. Else if the part is only available in Germany, then speak to your insurance company once you have sourced it and they can instruct the garage to order it from there or maybe you buy it and get reimbursed by your insurance company. With regards it being a 'fault' claim, regardless of the other car speeding excessively, if they had right of way and your wife pulled out, the fault will be down to your wife; That sounds harsh but that's how it works I'm afraid. Best of luck Cos Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted January 9, 2012 Author Report Share Posted January 9, 2012 Thanks for the advice, that's what I meant by a 'fault' claim, as in hers! VW have been appalling, truly truly appalling, rude, patronising, uncaring, unhelpful etc etc. Mrs TB is currently garnering media support..... Quote Link to comment Share on other sites More sharing options...
browning n spaniel Posted January 9, 2012 Report Share Posted January 9, 2012 think id be contacting anne robbinson mate, [watchdog], she lives out your way Quote Link to comment Share on other sites More sharing options...
Cosd Posted January 9, 2012 Report Share Posted January 9, 2012 Thanks for the advice, that's what I meant by a 'fault' claim, as in hers! VW have been appalling, truly truly appalling, rude, patronising, uncaring, unhelpful etc etc. Mrs TB is currently garnering media support..... If you haven't been onto VW UK (not a local dealer), then get onto them, I'd be very surprised if they didn't have a more sympathetic view. Their service is usually excellent. Quote Link to comment Share on other sites More sharing options...
timps Posted January 9, 2012 Report Share Posted January 9, 2012 I do agree with Cosd that VW do seem to be at fault, if I remember correctly its EU law to produce parts for up to 10 years after production (I have no idea how old the car is). But it is Direct Line’s legal responsibility to either repair the car or write the car off and pay out. They have to settle the claim in a reasonable amount of time, it does depend what is legally classed as reasonable but I would go as far as to say 3 months and counting with no end date in sight is getting unreasonable. It’s up to Direct Line to organise the repair if they so wish otherwise settle the claim financially. VW are not going to start a production run if there are not enough orders, even if they did the price they would have to charge for the individual part would probably make the repair too costly anyway. VW do seem to be at fault but you only going to have any legal leverage over Direct Line as one way or another they have to settle your claim. They are quite happy to accept your premiums based on risk so they cannot complain. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted January 9, 2012 Author Report Share Posted January 9, 2012 If you haven't been onto VW UK (not a local dealer), then get onto them, I'd be very surprised if they didn't have a more sympathetic view. Their service is usually excellent. Yes sadly this is VWUK - I fear in the intervening years since you used them their customer service has fallen off somewhat. Talking to them is like trying to remove the sand from a beach with a pair of tweezers, whilst someone you find really annoying repeatedly rugby-tackles you. Quote Link to comment Share on other sites More sharing options...
Livefast123 Posted January 9, 2012 Report Share Posted January 9, 2012 As has been said I would be using a 'find a part' service to get your car back on the road, it's not ideal but it's gotta be better than not having use of a car that you are paying for. VW Polo's are popular cars and there must be a scrappy with a mint or good condition seat in the same fabric. I would try something like this - http://www.findapart.co.uk/ Keep a note of the amount of time that you have spent locating the part, buying the part and getting it fitted then invoice the insurance company for this. You pay your premium to the insurance company, whether VW have the part or not THEY are responsible for repairing your car properly or writing it off if parts are unavailable. Loads of Rovers/MG's have been written off with minor damage due to lack of parts. I would write to them and give them 14 days to fix the car or reach a settlement. If they do neither then take it to the ombudsman Quote Link to comment Share on other sites More sharing options...
wabbitbosher Posted January 9, 2012 Report Share Posted January 9, 2012 Don’t hesitate Straight onto the insurance Ombudsmen Tell them your insurers aren’t being Fair, The insurance people (and you) are protected against uninsured drivers, Even though it all looked like your wife’s fault the other plonker shouldn’t have been on the road, A good solicitor will sort that side for you, I’m sure your missus must have had a bit of whiplash too, You'll find the other driver has been prosecuted by the old bill "Proving" they were at fault 100% STB !!! wb Quote Link to comment Share on other sites More sharing options...
TaxiDriver Posted January 9, 2012 Report Share Posted January 9, 2012 (edited) Yes sadly this is VWUK - I fear in the intervening years since you used them their customer service has fallen off somewhat. I Can Confirm that it must have Talking to them is like trying to remove the sand from a beach with a pair of tweezers, whilst someone you find really annoying repeatedly rugby-tackles you. I bought a VW Transporter shuttle (9 Seat People Carrier)My local VW dealer wouldn't help with any warranty issues as It's a 'Commercial Vehicle' and they were not a VW Commercial dealer,(they could however do servicing work for which I paid) After so many issues VW told me the reason it was/IS such a pile of dog doos was that I was using the vehicle commercially (DUHHH) to carry large groups of people and therefore wearing it out prematurely. Won't be buying another VW so long as I haven't got rocks in me head Edited January 9, 2012 by TaxiDriver Quote Link to comment Share on other sites More sharing options...
Cosd Posted January 9, 2012 Report Share Posted January 9, 2012 You'll find the other driver has been prosecuted by the old bill "Proving" they were at fault 100% STB !!! wb Sorry but I will disagree with you here, in insurance terms, even if another driver is doing 100mph in a 30, if they have right of way and you pull out, you are at fault! The speeding is a seperate issue which the insurance company is not interested, that's a police matter. You shouldn't confuse two seperate issues here. The OP could go down the Ombudsman route, possibly to argue should the car have been written off if parts are not available etc etc, but not regards blame of the accident itse'f, that's an open and shut case. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted January 9, 2012 Author Report Share Posted January 9, 2012 Interesting debate and thank you to all so far who have contributed, as always PW comes up with good discussion and debate. I quite like the ides of getting onto DL and asking what they consider, fair because I consider three months unfair, especially when you consider the part may never actually be made. If I'd known this in advance we would have probably agreed to write the bloody thing off, buy the wreck for £50 and get it repaired ourselves, sell the bits, or buy a new car! :mad: Quote Link to comment Share on other sites More sharing options...
timps Posted January 9, 2012 Report Share Posted January 9, 2012 just further to my 2nd post I had a quick google to see if I could find out what is reasonable amount of time to settle the claim was and found this, It makes a good read. My link For example, if a delay was caused because spare parts were unavailable – and we are satisfied that the repairer made reasonable efforts to get them – we are unlikely to uphold a complaint that the repairs took too long. But in these circumstances we might say that the insurer should: pay for bespoke parts to be made; or write the vehicle off . Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted January 9, 2012 Author Report Share Posted January 9, 2012 Aha, thanks - will investigate. Quote Link to comment Share on other sites More sharing options...
harry flashman Posted January 9, 2012 Report Share Posted January 9, 2012 I dont know really how this works in particular, but in general get yourself in writing to whoever you need to. The are uncaring on the phone because they know as soon as they put it down the problem is over for them (I generally ask for thier full name which puts the wind up them a bit). Once in writing they have to respond really and you have a record to send to ombudsman / watchdog / topgear or whoever so they are more careful what they say. Quote Link to comment Share on other sites More sharing options...
88b Posted January 9, 2012 Report Share Posted January 9, 2012 It depends whether you want to write the car off or not. If you do then go after Direct line, if not then not much you can do apart from wait or find the part yourself. The stance I would take is they must of sent an assessor to see if the repair was viable or the car needed writing off. Say you have been in contact with VW and they cannot guarantee the part will ever become available as they don’t know if they will ever be enough orders so you wish to write the car off as the repair is no longer viable in your eyes. At the very least you want Direct Line to send out an assessor to revaluate the car and give you a written guarantee the part will be available, (not a might if there are enough orders) so the car is not a write off. If they cannot or will not guarantee then the car is effectively a write off and you require immediate settlement. Also ask them for the contact details of the insurance ombudsman as you wish to make a written complaint if this is not resolved. Just keep taking the stance you feel the car is now a write off and require settlement. But to get it moving you do need to put something in writing with the word 'complaint' on it either to them or the ombudsman. I have had one run in being insured with Direct Line and will never use them again, no help to you but I can imagine what you are going through. Direct Line don't have a good reputaton of dealing with their own customes, so they need a nudge ( ombudsman ) to make them reassess the situation. Trim parts especially on vehicles over 3 or 4 years old are notoriously difficult to get. If VW don't have them in stock I would imagine an order of 100 at least before they start to manufacture them. The other option as suggested may be find one yourself on e bay or via breakers. Sadly it's all totally unfair to you but insurance is legal robbery most of the time IMO. Quote Link to comment Share on other sites More sharing options...
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