NSW Australian Consumer Law - Compensation for Damage Done to Car?

[Jenna Newman]

Hi,

Could I please get some help from the fantastic legal aid on here?

I recently picked up my car from the mechanic /dealer after it was with them for a few weeks to fix a warranty issue, and when I picked the car up I noticed that it had major damage done to the car in the form of scratches, dents and creases to the body.

I approached the mechanic/dealer to fix the damage, and they have replied and said that they are not assuming any responsibility because they claim that hail caused the damage and their insurance doesn't cover damage by hail.

I'm at a loss what to do under Australian Consumer Law, I'm pretty upset as it's a newish car (3 years old) and the damage is pretty major. I'm sure that they are liable to fix the damage as it was in their care while the damage occurred, and I have a movie of the car showing no damage which was taken prior to dropping the car off on the same day.

Please help me?

 

[Lance]

Hi Jenna,

You have a couple of options. You could try contacting NSW fair trading to see if you have a cause of action to pursue through fair trading and if that doesn't work you could get some quotes for the repairs and pursue then through the small claims division of the local court. Debt - small claims

 

[Jenna Newman]

Hi Lance,

Thanks for that information Lance! I already consulted NMD Fair Trading and they said I need to write a Letter of Demand, and in past threads, like this one, it mentions to write a letter of demand first. Do you think this is the best way forward?

Thanks!

 

[Rob Legat - SBPL]

In almost any dispute situation, the first course of action is to put the issue to the party you think is at fault and given them an opportunity to resolve it. This is done by the letter of demand. If you take it anywhere else, they'll immediately look to see if you've taken that first step and, if you haven't, turn you back to do it.

 

[Jenna Newman]

Thanks so much Rob! I have tried to resolve it by going to them directly and asking for them to fix it, and despite them agreeing that the damage was done while in their care, they denied any responsibility to fix the damage.

 

[Lance]

Hi Jenna,

This blog post has a little detail on a letter of demand and it also has a template: How to Recover a Debt - Useful Tips - Legal Blog - LawAnswers.com.au

 

[Jenna Newman]

Thanks Lance!