Here, I need an advice regarding my car. I met an accident last January 26, 2020. The left front wheel hit the single

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Customer: Hi! I’m Roland Cordero here, I need an advice regarding my car. I met an accident last January 26, 2020. The left front wheel hit the single lane bridge & the whole tire got damaged & detached axle & the front of my car touched the road until it stopped. The car got towed at the repair shop in Pakuranga, then the assessor came out with repair cost of NZD20K. The insured value of my car is NZD42K. Then they declared that the car is repairable. But I don’t want to accept that it will be repaired because, the way I look at the situation, it is very risky to drive that car after repair, wherein, the structure might have been affected thereby jeopardising my safety in the future after repair. But I have spoken to to assessor & assured me that the safety will be in placed, but I am not happy because the price of my car will drop to around $18 to 20K.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I’m in Auckland
JA: Have you contacted the seller or manufacturer?
Customer: Do I have the right to turn down the repair as a consumer?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, then they say that the structure might have been affected
Answered by Chris The Lawyer in 1 hour 2 years ago
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Chris The Lawyer
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Customer
I am from Auckland
Customer
Nobody is helping me yet, this is the first time I contacted you
Customer
Do I have the right to turn down the repair?
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

The insurance company have the right to make the call on whether the car is written off or repaired. Under your insurance policy, it is up to them to decide which is best. If they decide to repair, then you don't actually have any choice. I am surprised that with the cost of repairs at this level that they are not writing off the car, because even though it may be insured for $42,000, it may not be worth that much. In my experience they tend to look at the current value, and offered to pay that rather than a substantial amount for repairs. But nonetheless, it is the insurance company which can make the decision. If you provide evidence that the car will not be as safe in the future, that is another issue that you would need to get expert evidence on that point.

Customer
Hi! Thanks for your reply, that’s what the assessor told me that decision will be to repair.
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Chris The Lawyer, Expert

The insurance company has that right unless you can talk them out of this

Customer
Ok, I try to negotiate with them
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Chris The Lawyer, Expert

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

Customer
Thanks, ***** ***** update you with the outcome then. Have a good day. Cheers!
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Chris The Lawyer, Expert

Thanks

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