Insurer refusing manufacturer‑approved repair on a car under warranty

TWDave

https://forums.moneysavingexpert.com/discussion/comment/82044488#Comment_82044488

Thank you.

It's been over a month since the accident and about a month since I first indicated I had concerns to my insurer. They only logged it as a formal complaint 2 weeks ago and have now been silent for the last 2 weeks. So depending how you count they have already been 2-5 weeks and there is no sign progress is imminent.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82044438#Comment_82044438

If I looked to withdraw the complaint from the insurer and FOS and let the insurer collect the car and repair it at their repairer, does anyone think I would be making a mistake from where I am at this point?

One to let go & get it repaired as they have both said to Manufacture std's

Kia c can find other ways to void warranty, such as not being serviced on time/mileage.

My Niro is getting a warranty repair on charge door next week as actuator has failed, leaving me unable to charge car. Thankfully still have 300 miles to play with.

Ectophile

https://forums.moneysavingexpert.com/discussion/comment/82044300#Comment_82044300

It sounds like a fair offer to me. Why wouldn't a court accept it?

XRS200

https://forums.moneysavingexpert.com/discussion/comment/82044438#Comment_82044438

I think you need to carefully read what you have signed up to with Kia Assist. They may be acting as a claims management company so its a credit hire car rather than a courtesy car

brianposter

https://forums.moneysavingexpert.com/discussion/comment/82045069#Comment_82045069

Simply because it may be nonsense - the OP has already pointed out that the figures may not reflect the full cost of repair. So what does a court do if faced with 3 independent high estimates for a repair and a low estimate from the insurer ?

TWDave

https://forums.moneysavingexpert.com/discussion/comment/82045310#Comment_82045310

I didn't sign up to anything with Kia assist. Mostly because they never attempted to get me to. They just confirmed to me who my local Kia approved bodyshop were and I contacted them direct.

That bodyshop has agreed to waive all charges for storage and the courtesy car (which I have had for a month) due to the unusual situation (their words). They again reiterated they have never had a situation like this and have undertaken both fault and non-fault repairs for this insurer.

PHK

https://forums.moneysavingexpert.com/discussion/comment/82044300#Comment_82044300

There is a contract (of insurance) in place that you agreed to. The majority of insurance (that repairs) has similar terms. The FOS maintain this in the cases in the decision database on their website.

I don't wish to sound harsh , but really you should have thought about what you were signing up to when you took out the insurance. If you desired manufacturer approved repairers then you should have chosen a policy that provided manufacturer repairs.

As it stands you only have a case at the FOS (or court) if the insurer has done something that goes against what was agreed in the contract. That includes the IPID you read before purchase.

brianposter

In addition to the contract there all sorts of laws about insurance, etc. which override anything written in the contract. The problem in this case is that the legal side appears to be uncertain and the OP is left with the choice of least risk which is probably to let the insurer repair the car and if any further problem appears, sort it out later.