Utama Motor Workshop (Sel.) Sdn Bhd (85843-A) — On No-Fault Own Damage Claim & Needed Compensation On Loss Of Use My Vehicle
Assalamualaikum wbt and Greetings;
Dear Sir / Madam,
With reference to the matter above, I wish to draw your attention pertaining my car “Proton GEN2 1.6A” with registration No. BHS8664.
On August 29th, 2011 in Klang town, a public transportation provider from Klang to Kuala Lumpur; Causeway Bus hit me on the right side 03:30pm causing a huge and dent on the right front and back door of my car, my bumper, Anyways the impact was such that I could not opened the door, my car suspension and chamber sounds getting higher/loud, gear box sound getting higher/loud, engine sound getting higher/loud, front-mirror; for back reverse view was not functioning properly, on the right front tyre puncture fully and on the right back tyre air reducing slowly. I do call for towed assistance in Klang town on the way to Klang District Traffic Police Station – Kapar.
After make a police report, I am making a third party claim; it is advisable to also send my vehicle to a PARS workshop; Utama Motor Workshop (Sel.) Sdn Bhd (85843-A). Therefore, I sent my damaged vehicle to a workshop approved by your insurance company. It was towed to a workshop approved under the Persatuan Insuran Am Malaysia Approved Repairers Scheme [called a PIAM Approved Repairers Scheme (PARS)].
The vehicle was send to the workshop vendor: Utama Motor Workshop (Sel.) Sdn Bhd (85843-A) the car on 29/08/2011 at Lot 8860 Jalan Kim Chuan Pandamaran, 42000 Port Klang, Selangor, by tow-truck due to accident from Klang District Traffic Police Station - Kapar on at 7.30pm. I don’t know the actual time they sent the car to the workshop. After festival season / working days and for non working days, I do several calls and direct visit to inquire but there is no any proper respond from the said workshop. I have faced major stressed with no transport for a month and more, high pressure and difficulties in order to travelling for personal reason as well as the main to work in Midvalley, Kuala Lumpur and most of the time late to work due to traffic jammed and public transportation issues. I am full time financial services / banking institution staff (Cagamas Berhad) and my office located in The Gardens North Tower.
After 1 month, I keep on force the workshop owner to proceed as soon as possible due to lost of transportation and lost of my part time income. Most of the time my visit, the car was not repaired and just keeps on a side of the workshop. By end of September 2011, the staffs / owner call me and informed that my side mirror adjuster was not working, so it’s not stated in the police report. As I am concern its, doesn’t any errors during the accident time, if it yes; sure I will stated in my police report. They informed I have to pay the actual cost of RM89.00 for the replacement of the side mirror adjuster/controller. Due to getting the car as soon as possible, under pressure with no any transportation for more than a month, I manage to accept the offer.
I do receive the vehicle on 09/10/2011 at 07:00pm, with the payment for side mirror adjuster/controller for RM89.00. I was not requested to signature for any release documents; event I have asked for it. The workshop owner says; “Nanti you datang lain hari buat, saya nak tutup office!” At point of time, I opened the door, it’s jammed and stuck and the workshop owner saw it and knows it. My car bonnet was with lots of stretches and workshop owner saw it and knows it. The gear box sound getting higher/loud, engine sound getting higher/loud, and workshop owner saw it and knows it.The door sound loud during opening and cant close properly. The workshop owner requested to me to come the next day, but I can’t because working. So, he requested to do another appointment or come for the Saturday, he says - will update to me on the status once free to attend. While start to drive I have faced the same problem, which was happen after accident on 29/08/2011; my car suspension and chamber sounds getting higher/loud, gear box sound getting higher/loud, engine sound getting higher/loud, front-mirror; for back reverse view was not functioning properly, on the right front tyre air reducing slowly; after 4 days its totally out of air, my car steering vibrating if I drive more than 40kmh.
After few days, I make a call to ask asked about the availability of vehicles on the workshop (inquire to send for further updates); the relevant staff always says the same word; “Hari ni banyak kereta Encik, saya tak pasti kalau kami boleh dapat siapkan hari ini juga”.
Effective from 09/10/2011, I had encountered many problems as defined below:-
Personal Pressure in getting back the vehicle
Lost of expenses while using public transportation; taxi & etc to work
Product / Accessories Defect or Disorder
(a) The vehicle is in a poor condition since I received it.
The vehicle has not moved for a significant amount of time. Its took more than a month to do minor defects.
I had encountered problem with wheel alignment, suspension and chamber with the loud noisy while driving. I have informed this earlier, either you have done proper checks up but the technician was not attending my request / inquiry properly. Problem with wheel alignment and chamber with the loud noisy while engine start and driving.
The car was also in loud noisy after engine was on/start every morning.
The wheel GEN2 logo was not attached at right door of passenger seat.
The front tyre air was reducing slowly in 1 – 3 days after air fill up.
During / after claimed the vehicle from and referring to the Utama Motor Workshop (Sel.) Sdn Bhd for further appointment and test, the respective call attendant / technician request to come but not given a propose date of appointment.
Tires when drive more 40km/h & above steering vibrate, with loud noisy
When 2 people sitting at the back cornering knocking noise and with suspension noise.
Driver Door Noise
Lots of stretch (lines draw out) in my car bonnet and its was in good condition when I send it to them.
Door can’t closed in proper condition.
Side Mirror sensor / remote was not functioning and the vendor replaced and claimed RM89.00 from me during delivery
The car was not cleaned / washed at all. Just a vacuum cleaning in order to show the car was ready for collection/delivery.
Wiper holder faded
Wheel/Type Rim GEN2 logo was not attached at back right door of passenger seat.
Door rubber faded
There wasn’t any reply to my inquiry / report even after several phone calls has been made and what the service centre claimed is that there isn’t any feedback from the HQ.
I have no referral to get my car serviced and same time no answer to my complaints made.
I have been doing my car accident services at the Utama Motor Workshop (Sel.) Sdn Bhd all this while till at a later date I encountered that the Utama Motor Workshop (Sel.) Sdn Bhd were not make any call to me for any updates. I was not informed at all. I had personally called many times to check on my accident repairing status but unfortunately they claims it is under process and will lead to time. Its more than a month.
I wish to refer to seek higher management authorities and till today there isn’t any answer yet after several calls made and also message left on the solution to my problems.
As for you all this might a common source of frustration, I & all parties knows the accident wasn’t my fault, but the other driver’s insurance company “accept liability” and shall put me into a rental car. The said motor insurance company shall has a obligation to their insured to investigate prior to paying benefits. Normally this entails getting driver’s version of events, even in clear liability collisions. The best way to get around this is to get a rental under your own collision policy,
To pay out of pocket for a rental and get reimbursed once liability is accepted.
This is more and extremely important where the I as the affected driver need a particular type of vehicle for work or business.
The workshop / insurance company should at least provide a rental that is suitable for the same purpose as the car that was damaged.
I am not rich person to get another replacement of car but it’s the matter or principle and good customer service that Utama Motor Workshop (Sel.) Sdn Bhd & Etiqa Insurance should plays to his customers. I am not satisfied with the car after repaired at all as many problems arises one after another from day one and more over I don’t know when might any explosion happen, the condition of the car is even very bad.
I hope you will find my explanations in detail and would help me to seek for my rights and also to resolve my car problems which I had faced from day 1 send for accident and damaged service.
At this point of time as the owner of vehicle wish to write to and request to give pursuant to this complaint, I do comply with the following;
1. Snap photos for proof.
2. Keep all my documents right of police report, tow-truck possession form. So that any parties @ Etiqa can furnish to the respective parties at anytime upon my request.
3. I wish to check my vehicle thoroughly and to take possession with 3rd parties of inspection officer, i think I am not well verse with this vehicle matters then I wish get others help to inspect the car quality and condition.
I am to be entitled to the use of a courtesy vehicle whilst my vehicle is being repaired by an approved repairer subject to availability.
I shall be able to recover these expenses from the person responsible or from his/her insurers. This can be done under a legal expenses policy (Uninsured Loss Recovery) which looking any assistance to me in recovering those losses.
All of any legal action precedes / advisors / motor insurances please assist me on this;
I make a third party claim and I am are not the party at fault in the accident and I can retain my NCD entitlement.
I have submit the claim directly to the insurance company of the party at fault or, I have a active motor insurance policy, already submit the claim behalf of my via the workshop authorizers to my Etiqa Insurance company.
Etiqa, appoint a licensed adjuster to assess the loss. The workshop or the third party insurance company have advise me on this.
Etiqa and Utama Motor Workshop (Sel.) Sdn Bhd submit the adjuster’s report and the fully completed Motor Accident Report Form together with all supporting documents.
I am eligible to claim from the third party insurance company for 'compensation for actual repair time' (CART) and compensation of excess.
For the actual repair time of my vehicle, the adjuster’s was not recommended on the number of days required for my car to be repaired. A standard scale of daily CART has been specified by the PIAM, is it followed by the Utama Motor Workshop (Sel.) Sdn Bhd to repaired my vehicle.
Hereby I make a No Fault Own Damage claim directly with Etiqa Insurance, where my NCD will not be forfeited (No-Fault Own Damage Claim). Based on the revised PIAM guideline effective 1 June 2001, I can now make a No-Fault Own Damage (ODN) claim for damages to my vehicle in the event of an accident that is not my fault against my insurer instead of to the insurer of the other party's vehicle and my NCD will not be forfeited. Therefore, I shall enjoy faster claims settlement service by dealing directly with my insurer. KFK Claim is a claim made by an insured against the third party insurers for the cost of repairs whereas for ODN, insured can claim the cost of repairs under his own comprehensive policy without affecting the NCD.
However, I called again on 21/11/2011 to Utama Motor Workshop (Sel.) Sdn Bhd and the staff told me that can't check it by today since i didn't make any appointment since it is full of cars need to service except i have to leave my car with them for 1 night. I asked them whether i can make it due to safety reason and I can wait for few hours but not over night. However, the staff still refused to accept me. I gave him the reason why I can't leave my car over night since I am a Banker / Manager and conducting part time tutoring in Klang and I need a car to do perform my work and planning works. I felt unhappy and would like to make a complaint, but the staff told me that i can go ahead.
In conclusion, I needed an compensation to insured on loss of use of his vehicle based on loss adjuster’s assessment of the time required for repairs due to an accident claim and I am referring to the number of days the car is laid up at the workshop. I really disappointed with such service provided by Utama Motor Workshop (Sel.) Sdn Bhd and unresponsive management by Etiqa Insurance since there is no proper action / follow-up performed by Etiqa Insurance.
Thanks and regards.
A. Nizam Shah (Niezam)