• FORCED USE OF PARTS BY THE INSURER IDR FORM

    AMBRA has compiled this Internal Dispute Resolution (IDR) business tool as a guide to help our members lodge and resolve disputes between our members and Insurers under the Motor Vehicle Insurance and Repair Industry Code of Conduct (the "Code"). This tool should not be used or relied upon as a substitute for legal, financial or other professional advice. Your use of this tool is at your own risk. The use of this tool does not guarantee compliance with all aspects of existing legislation, regulations or codes. The business remains solely responsible for its compliance obligations. The results produced by this tool are hypothetical and may not accurately affect your business. The data and formulae used within this tool may change at any time, without notice. Whilst this tool has been prepared with all due care, AMBRA does not accept any liability to any person, business, firm or company, for any loss suffered in connection with the use of, or reliance on, this tool, the information it produces, its contents, data, or part(s) thereof. Further, AMBRA does not accept any liability for any variations, deletions or additions to this tool, the information it produces, its data or part(s) thereof. AMBRA excludes, to the maximum extent permitted by law, any liability for any act or omission to any person, business, firm, company or third party that may arise as a result of the use of, or reliance on, this tool, its contents, data or parts(s) thereof.
    FORCED USE OF PARTS BY THE INSURER IDR FORM
  • Download to read and/or apply the Motor Vehicle Insurance and Repair Industry Code of Conduct  by taking this link. 

    • Dispute Details 
    • DISPUTE DETAILS

      It is made clear to the Insurer that this compliant is made by the repairer, who is exercising their right under the MVI&R Code of Conduct (the 'Code"), to invoke resolution Clause 10 Repair Dispute Resolution - This clause applies to disputes that arise prior to the commencement or completion of a Repair. The specific complaints against breaches to Code include Clause 1 breaches – i.e., in respect to (a) honesty, integrity and good faith dealings with each other; (b) provision of services to customers; and (C) failing in standards of fair trading, process and transparency in their relation with the repairer for this claim. The insurer's assessor’s behaviour was such, either with or without instruction from their up manager, that Clause 4 breaches occurred. I say that in the sense that the insurer-repairer behaviour breaches centred on the estimation process were compromised to the detriment of both the repairer and their vehicle owner/policy holder. Moreover, this misconduct on behalf of the assessor created Clause 6 breaches - the estimate, repair and authorisation process. I, the repairer, can foresee further complications for me and the owner of the vehicle if I was to capitulate to the forceful instructions by the insurer to use ‘change-over’ parts if they are not new, genuine parts. This, situation, if not overturned, would potentially see me breach my Code obligations under Clause 4.1 in that “the repairer will (a) provide estimates and carry out repairs that are in accordance with:(i) the documented manufacturer’s technical specifications”. Furthermore, I say breaches are made at Clause 4.3 of the Code in which the Assessor concerned did not demonstrate current competence in that they failure to show me in their behaviour practice consistent with the AUR competency standards stipulated in the Code for ongoing training and development of Assessors. It is these standards of competence which I understand need to be met and practiced currently in the field/my workplace. It is also point out that under sub-clause 6.2 (c) it is the repairers’ responsibility to cost parts in so far as they apply to a repair in the repairers estimate/quote and not the right of the insurer. The repairers’ actions to do this is also consistent with the repairer abiding by the Code at 4.1 (a) (i) following documented manufacturers specifications to use new, genuine parts. The Insurer imposed on the repairer their will for the repairer to abandon the Code and use 'change over parts'. This forceful instruction was made even after the 'Repair Authority' was issued in which the repairer submitted a Code complaint estimation to win the work. Further leaving me bewildered at the insurers actions.
    • REPAIRER'S DETAILS

    • Repairer's Details 
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    • Insurers Details

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    • Vehicle Details

    • Repair Status

    • 4.1 Repairers will:

      Prior to registering Insurer's breach of the Code, as the Repairer did you:
    • While having regard to the age and condition of the motor vehicle, did you:

    • Alleged Breach of Code 
    • Alleged Breach of Code

    • INSTRUCTIONS

      When completing the check box below select only those clauses that apply to your dispute.

    • Clause 1 Breaches:

    • Clause 4. Breaches:

    • Clause 6. Breaches:

    • 6.2 The parties acknowledge ongoing changes in the industry in relation to the development of realistic times and rates, such that:

    • 6.3 Without limiting Insurers’ and Repairers’ rights to fair and transparent negotiation:

      As the repairer I believe a breach of the code may have occurred by the Insurer:
    • Clause 9. Breaches

    • Upload Relevant Files (Documentary Evidence of Code Breach) 
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    • Outcomes You Are Seeking? 
    • IDR 'In-Progress' Records 
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    • Failure to Respond 
    • IDR Lodgement Advice 
    • Please note: by hitting the submit button below, you are submitting a draft version of your IDR to AMBRA only. You will receive an email with your draft IDR.

      You can repeat the process as many times as you like until you are satisfied your final version is ready for submitting.

      If you would like someone to review your draft please call your state division manager for further assistance.

      Once you are satisfied that your submission is complete, notify Vanessa Gibson at VACC (idrambra@vacc.com.au) by reply email and she will lodge your IDR submission to the Insurer via the Code Advisory Committee (CAC) website

    • Submit - Receive PDF & Edit 
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