Fair Freight Payments Breach

FAIR FREIGHT PAYMENTS BREACH IDR FORM

Please use this form if an insurer refused to pay fair and reasonable freight charges, either partially or fully. Please ensure the charges have been reasonably incurred by you as the repairer as part of the repair process.
IMPORTANT - Members must read the below before submitting an IDR

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.

Know Your Code
Download to read and/or apply the Motor Vehicle Insurance and Repair Industry Code of Conduct by taking this link.

The Problem You Have
I have read and understood the Motor Vehicle Insurance Repair Industry Conduct of Conduct commencing 1 May 2017, and note my obligations and those of insurers detailed under the Code. I say that the insurer has breached its obligations under the following clauses of the Code: Clause 1 - Standards of fair-trading, process and transparency in the relationship between Insurers and Repairers; and Clauses 4.2(b) (iii) pay the agreed amount for all work completed that has been authorised or requested by the Insurer.

In summary, the following has occurred:

	Most Relevant
1. The insurer failed in meeting a standard of fair-trading, process and transparency in the relationship between them and me.
2. I provided estimates that are in accordance with the documented technical specifications including those supplied by other industry recognised authorities.
3. The insurer refused to pay me the fair and reasonable freight charges, either partially or fully. These charges have been reasonably incurred by me as part of the repair process and which I say the insurer is required to pay having authorised the repairs.
4. The insurer has arbitrarily altered my repair estimate without cause or justification, or alteration of repair method.
5. The insurer has adopted a “take it or leave it” approach when questioned as to its practice, and has refused to provide any explanation to justify its decisions.

I therefore say that the insurer has breached both the Letter and the Spirit of the Code and I request that this matter be reviewed in a timely fashion and within the guidelines stipulated by the Code.
Type of relationship with Insurer based on this repair claim*
if 'other' please explain the arrangement you have with the accident driver.
REPAIRER'S DETAILS

Repairer's Details
Date of Entry

DayMonthYearHourMinutesAM/PM Option
State or Territory*
Repairer's Business Name
State Based MTA Membership Number
Full Name of Person Authorised to Make this Submission*

First NameLast Name
E-mail Address (Repairer)*
Repairer's Telephone
Repairer's Business Address*

Street Address

Street Address Line 2

CityState / Territory

Post CodeCountry

Insurer's Details
Insurance Company Details*
Claim Number*
Contact/Assessor

First NameLast Name
Contact/Assessor

Area CodePhone Number
Contact/Assessor Email
Vehicle Details

Vehicle Details
Make*
Model*
Year*
Registration Number
VIN

Repair Status
Repair Status*

Repair work on the vehicle has not commenced.Repair work on the vehicle has commenced.Repair work on the vehicle has been completed.
Brief explanation (optional):

Alleged Breaches
Alleged Breach of Code
INSTRUCTIONS

When completing the check box below select only those clauses that apply to your dispute.
4.2 Insurers will: (a) not require the Repairer to provide estimates, or carry out repairs that are not in accordance with the item(s) below. The Insurer failed to abide by the Code because they did not permit the Repairer to apply:

(i) The documented manufacturer's technical specifications including those supplied by other industry recognised authorities; orii) Any lawful mandatory specifications and/or standards; or(iii) Methods that are consistent with standard Motor Vehicle warranty conditions;(iv) Current industry practice;
While having regard to the age and condition of the motor vehicle:
4.2 (b) In their dealings with Repairers, and in relation to Repair work:

(i) The Insurer failed to abide by the Code because they did not provide Repairers with relevant details relating to the insurance claim that the Repairer reasonably requires in order to prepare an estimate or undertake the Repair, including their Parts Policy, details of Sub-let Repairs and payments by customer including any excess or contribution charges.(ii) The Insurer failed to abide by the Code because they did not consider estimates in a fair and transparent manner, and refused to consider an estimate, which the Repairer believes was based on unreasonable or capricious grounds.(iii) The Insurer failed to abide by the Code because they did not pay the agreed amount for all work completed, that has been authorised or requested by the Insurer.(iv) The Insurer failed to abide by the Code because they removed a Motor Vehicle from a Repairer’s premises without notifying the Repairer in advance and in writing, and compensating the Repairer for any legitimate or reasonable towing or storage costs associated with the Motor Vehicle and in compliance with relevant law.(v) The Insurer failed to abide by the Code because they asked Claimants to drive unsafe or unroadworthy Motor Vehicles.
4.3 Code Approved Assessors:

(a) Under the assessment of Motor Vehicle under this Code, Signatories failed to utilize the services of a 'Code Approved Assessor'. A code approved assessor is a person who after commencing within 18 months of the noted date of this Code, or subsequently from the commencement of an assessor's employment with the Signatory or their agent.(b) A Code Approved Assessor is a person who has :(i) A trade qualification as a panel beater or spray painter; or(ii) More than five years’ experience as a motor insurance assessor; or(iii) Completed a CAC approved units, as set by the CAC from time-to-time, of the Certificate IV Vehicle Loss Assessing course, being in the first instance August 2015, and until further such review.
Notes (please include relevant information if required):
Brief explanation (optional):
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:
Unreasonably or arbitrarily altered the Repairer’s estimate without the Insurer negotiating changes to the repair process, parts or materials to be used (subject to sub-clause 7.4).
9. Signatory Obligations
9.1 Insurers will ensure their Product Disclosure Statement (PDS) refers to their Choice of Repairer Policy with an unambiguous identifier and page reference in the PDS’s table of contents, and which sets out its Choice of Repairer Policy clearly and in plain language at the page referenced.9.2 Insurers will clearly and in plain language explain their Parts Policy in:

Select most relevant breach under sub-clause 9.2:

	Most Relevant
(a) their PDS with reference in the PDS’s table of contents; and
(b) related communications with Repairers.

9.3 Signatories to the Code will not:

(a) make misleading or deceptive statements about the quality, capability or timeliness of a Repaireror group of Repairers;(b) make misleading or deceptive statements about the quality, safety or timeliness of Repairs basedon who the Insurer is or the approach the Insurer uses to allocate repairs or manage claims;(c) engage in statements, actions or behaviour designed or intended to prevent or discourage aCustomer from having any necessary rectification work following a Repair undertaken at theRepairer who completed the original Repairs.
9.4 Repairers will provide:

Sufficient evidence to an Insurer to substantiate their claims for costs in relation to parts and work undertaken in a Repair for that Insurer.
9.5 Sub-clauses 9.1 and 9.3 also apply to:

Telephone enquiries and Insurers websites.
9.6 The obligations under Sub-clauses 9.1 and 9.2:

Commence upon an Insurer next updating its PDS (or Supplementary PDS) following the commencement of this sub-clause.

Upload Relevant Files
Attach Relevant Documentation #1

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You can also cut and paste email records about the issues into the box below.
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Remedy Requested
What outcomes are you seeking?*
What action do you think will settle the dispute?

IDR 'In-Progress' Records
Follow up messages from the Insurer and the Repairer
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Failure to Respond
Repair Dispute Breach

Failed to respond to Clause 10 breach in 2 days
IDR Breach

Failed to acknolwedge IDR submission in 3 days (Clause 11.2)Failed to conclude the IDR process in 9 days (Clause 11.2)

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 the 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

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FAIR FREIGHT PAYMENTS BREACH IDR FORM

REPAIRER'S DETAILS

Vehicle Details

Alleged Breach of Code

While having regard to the age and condition of the motor vehicle:

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

9. Signatory Obligations