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- Kovacic
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10 years of FIF
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So I'm currently in a battle with my mechanical insurance company over a claim on my vehicle.
They've turned down my claim:
Some back story. I purchased mechanical insurance three months ago (my vehicle met the age, servicing, and mileage requirements). Some time afterward my transmission stopped working. It was a sudden failure. The gearbox suddenly couldn't shift out of first gear. Not because the automatic-clutch or the gears, but because because the mechatronic unit stopped working properly and my DSG gearbox couldn't find where second gear was (mechanic's words). I thought I would be fine because my policy covered my gearbox
So as above they excluded my claim based on clause "M" in my policy, but supposedly also due to clause "K":
Now, I've spoken to Volkswagen. They have said, "Worn bearings are a failure. There is no service interval (meaning the transmission isn't supposed to need servicing) and therefore any failure of the parts is a failure".
They also felt that any reputable insurance company would cover this. Which is also what my mechanic said. Now I'm currently in the process of going through a financial disputes organisation which is free and therefore I'm not taking to a lawyer as of yet (or going through the insurance ombudsman yet). I'm needing to send away a written submission about my complaint/why I feel my claim should not be declined. I'm wanting advice on how I should word my complaint. Do I tip toe around the semantics of "failure" and "worn" and simply claim that my mechanic used the wrong terminology when sending the reasons for the claim to them, or do I ignore that and talk about the subjectivity of "failure" and worn and simply make an argument that anything could be considered "natural deterioration" and therefore the basis of turning down my claim is a complete joke. Or am I simply in the wrong and I should have read my policy better before purchasing my insurance?
Thanks in advance for any advice given.
They've turned down my claim:
Some back story. I purchased mechanical insurance three months ago (my vehicle met the age, servicing, and mileage requirements). Some time afterward my transmission stopped working. It was a sudden failure. The gearbox suddenly couldn't shift out of first gear. Not because the automatic-clutch or the gears, but because because the mechatronic unit stopped working properly and my DSG gearbox couldn't find where second gear was (mechanic's words). I thought I would be fine because my policy covered my gearbox
So as above they excluded my claim based on clause "M" in my policy, but supposedly also due to clause "K":
Now, I've spoken to Volkswagen. They have said, "Worn bearings are a failure. There is no service interval (meaning the transmission isn't supposed to need servicing) and therefore any failure of the parts is a failure".
They also felt that any reputable insurance company would cover this. Which is also what my mechanic said. Now I'm currently in the process of going through a financial disputes organisation which is free and therefore I'm not taking to a lawyer as of yet (or going through the insurance ombudsman yet). I'm needing to send away a written submission about my complaint/why I feel my claim should not be declined. I'm wanting advice on how I should word my complaint. Do I tip toe around the semantics of "failure" and "worn" and simply claim that my mechanic used the wrong terminology when sending the reasons for the claim to them, or do I ignore that and talk about the subjectivity of "failure" and worn and simply make an argument that anything could be considered "natural deterioration" and therefore the basis of turning down my claim is a complete joke. Or am I simply in the wrong and I should have read my policy better before purchasing my insurance?
Thanks in advance for any advice given.
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