S-Type / S type R Supercharged V8 ( X200 ) 1999 - 2008 2001 - 2009
Sponsored by:
Sponsored by:

Battle with Insurance Company

Thread Tools
 
Search this Thread
 
  #1  
Old 03-24-2014 | 04:43 AM
Luvmykat's Avatar
Thread Starter
|
Junior Member
Joined: Mar 2014
Posts: 22
Likes: 3
From: Australia
Angry Battle with Insurance Company

Hello Jag-Heads,
thanks heaps for the welcome, just wasn't sure if this was the right pidgeon hole to post.
The car in question is a 2001 S-Type, 3L V6.
Anyhow, my problem is that I have just received a phone call from our biggest Insurance Company's assessor (NRMA), telling me they will not entertain a claim that I have lodged with them, after being hit up the back side. The boot and rear tail light will need replacing, so there will be no problem with the panel beaters claim, but my problem comes from the Transmission specialist, who will need to do major surgery on the gear-box -- as ever since being hit up the back side, I am no longer able to engage the top two gears, or so it feels (auto trans). It now revs at well over 4500 rpm @100km/h, whereas it used to hover around just above 2000. It has engaged in a kind of limp home mode, to get me out of trouble temporarily.
As Insurance companies by nature welcome Premiums, but hate Claims -- I am expectinng a long, drawn out battle with them.
Being a mechanic by trade, who has hung up tools almost 25 yrs ago now, my knowledge on these fandangle transmissions is somewhat rusty, to say the least.
For those of you who can remember what a carburettor, distributor, contact points or coil was, you will know what I mean!
This is a question for all the younger (or up-to-date) whips in the trade on this Forum, who have a much better (and current) understanding on this matter than I do:
I am assuming that the auto transmission in the Jag has more solenoids in it, than The Terminator and Robocop combined?
If this is the case, surely it is possible after the shunt, that a number of them (or at least one?) may no longer work as they should, after being subjected to the shock of being hit up the back side?
To my way of thinking, this would be entirely possible, esp. given the fact that the car was driving like a dream immediately prior to the accident. We had just returned from a 1400 km round trip, where she didn't miss a beat, and the transmission was as smooth as a baby's back side. I also drove to work that very same day, not a sign of 'Gearbox Fault' on the dash! This only lit up when driving home, so immediately after the impact!
I have seen a major Department Store special off batteries (AA, AAA, and the like) at 90% off rec. retail that have been subjected to 'shock', after being dropped by shop-lifters from pocket height of less that a metre, after being chased by Security Staff.
So my question is: can this feasibly happen to a solenoid, to dis-engage the top two (or three?) gears?
Even if it is just remotely possible, I believe if there is any doubt, that the decision should lean towards the Premium payer? A bit like cricket, where the batsman gets the benefit of the doubt.......but something tells me that Insurance companies don't play cricket........
They are of course claiming that there was no connection between the gearbox failing, and the accident. According to them, it was all due to wear-and-tear, eg.: gearbox burn out.
Now, as someone who likes a bit of a punt, I look at things in odds. I simply cannot get my head around the fact that it failed on EXACTLY the same day as the accident. Or to put it in %ages, as the car is about 4750 days old (give or take a handful), this equates to a 0.02% chance of them being right, and a massive 99.98% in my favour. Mind you, this figure admittedly does not take into account wear-and-tear, as there is 130,000 klms on the clock. We all know that wear-and-tear starts the minute you leave the show-room, but still this is a massive %age in my favour, I think I would have better odds of winning lotto.
Unfortunately, Imported Luxury cars are quite expensive here, as some years ago our Government imposed a hefty tax on such vehicles, to protect the local car market. Tragic thing is that this didn't work, as from 2016/17 there will no cars manufactured in Australia. Many jobs will be lost, but will the tax be scrapped so we can get a fair deal on o/s luxury cars?? Me thinks not....., but that's another thread!
This tax in turn of course has put up the price of anything associated with the car, somuchso that the bill I am looking at could be in the vicinity of $5,500 (approx. GBP 3,000). Possibly just another reason the Assessor has said 'No'?
It is an auto transmission, 5R55, which I believe is also in the Ford Explorer. However that model might not mean much to residents in the northern hemisphere.
Any help would be greatly appreciated!
Also, the assessor has said that this is a very common fault in these transmissions, that they burn out around this vintage, with 80,000 miles on the clock?
Can anyone verify or dispute this??
Many thanks in Advance,
Kris

 
  #2  
Old 03-24-2014 | 09:59 AM
mbelanger's Avatar
Senior Member
Joined: Feb 2014
Posts: 403
Likes: 60
From: north of Houston
Default

Cannot speak to your carrier since non-US practices may be different, but when my truck was hit some years back, the shock of the impact actually impacted operation of the sound system (would randomly try to go from FM to CD) and the high pressure oil pump also began leaking like a sieve. Oh, and the driveshaft was also knocked out of balance.

I had other issues that were noticed after the truck spent three months across two different shops.

The key to getting the carrier to cover it was in getting the shop to corroborate that the damage was reasonably caused by the impact. If it couldn't be linked to the accident, it wasn't covered. And my word was not enough even though it was very simply a case of 'well, it damned sure wasn't doing THAT before your insured decided to blow the four-way stop and disable my one-ton truck).

The other consideration may be that they are reluctant to total your vehicle...and with the amount described, it could very well be that a decision to cover the transmission in the claim puts it in the threshold to where they will declare it a total loss and just cut you a check while taking the car from you.
 
The following users liked this post:
Luvmykat (03-25-2014)
  #3  
Old 03-24-2014 | 10:14 AM
Jon89's Avatar
Veteran Member
Joined: Jan 2009
Posts: 12,677
Likes: 4,420
From: Raleigh, NC
Default

I concur that a 13-year-old S-Type with transmission damage will probably be totaled by the insurance company. The cost to repair or replace that transmission may very well exceed the value of the car now. Sad but true....

Good luck....
 
The following users liked this post:
Luvmykat (03-25-2014)
  #4  
Old 03-24-2014 | 01:41 PM
Mikey's Avatar
Joined: Oct 2009
Posts: 11,058
Likes: 2,266
From: Perth Ontario Canada
Default

I can't say that I've heard of any other case of a transmission being damaged in this manner.

I'm not sure your transmission is toast either. Might just be low fluid level.
 
The following users liked this post:
Luvmykat (03-25-2014)
  #5  
Old 03-25-2014 | 07:44 AM
Luvmykat's Avatar
Thread Starter
|
Junior Member
Joined: Mar 2014
Posts: 22
Likes: 3
From: Australia
Default

thanks heaps for your reply mbelanger, it is all appreciated. I will add your experience with the sound system that went kaputt after being hit up the back-side to my folder, which will more than likely be put in front of a magistrate. Hopefully much of the advice I am getting will strengthen my case!
The problem is that I went (somewhat naively) to one of the Insurance Companies nominated repairer (fool be me!!). Of course they are in bed together, so how much of a conflict of interest do we have here, straight off the bat??
Thanks again,
Kris
 

Last edited by Luvmykat; 05-10-2014 at 06:55 AM.
  #6  
Old 03-25-2014 | 07:48 AM
Luvmykat's Avatar
Thread Starter
|
Junior Member
Joined: Mar 2014
Posts: 22
Likes: 3
From: Australia
Default

thank you for your reply Jon89.
Unfortunately the Insurance company will not write off my Jag, because they are admitting no liability for the transmission damage, which happened as a result of the accident. I wouldn't mind if they did total it!
Thanks again,
Kris
 
  #7  
Old 03-25-2014 | 07:51 AM
Luvmykat's Avatar
Thread Starter
|
Junior Member
Joined: Mar 2014
Posts: 22
Likes: 3
From: Australia
Default

thank you for replying Mikey.
Unfortunately, the shop says the transmission is r/s, and it looks like it will be at my cost!!
Not happy!!
Cheers,
Kris
 
  #8  
Old 03-25-2014 | 09:47 AM
MyBlackCat's Avatar
Senior Member
Joined: Mar 2009
Posts: 552
Likes: 61
From: Texas
Default

Originally Posted by Luvmykat
thank you for replying Mikey.
Unfortunately, the shop says the transmission is r/s, and it looks like it will be at my cost!!
Not happy!!
Cheers,
Kris
That gearbox is a very common Ford box used in many vehicles.

Can you not find a good low mileage used one?

Here is the US they are easy to find and quite cheap, even a rebuild is not bad compared to the ZF box.

I know down in OZ everything is priced out of this world. I guess the wizard of OZ has control of pricing down there ...lol.
 
The following users liked this post:
Luvmykat (03-26-2014)
  #9  
Old 03-26-2014 | 05:41 AM
Luvmykat's Avatar
Thread Starter
|
Junior Member
Joined: Mar 2014
Posts: 22
Likes: 3
From: Australia
Default

thank you for your reply MyBlackCat,
Yes, can look into it, but right now most of my spare time (which unfortunately I don't have a lot of) is being spent on compiling what will hopefully be a strong case against the Insurance company. Trowling forums, complaints sites, etc. etc. I am finding can be very time consuming. But I would rather have too much info, than not enough, to put in front of a magistrate.
And yes, when it comes to o/s luxury cars, our Government has ensured that when it comes to price, we have been (and obviously still are) taken for a ride. No pun intended. This massive tax was introduced to entice (or force) locals into buying locally made cars. But this has back-fired, as of 2016/17 there will no cars made in Oz. Holden, Ford, Toyota........all gone. But will the luxury car tax be scrapped? Me thinks not.......
Thanks also for the link you provided.
Regards,
Kris
 
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
retriever-007
XJ ( X351 )
27
02-10-2017 10:10 PM
pnwrs2000
XJ6 & XJ12 Series I, II & III
6
09-30-2015 01:56 PM
yarpos
Australia - Victoria / Tasmania
0
09-27-2015 06:14 PM
Europeanheart
New Member Area - Intro a MUST
10
09-15-2015 06:59 AM

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 


Quick Reply: Battle with Insurance Company



All times are GMT -5. The time now is 10:21 AM.