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Posted

G'day JagHeads,
my name is Kris from Australia.

About two years ago I ventured out on my first Jag experience (2001 S-Type 3L V6), but am about to embark on what I believe could be a lengthy and drawn-out battle with our biggest Insurance Company down here.
Being somewhat of a Technophobe, I am not really sure if this is the right place to be posting my problem, esp. as it is my first post.
So before making a fool of myself, I will wait for guidance......and then make a fool of myself!!
Cheers guys/gals
:(


Posted

Welcome to the Club, Kris.

 

You will find that there are a lot of friendly and helpful people in the club who will always assist when they can, but I don't think thee are many who have have taken on Insurance Companies.

 

Being a bit of a nitpicker when dealing with officialdom my best advice would be to put everything in writing, even writing up immediately telephone calls, and keeping copies of all letters you send.  It is much better to be a pain in the backside rather than having a pain in your wallet!

 

Let us know how you get on.

 

Regards,

 

Peter.

  • Like 1
Posted

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. 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.
Can anyone verify or dispute this??
Many thanks in Advance,
Kris

P.S.: Thanks Peter for your advice, I will do that and start keeping a log.

And believe me Mick, I don't really want to let the  b***ards win, but they have A LOT more money than I do....

Posted

Welcome Kris,

                           I'm with Mick, and hope the bas****s don't win .

 

Next to dealerships, insurance companies are my pet hate, they pray on peoples fear, quick enough to take your money and reluctant to pay out ; as I've found to my cost over claims due to the recent floods.

 

If you can take them all outside and shoot the lot the world would be a better place.

 

I hope you get everything sorted and quickly. And as we say in England , every time the team goes out to but " It's just not cricket" !

 

ATB,

 

Trevor (small old pom)

  • Like 1

Posted

Hi Kris, 

 

I think that you will gather that Mick and Trevor do not like Insurance companies.. I am not that keen on them, either.

 

I had an issue with my insurance,and I eventually got them to settle my claim.  I do expect they will have their revenge when I come to renew.

 

But back to your problem.  I think you might need a report from and engineer or possibly a technician who would know more about this fancy electrical whatsits they put in cars nowadays.

 

I will try to gather some information for you from people I know and see if I can get a strong opinion.

 

Meanwhile there is a saying "Nil illegitiis carburundum." If I had a Coat of Arms that would be my motto.

 

Regards,

 

Peter  --  another Pom, but smaller and older.

  • Like 1

Posted

Hi Kris,

 

A slight but maybe useful bit of information .

 

I googled   "auto gearbox --  crash damage".  This gave me several useful results concerning a crash which rear ended several cars. Although it took place in the USA and  although it wasn't a Jaguar it was an all wheel drive car which has of course a prop shaft  which could have been pushed forward even slightly and could have caused gearbox damage.

 

Should the matter finish up in the Courts, [certainly in the UK] Balance of probability would be the criterion rather than absolute proof.

 

It could be worth looking at.

 

Regards,

 

Peter.

  • Like 1
Posted

Welcome aboard.

Only one request with your insurance battle........ Don't let the b***ards win! ! ;-)

 

G'day Mick,

and thank you for your welcome, and your support!

Believe me, I definately do not want to let them win, as we have been with them for 37 years, and this is our first claim!!

But the thing is........they have more money than I do!!

A  LOT  MORE !!!!

Thanks again,

Kris

Posted

Welcome Kris,

                           I'm with Mick, and hope the bas****s don't win .

 

Next to dealerships, insurance companies are my pet hate, they pray on peoples fear, quick enough to take your money and reluctant to pay out ; as I've found to my cost over claims due to the recent floods.

 

If you can take them all outside and shoot the lot the world would be a better place.

 

I hope you get everything sorted and quickly. And as we say in England , every time the team goes out to but " It's just not cricket" !

 

ATB,

 

Trevor (small old pom)

Hey Trevor,

and thank you for your welcome and support!

Yes, I guess they do prey on our fear by selling us an intangible product, that hopefully, we will never use. And if and when we do need to make use of it, it would be nice to know that it was there. After all, that is exactly why we pay our Premiums for!! Just in case........

But if all they do is collect Premiums, and don't pay Claims (as was the case with you and the Floods, sorry to hear), then I guess, like Dire Straits said years ago......Money for Nothing! This is how the rich get richer, and the poor get poorer!!

One of their problems is that they automatically assume that each and every claim is a fraudulent one, however I am sure that yours was as legitimate and honest as what mine is.

And now after years of Premiums, I will have to prove my case as well.......... I thought I would be innocent until proven guilty, gosh, come to think of it Criminals have more rights than 'Claimants'..........What a strange world we live in!!

Thanks again, and thanks for listening to my rant, I have got it off my chest -- and feel the better for it!!

Regards,

Kris

Posted

Hi Kris,

 

A slight but maybe useful bit of information .

 

I googled   "auto gearbox --  crash damage".  This gave me several useful results concerning a crash which rear ended several cars. Although it took place in the USA and  although it wasn't a Jaguar it was an all wheel drive car which has of course a prop shaft  which could have been pushed forward even slightly and could have caused gearbox damage.

 

Should the matter finish up in the Courts, [certainly in the UK] Balance of probability would be the criterion rather than absolute proof.

 

It could be worth looking at.

 

Regards,

 

Peter.

 

Welcome to the Club, Kris.

 

You will find that there are a lot of friendly and helpful people in the club who will always assist when they can, but I don't think thee are many who have have taken on Insurance Companies.

 

Being a bit of a nitpicker when dealing with officialdom my best advice would be to put everything in writing, even writing up immediately telephone calls, and keeping copies of all letters you send.  It is much better to be a pain in the backside rather than having a pain in your wallet!

 

Let us know how you get on.

 

Regards,

 

Peter.

Hey Peter, many thanks for your kind and warm welcome!

I will indeed be keeping a log of some sort, although paper work is not my strong point!!

Being a nitpicker here may very well be called for, as if it does go to Court, at least a Magistrate will be able to make his/her mind up equipped with plenty of info, which is exactly why I am on this Forum.

Thanks again for the advice!

Cheers,

Kris

Posted

Hi Kris, 

 

I think that you will gather that Mick and Trevor do not like Insurance companies.. I am not that keen on them, either.

 

I had an issue with my insurance,and I eventually got them to settle my claim.  I do expect they will have their revenge when I come to renew.

 

But back to your problem.  I think you might need a report from and engineer or possibly a technician who would know more about this fancy electrical whatsits they put in cars nowadays.

 

I will try to gather some information for you from people I know and see if I can get a strong opinion.

 

Meanwhile there is a saying "Nil illegitiis carburundum." If I had a Coat of Arms that would be my motto.

 

Regards,

 

Peter  --  another Pom, but smaller and older.

Yes, there is no need to read between the lines there, that's for sure!

However, the fact that you have posted that you have had a 'Win' with your Insurance Company (but like you said, albeit temporarily??) has given me a boost! It's encouraging to know that the 'little man' can still have a voice, otherwise it was looking all a bit daunting for me, taking on such a giant!! I am sure that is aslo what they rely on! So thanks for the shot in the arm!

Thanks also for the lesson in Latin.......I must confess that I did not know the meaning, and had to ask Google for help.

We had two politicians down here who coined the phrase, not quite as eloquent as the Latin version you provided, but more the Aussie interpretation of it: 'Let's keep the Bas***ds Honest'. One has since passed away, and the other is no longer in Politics........so what does that tell us, I wonder?? Hhhhmmmmm........

Easier said than done, it would appear.

Thanks in advance for your continued efforts and time in getting me further info on this, it is very much appreciated indeed!!

Kind Regards,

Kris

Posted

Hi Kris,

 

A slight but maybe useful bit of information .

 

I googled   "auto gearbox --  crash damage".  This gave me several useful results concerning a crash which rear ended several cars. Although it took place in the USA and  although it wasn't a Jaguar it was an all wheel drive car which has of course a prop shaft  which could have been pushed forward even slightly and could have caused gearbox damage.

 

Should the matter finish up in the Courts, [certainly in the UK] Balance of probability would be the criterion rather than absolute proof.

 

It could be worth looking at.

 

Regards,

 

Peter.

Thanks heaps again for that Peter, I do hope this will strengthen my case. I will be putting together a folder with all relevant info, every bit helps!!

I know that my daughter's Peugeot has 32 solenoids in her automatic transmission........I had to pay for each and every one of them, when her gearbox packed it in two years ago.

I do like your Court quote, as my legal knowledge can be printed on the back of a postage stamp..........if I use big font! So I have copied and pasted your quote as part of my folder arsenal........if nothing else, it makes me sound smarter!

Thanks again,

Kris


Posted

And another thought, Kris.  Find out the name of the Top Man/Woman in the Company.  You can get that from Google.

 

That is how I won my case against my insurance company.  My claim had been turned down when my car was hijacked, or car jacked as it is now known.  I was told that I could appeal and go to the Insurance Ombudsman.  I told them I was not going to the Ombudsman, but I would have a little chat with Jim *********.  I did give the young lady the impression that the chat would be over a couple of cold beers.

 

The next morning I had a phone call from the company from a very senior young lady who said that she had investigated my complaint and that she had decided to settle the matter with me.  I had a cheque in three days.

 

Regards,

 

Peter.

  • Like 1
Posted

And another thought, Kris.  Find out the name of the Top Man/Woman in the Company.  You can get that from Google.

 

That is how I won my case against my insurance company.  My claim had been turned down when my car was hijacked, or car jacked as it is now known.  I was told that I could appeal and go to the Insurance Ombudsman.  I told them I was not going to the Ombudsman, but I would have a little chat with Jim *********.  I did give the young lady the impression that the chat would be over a couple of cold beers.

 

The next morning I had a phone call from the company from a very senior young lady who said that she had investigated my complaint and that she had decided to settle the matter with me.  I had a cheque in three days.

 

Regards,

 

Peter.

Brilliant Peter, Brilliant!!

I will add this to my check-list!

The more ammo I have, the heavier the assault I can launch!!

Many thanks,

Kris

please keep the advice coming

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