Car Repairer information re disputes

Allianz is pleased to be a signatory to this important Industry Code of Conduct which establishes standards of fair-trading in the relationship between Allianz and Repairers.

Car Repair Dispute Resolution

There are two distinct Dispute Resolution processes provided for in the Smash Repair Code set out below.

The first process is enabled by Section 10 of the Code and applies to disputes about methods of repair that arise prior to commencement or completion of repair. Allianz determines these internal disputes within two business days and they are not subject to any external review process.

The Repairer notifies the Allianz State Assessing Manager, providing:

• full details of the dispute,
• supporting evidence of the concern, and
• the redress sought by the complainant.

The State Assessing Manager arranges a full investigation of the issue by:

• considering all relevant information,
• inspecting the vehicle (if applicable), and
• discussing the dispute with the Repairer.

The State Assessing Manager makes a determination within 2 days of the dispute being raised:

• if the Repairer disagrees with the determination,
• the Repairer retains the right to refuse to carry out repairs, and
• the vehicle may be transferred to another repairer (with 24 hours notice of vehicle removal).

This provision does not apply for disputes relating to the amount to be paid for repairs, or differences of opinion as to the preferred repair method. Such matters are for individual Repairer/Assessor negotiation and cannot be disputed under the provisions of the Smash Repair Code.

The second process is enabled by Section 11 of the Code and applies to contractual and compliance with the Code disputes. This process requires IDR and EDR processes to be made available, but the EDR process only involves mediation, not determination.

This clause applies to disputes that arise prior to the commencement or completion of repair.

Where the Allianz assessor reports that the repairer has a complaint about a contractual or compliance issue that has remained unresolved to the satisfaction of the repairer beyond 24 hours, the assessor initiates the IDR process arising out of discussion with the repairer. The assessor will refer the dispute to the State Assessing Manager who will attempt to resolve the matter to the satisfaction of the repairer.

The State Assessing Manager will reassess Allianz' position and then discuss with National Manager Motor Assessing to determine if the matter can be resolved without a formal IDR Review Forum being convened.

If the dispute cannot be resolved:

The dispute will be referred to the Contracts and Compliance IDR Forum for investigation and determination to be provided to the repairer within 15 business days.

If the repairer remains dissatisfied with the determination, the repairer may lodge a notice of dispute with the Code Administration Committee (CAC), providing information on:

• the nature of the dispute,
• what outcome is wanted, and
• what action the Repairer considers will settle the dispute.

The repairer and Allianz will be required to agree on a mediator (or CAC will appoint a mediator). Then the mediator, the repairer and Allianz will attempt to resolve the dispute within 15 business days.

If, the mediation does not result in an outcome acceptable to both the applicant and the respondent, or the dispute proves incapable of resolution by mediation. Then, the mediator will provide a written statement to the applicant and the respondent setting out:

• the parties to the dispute;
• an outline of the dispute; and
• a list of unresolved issues;
• and advise the CAC on the outcome of mediation.