My wife had an accident in her Toyota Sientra. It was sent to Toyota Pranburi for repairs. It had full comprehensive insurance with the value of the car, put at BT 750,000. It was badly damaged and they would not replace it with a new car. They have spent the last 5 months trying to repair it and each time it either breaks down, or it requires new parts which they have to import from Japan. They now tell me it'll take another one month. I am sure you will all agree that it is utterly ridiculous. I think maybe the insurance company who don't want to fork up the money for a car what is was the point of having a comprehensive insurance company if they don't pay up?. The insurance was arranged through Toyota insurance broker.  What can I do? We contacted head office in Bangkok and they only said they are sorry! Should we get a lawyer or what should we sue the insurance company or advise consumer protection?

Any advice would be highly appreciated

Unless repairs total more than 750k they wont write it off...but they should at least provide a courtesy car

It might be time for a Lawyer.. Then the Insurance starts getting active.

At least by my stolen bike they did.

At the Insurance office they told me in the face that the case could need 1 year to get my money back.

Our Lawyer shortened it to 4 Weeks..

24 minutes ago, See Will said:

It might be time for a Lawyer.. Then the Insurance starts getting active.

At least by my stolen bike they did.

At the Insurance office they told me in the face that the case could need 1 year to get my money back.

Our Lawyer shortened it to 4 Weeks..

That's good info even better with the cost for the lawyer many people are thinking costs are very expensive involving a lawyer.

Did you check if your insurance contract contains any clause which might say something about that you are entitled to get a replacement car while your car is being repaired, or maybe that they have to repair your car within a certain time frame?

whats the name of the insurance company

Insurance companies will only write off a car if the cost of repair is more than the value of the car. Write offs are rare in Thailand as labour is cheap.

 

At the amount you are talking about this is a heavy accident. If the chassis got bent it may not drive straight when finished.

 

Try the lawyer? They already spent too much on repairs and won't want to write it off but you can put pressure on them by saying you want cash as they have failed to repair it.

17 minutes ago, DaRoadrunner said:

If the chassis got bent it may not drive straight when finished.

Bent chassis? Do modern day cars have chassis? I thought that was eliminated some years ago and replaced with unibody construction.

 

1 minute ago, neeray said:

Bent chassis? Do modern day cars have chassis? I thought that was eliminated some years ago and replaced with unibody construction.

 

Da Roadrunner has worked for five car manufacturers and owned a garage business.

 

The old cars had a separate chassis (pickups still do).

 

Despite unitary construction, modern cars still have a chassis. Take a look underneath the floor pan, it's just not separate anymore.

 

Once bent they are seldom ever the same again. Even with a chassis jig and laser alignment.

 

Chassis jigs are rare in Thailand. What you get is Somchai with a tape measure!

 

Thais also try to straighten old bent parts when they should have replaced with new. The whole lot is then covered up with plenty of body filler (otherwise known in the trade as 'pudding').

 

 

I would first try OCPB to see where you stand with this. 

 

Not sure about Thailand , but in Oz they use to have a rule if damage cost over 70-80% of the value , they write it off

11 hours ago, See Will said:

Our Lawyer shortened it to 4 Weeks.. 

You have an effective Thai lawyer that moves that fast? Send me his contact details will ya? Thanks!

Dunno about dealership & heavy damage, but had experience with insurance contracted garage, those are usually unmotivated and slowish... 

 

In 2017 my car front ended badly,  insurance company sent her to a contracted garage nearby. They let car sit 3 months and rust. They did zero repair and took zero care to her. 

 

In the end i sourced parts and did all repairs at home myself, even upgraded FMIC, boost control etc. Insurance company happily paid me fully because even with heavy upgrades and imported parts I still quote less than that do-nothing contract garage... 

Get a lawyer consultation but of course not a half ass one upcountry. Take the time to go to Bangkok and speak to a large firm that has English speaking one's. 

Most likely if not in Thailand based on damages indicated this vehicle might not even be road worthy in a Western country. 

I'd be trying a different ploy. I'd be contacting Toyota's head office. I'd be very diplomatic & set out all details & timeline of the repairs so far. The dealer carrying out the repairs maybe a franchised operation, but never underestimate the persuasion power of the manufacturer in such cases. I would be questioning the competence, ability of the of the repairer. Depending on the outcome, reply from Toyota, I would request a meeting between a senior member of the insurance company and the repairer. I wouldn't be holding too much hope of any satisfactory resolve at this point. At this point you can show that you have been extremely patient & tried everything within your power to initiate a satisfactory resolution. Now, I would be contacting the Consumer protection department for their involvement. I understand they wield a pretty big stick in such situations. Sounds like you have little to lose in your situation.  Keep us posted.

14 hours ago, whiteman said:

whats the name of the insurance company

Viriyah. The yearly premium is bt23,000. They are a very big company.

22 hours ago, jackdd said:

Did you check if your insurance contract contains any clause which might say something about that you are entitled to get a replacement car while your car is being repaired, or maybe that they have to repair your car within a certain time frame?

They refused to give me a courtesy car. I'll have to check the terms of the insurance to see whether there is a timeframe, but personally I don't think so. Anyway, thanks for the advice

23 minutes ago, malt25 said:

I'd be trying a different ploy. I'd be contacting Toyota's head office. I'd be very diplomatic & set out all details & timeline of the repairs so far. The dealer carrying out the repairs maybe a franchised operation, but never underestimate the persuasion power of the manufacturer in such cases. I would be questioning the competence, ability of the of the repairer. Depending on the outcome, reply from Toyota, I would request a meeting between a senior member of the insurance company and the repairer. I wouldn't be holding too much hope of any satisfactory resolve at this point. At this point you can show that you have been extremely patient & tried everything within your power to initiate a satisfactory resolution. Now, I would be contacting the Consumer protection department for their involvement. I understand they wield a pretty big stick in such situations. Sounds like you have little to lose in your situation.  Keep us posted.

It's a difficult situation because both my wife and I are very old and cannot drive and cannot travel to Bangkok. Our "help" drives us everywhere, but she wouldn't have a clue about insurance. I agree that the consumer protection department would probably be the best bet. Have you any idea how I could contact them? Thanks for your advice

1 hour ago, thailand49 said:

Get a lawyer consultation but of course not a half ass one upcountry. Take the time to go to Bangkok and speak to a large firm that has English speaking one's. 

Most likely if not in Thailand based on damages indicated this vehicle might not even be road worthy in a Western country. 

I agree= time to get a good lawyer involved.  Most reputable insurance companies will total a vehicle once the estimated repairs total 70-80% of the value of the vehicle and then there is the question can it be repaired and still considered safe to drive. A Western Insurance Company will total the vehicle if the  frame is bent and it cannot be safely repaired or the vehicle engine has ingested water.  In Thailand- anything can be repaired but the question of safety is often ignored.  You will need a lawyer who handles product complaints.

14 hours ago, neeray said:

Bent chassis? Do modern day cars have chassis? I thought that was eliminated some years ago and replaced with unibody construction.

 

The car is the new Toyota Sientra

Try talking with Issan Lawyers in Korat.....he is French Canadian with English and good Thai lawyers with him. You can have a skype conference with him if you are far away. My wife sells insurance and she says that a courtesy car on the insurance is only for Bangkok. Good luck.

On 4/20/2019 at 12:04 PM, See Will said:

Our Lawyer shortened it to 4 Weeks..

May I ask you who that was ? I am trying to locate a good "all purpose" lawyer here in Pattaya - but I did not succeed so far. We have one for our wills and living wills but need someone for the rest - whatever this might be, civil cases, car accidents etc. etc. whatever could possibly arise.

 

Thanks.

Lawyer!

And contact Toyota HO in Thailand and Japan and tell them you have.

I would not bother with the consumer protection office, we called they never answered, emailed them no answer, sent documents no answer. Good luck if you do

5 hours ago, malt25 said:

I'd be trying a different ploy. I'd be contacting Toyota's head office. I'd be very diplomatic & set out all details & timeline of the repairs so far. The dealer carrying out the repairs maybe a franchised operation, but never underestimate the persuasion power of the manufacturer in such cases. I would be questioning the competence, ability of the of the repairer. Depending on the outcome, reply from Toyota, I would request a meeting between a senior member of the insurance company and the repairer. I wouldn't be holding too much hope of any satisfactory resolve at this point. At this point you can show that you have been extremely patient & tried everything within your power to initiate a satisfactory resolution. Now, I would be contacting the Consumer protection department for their involvement. I understand they wield a pretty big stick in such situations. Sounds like you have little to lose in your situation.  Keep us posted.

All I can add would be for the OP to contact the insurance underwriters (who presumably aren't in Thailand) & watch what rolls downhill.

Perhaps trying to order parts from Japan for a vehicle built in Indonesia may be the delay perhaps the OP should point this out to Toyota Pranburi .

Suggestions:

 

1) I agree with the poster who mentioned calling the main Toyota HQ, but I would get the name of the President/CEO via internet search and ask for him when you call.

You will get an "Executive Assistant" usually calling you back fairly promptly, as their job is to field the calls coming in to the President.

They may be able to get things moving.

 

Sometimes you get more than the assistant - I had a problem with cellphone carrier Verizon - I got the President/CEO's voicemail (things got resolved quickly).

 

Meanwhile:

 

2) Blow up their Twitter and Facebook.

 

I see there is a Toyota USA on Twitter, I haven't looked beyond that but whatever there is, post your situation in the strongest terms possible in response to every tweet they send out.

 

Go thru their last 6 or so tweets to start, and respond to each with your own horror story.

 

Hit their Facebook and any other social media where they are active.

Make it clear that you bought a Toyota, they are not living up to their obligations, 6 months later no car and no repair, nightmare, etc.

 

You may get someone asking you to Direct Message them within minutes.

 

5 hours ago, Thaidream said:

I agree= time to get a good lawyer involved.  Most reputable insurance companies will total a vehicle once the estimated repairs total 70-80% of the value of the vehicle and then there is the question can it be repaired and still considered safe to drive. A Western Insurance Company will total the vehicle if the  frame is bent and it cannot be safely repaired or the vehicle engine has ingested water.  In Thailand- anything can be repaired but the question of safety is often ignored.  You will need a lawyer who handles product complaints.

Normally in asean countries, once a vehicle was involved in a heavy accident with chassis integrity, the owner would just get rid cheaply the repaired vehicle after receiving it from the insurance company. A bent chassis will not ride well and safely.

21 hours ago, whiteman said:

whats the name of the insurance company

Thai defamation laws prevent the OP from doing that. Truth is no defence here.

If the car hardly stand up, it won’t be safe. It will cause you trouble when you get it back anyway. 

8 hours ago, gamini said:

It's a difficult situation because both my wife and I are very old and cannot drive and cannot travel to Bangkok. 

You can still write. Post a letter to the President of Toyota Thailand,

 

Mr. Michinobu Sugata

Toyota Motor Thailand Co., Ltd.

186/1 Moo 1, Old Railway, Samrong Tai, Phrapradeang, Samutprakarn 10130.

 

Kept it polite and request his assistance. That should light a fire under your dealer.

 

Toyota Customer Contact Center

Telephone (66) 0-2386-2000 24/7 service
(or 1800-238444 Toll free for upcountry, fixed line only 24/7 service)

 

I once worked for Toyota and the above is where I would start.

 

I heard Viriyah insurance are one of the better ones, but you could CC your letter to them.