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Mazda 6 - Complaint against false advertising accident care - JimmyV

The complaint I sent to the mazda customercare. Hopefully this explains the issue. I think I need to report the bad practices whether it will make a difference or not

Dear Sir/Madam,

I would like to bring an issue to your attention regarding Mazda accident management. The issue is Mazda Accident management sounds like a claims management company which handles customers come through "call Mazda first" campaign which is very misleading advertisement.

Here is the background.

My Mazda 6 car(Reg. No. ........) was smashed by a truck while it was parked. The other party admitted liability. I was given the leaflet of Mazda accident management at the time of buying the car. Even though I could have processed my claim through my insurance or the other insurance I have gone through Mazda Accident aftercare for the peace of mind that it will be properly taken care by Mazda.

Unfortunately, my vehicle was written off as category D. I should say I was grossly disappointed by the valuation done for my car by Mazda Accident management. I bought my "Mazda approved" car in July last year after months of research. I was very happy with my purchase of the car which was good example of well maintained low mileage car. At the time of accident the car had only covered 33500 miles with full service history which is a sought after car in the used car market. Mazda's own used car website values similar low mileage, good condition cars high.

The assessed value by Mazda Accident aftercare is 4700 pounds. As per the insurance rules I need to get the money to replace a "like for like" car within a reasonable distance. The financial ombudsman guidelines is given below.

"In most cases, we assess the market value as the retail price which the policyholder would have had to pay for a comparable vehicle at a reputable dealer, immediately before the date of the damage/theft"

http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html#2

By looking at the Mazda website prices a like for like car cost anywhere above 6000 pounds near to my home(post code .........). How can Mazda's accident aftercare value my car lesser?

It looks like Mazda Accident aftercare are not aware how much Mazda charges for a used car. The valuation doesn't account any proof of value I have provided to them and does not give me any reason for the poor valuation. Also, Mazda Accident aftercare does not even know Mazda has and an Accident repair discount program as given below in the link. All of this points to false advertising.

http://www.expertreviews.co.uk/car-tech/1289257/mazda-accident-repair-discount-programme-offered

In the end, Mazda Accident aftercare advised me that if I don't accept the mediocre offer which is nowhere near to Mazda UK's advertised used cars values, they will take my hire car back, and cannot help me anymore. This is a big blow for a customer who believed in the brand. This is against the advertisement where the customers are made to believe that it is best to contact Mazda when an accident happens.

As things stand now, it seems I would have been better off if I would have processed my claim through my insurer or the other party's insurer directly. Mazda Accident Aftercare is acting like a typical claims management company who has no actual connection with the manufacturer and there is potential conflict of interest and potentially misleading advertisement. This is unfair to the customers who are made to believe the manufacturer will take care of things at the event of an accident.

I would like to bring Advertising Standards Agency rules to your attention. Please refer to point 3.7 and 3.12 from the following document.

http://www.cap.org.uk/advertising-codes/~/media/Files/CAP/Codes%20BCAP%20pdf/BCAP%20Section%203.ashx

Advertisements must make clear the commercial intent. Advertisement must not mislead by exaggerating the capability or performance of a product or service. I am potentially mislead to a claims management company and facing the consequences even though I had an option to directly approach the other party's insurance or my insurance.

The same is mentioned in Unfair trading regulations 2008, section 6(1)

http://www.legislation.gov.uk/uksi/2008/1277/pdfs/uksi_20081277_en.pdf

If Mazda Accident management is a claims management company, the commercial intent is not clear from the advertisements which says it is for the customers benefit. Also, the customers are made to believe it is manufacturer who is taking care of the accident aftercare which is an exaggeration if it is actually just handled by a claims management company. The "call Mazda first" slogan which can be seen in a lot of Mazda literature including within the Mazda provided tax holder in the car could be severely misleading. And the advertisement says "the service is designed to help you to get back on the road as quickly and smoothly as possible", which can be challenged as there are many cases where going directly to the insurer might be faster and smoother.

As insurance prices are going higher day by day, it is not right that a claims management company can come in with misleading advertisement to attract the customer from a straightforward insurance claim which could have been settled directly with the insurer and the customer, and charge the fault party's insurance company without of any help to the customer(or anybody else other than the claims management company) . This will be passed to the future insurance premiums and it is the innocent drivers who are going to suffer.

If things are as I suspected, this will be reported to ASA, OFT and FSA in its order.

Please look into the matter and advise.

Regards,

Mazda 6 - Complaint against false advertising accident care - dacouch

Unfortunately Claims Management Companies and Mazda Accident Management are not party to the Ombudsman service and do not have to take any notice of them.

Mazda 6 - Complaint against false advertising accident care - JimmyV

Unfortunately Claims Management Companies and Mazda Accident Management are not party to the Ombudsman service and do not have to take any notice of them.

I know whay you mean. I cannot take them to ombudsman as it is insurance company who need to offer me a settlement. But I think there are potentially other four cases here

1) misleading advertisement routing the cutomers to a claims management company. Could be worth reporting to Advertising Standards Agency.

2) Claims managment company coming in between insurer and insured , extract some money and going away leaving the matter unsettled( making things worse). Their valuation of car is not considering actual retail price into consideration as per the rules of insurance hence providing poor service. If they are charging the fault partys insurer(which I think they are) they are answerable. Could be worth reporting to cliams management regulator.(www.justice.gov.uk/claims-regulation)

3)The Office of fair trading might be interested knowing more about the unfair alliance of claims management company and car manufactuer misleading customers.

4)Mazda need to know that their Accident Management is letting their brand down.

At least report the unfair practices. Don't know if that make any difference.

Mazda 6 - Complaint against false advertising accident care - nortones2

Too many fronts in your proposed campaign! The core issue here is the low valuation placed on your car. The question of whether false advertising takes place is quite another matter. If possible I suggest you try to get the valuation raised - Mazda being rapped on the knuckles won't be beneficial to your bank account.

An alternative is to dump the hire car, dump Mazda and their accolytes, and take action against the employer of the truck driver if you think you have grounds. Look at the advice given here about being put back in the position you were in before the accident. Also the relevant threads on the Consumer Action Group. Then get even, at your leisure.

Mazda 6 - Complaint against false advertising accident care - JimmyV

Thank you. That is a sensible proposition for putting me back in position I was in before the accident. I have already given the hire car back. Do you think I need to use my legal cover to handle the situation?

Don' t you think the "call mazda first" campaign is misleading customers which need to be reported? We all know the unholy alliance of hire companies, insurers and claims companies. But manufactuer being part of the aliance is news to me ( because it is not exposed yet)

Edited by JimmyV on 24/11/2012 at 12:57

Mazda 6 - Complaint against false advertising accident care - nortones2

If you need legal cover. But using the tools given by CAG and HJ re valuation, you might not need to. Write to the employer first I suggest. As to the "misleading" campaign, you might not be aware that many insurance policies touted by, e.g. Marks and Spencer, Co-Operative Insurance, are merely fronts. The policy is with one of the big bruisers in the insurance trade. Caveat emptor.

Mazda 6 - Complaint against false advertising accident care - JimmyV

If you need legal cover. But using the tools given by CAG and HJ re valuation, you might not need to. Write to the employer first I suggest. As to the "misleading" campaign, you might not be aware that many insurance policies touted by, e.g. Marks and Spencer, Co-Operative Insurance, are merely fronts. The policy is with one of the big bruisers in the insurance trade. Caveat emptor.

Could you please tell me where can find CAG tools and HJ Revaluation? I searched the CAG motoring forum and this website but couldnt find any

Mazda 6 - Complaint against false advertising accident care - nortones2

I meant tools in the form of knowledge. You might have to do a search like mine just now: tinyurl.com/ch98qsp as one example.

I just entered "car, valuation"

As for HJ: try FAQ as I did. tinyurl.com/c2xb2ke

If you need help, the CAG forums might bring assistance to bear, but maybe you'd be better off getting legal advice if not confident.

Mazda 6 - Complaint against false advertising accident care - thunderbird

Maybe you should have heeded the advice given on here at the time of your original post to stay well clear of Accident Management Companies.

You have learned by your mistake like many before you.

Just accept this and move on.

Mazda 6 - Complaint against false advertising accident care - JimmyV

Maybe you should have heeded the advice given on here at the time of your original post to stay well clear of Accident Management Companies.

You have learned by your mistake like many before you.

Just accept this and move on.

I didn't know Mazda Accident Aftercare is just an accident management company in disguise.I did my fair amount of research about them. Surprisingly there was no negative experience reported.

I have to process it by my legal cover now. Thank you.

Mazda 6 - Complaint against false advertising accident care - JimmyV

I meant tools in the form of knowledge. You might have to do a search like mine just now: tinyurl.com/ch98qsp as one example.

I just entered "car, valuation"

As for HJ: try FAQ as I did. tinyurl.com/c2xb2ke

If you need help, the CAG forums might bring assistance to bear, but maybe you'd be better off getting legal advice if not confident.

Thank you. Much appreciated.

Mazda 6 - Complaint against false advertising accident care - JimmyV

If you need help, the CAG forums might bring assistance to bear, but maybe you'd be better off getting legal advice if not confident.

Disappointing news, my legal cover won't support the claim as at the time of accident I was not in the car. It was specifically mentioned in the cover note.

Let me see with CAG forums then.