Break upgrade legality

[TAS1981]

I think the rules and regulations are quite clear, anyone can upgrade their cars with bolt on parts from another same type of car without engineering (as that has already been done by Holden).



If your insurer has found that you have modified your car Illegally then your insurance policy will be void, whether the modification led to the accident or not.

Illegally?! What? It's a defect not a jail sentence. Unless you nicked the parts or bought them with the proceeds of crime...

I don't believe you are correct. Point to any evidence that suggests you are? You think if a piano was dropped from a crane onto my car they would void my insurance because I had HSV brakes on it?

If there was a defect with the parts used or the fitment and that caused an accident then the insurance company would probably still settle the claim and then come after you for the cash.

 

[VR38]

Read your policy, I'm talking "at fault claims", if your car is not "road worthy" then they can and will void your policy, same for if you make ANY omission to gain the policy.

When you make a claim on your policy and someone else is at fault they you do not pay (if you can supply the "at fault" parsons details.
That is a different matter.
You are obviously stating your interpretation of their way of working. Do a bit more research and you will see what exactly an insurance company will and won't do.
It's in the fine print.

 

[TAS1981]

Read your policy, I'm talking "at fault claims", if your car is not "road worthy" then they can and will void your policy, same for if you make ANY omission to gain the policy.

When you make a claim on your policy and someone else is at fault they you do not pay (if you can supply the "at fault" parsons details.
That is a different matter.
You are obviously stating your interpretation of their way of working. Do a bit more research and you will see what exactly an insurance company will and won't do.
It's in the fine print.

Appreciate your point but I think reading specifically around the Australian Law Reform Commission recommendations regarding substance over form and the principle of proportionality with respect to motoring modifications would be the real legal stance on such a case should it arise, regardless of what the small print says.

[Edited due earlier sense of humour lapse]

 

[kingyinperth]

Not much paranoia here.....................the stories many could tell about what insurance WILL pay is also equal to if not more mind boggling imo..

OP..just fit your fkn spiffy upgraded brakes and don't sweat it bruz,she'll be alright...:smoking: ps..don't stack it "at fault" just to be on the safe side...

or pay the extra hundreds for ole mate to tick and flick,then think for years after,there's $500 ill never see again.

 

[Towcar]

Appreciate your point but I think reading specifically around the Australian Law Reform Commission recommendations regarding substance over form and the principle of proportionality with respect to motoring modifications would be the real legal stance on such a case should it arise, regardless of what the small print says.

[Edited due earlier sense of humour lapse]

I'd go with simple breach of contract if I were an insurance company.

 

[VR38]

Just to clarify, I have no problem with the OP fitting the upgrade brakes he asked about, my comments were directed at others in regard to the legalities of illegally modifying your car.
Sorry for any confusion.

 

[Big-Al]

yer ok so how many smart guys here have ever had or heard of someone they know having their insurance claim nulled because of aftermarket brakes? or any aftermarket parts for that matter.

 

[TAS1981]

yer ok so how many smart guys here have ever had or heard of someone they know having their insurance claim nulled because of aftermarket brakes? or any aftermarket parts for that matter.

I have never heard of anyone suffering from this especially in reference to improving a safety feature such as the brakes.

PS - If it was me I would probably tell the insurance company I upgraded my brakes anyway. I doubt it would affect your premium.

PPS - I still have no idea how modifying your car is illegal.

 

[Rajesh Koothrappali]

PPS - I still have no idea how modifying your car is illegal.

It's simple... Because manufacturers spend hundred of thousands of dollars on ensuring cars are manufactured to meet all Australian Design Regulations (ADRs). As soon as you change something on your car, you are changing it from it's Original Equipment Manufactured (OEM) configuration to something that doesn't necessarily meet ADRs.

 

[Not_An_Abba_Fan]

Modifying the car is not illegal. Fitting parts that make the car unroadworthy is. I would say that about 80% of modified cars are unroadworthy according to the letter of the law. Doesn't mean they are unsafe or will have a claim knocked back because of it though.