AFCA: The Illusion of Justice – My 2.5-Year Fight for Negligent Repairs - Accountability
- blackwidowtattoo2
- Apr 22
- 4 min read
Updated: May 4
📅 22 April 2025✍️ By Erika Armstrong
To the Australian Competition and Consumer Commission (ACCC),
My name is Erika Armstrong. I am submitting this formal complaint regarding the chronic mishandling of my insurance claim by Allianz Australia Insurance, its underwriting agent Dawes Underwriting Australia Pty Ltd (a member of the Steadfast Group), and their appointed repairer, Gold Coast Restorations Australia Pty Ltd.
But more critically, I am raising serious concerns about AFCA – the Australian Financial Complaints Authority – and its failure to uphold its responsibilities as an impartial, independent dispute resolution body. After more than 2.5 years, I’ve been left financially crippled and emotionally shattered, while those responsible walk away unaccountable.
⚖️ What Happens When the System Built to Protect You… Doesn’t?
In my latest video, I share the harrowing reality of navigating a deeply flawed consumer protection system. This is not just a story about a vehicle. It’s about broken promises, systemic failures, and the silence that comes when institutions serve the powerful.
🔗 Watch the Video: AFCA – The Illusion of Justice👉 VID Here
💬 If you’ve been through something similar or just want to connect, share your story or support the cause, head to:🌐 www.black-widow.com.au
🚗 AFCA Case Summary
In December 2022, I submitted a claim for my 1940 custom pickup truck, insured under an agreed-value policy with Metrix Insurance / Allianz. This vehicle was not just a car — it was built with my late father and used to promote my airbrush and paint business, with full disclosure to the insurer.
Instead of handling the claim directly, Allianz passed it to Dawes Underwriting, who referred Gold Coast Restorations — not my nominated workshop. I accepted this only due to my preferred shop being temporarily closed. That decision would haunt me.
The vehicle was returned:
In an unsafe and undriveable condition
With overheating issues and mechanical damage
Showing substandard, incomplete work
With new damage unrelated to the original fire
And in clear breach of Allianz’s lifetime repair warranty
Despite numerous expert reports, Allianz and Dawes refused to re-open the claim or rectify the issues.
For over 2.5 years, my vehicle has remained unusable.
🧩 AFCA’s Failure to Act Impartially
Following insurer and broker advice, I lodged a complaint with AFCA, trusting its reputation as a fair, independent resolution body. That trust quickly eroded.
Over the course of a year:
I was assigned three different case managers
Each reassignment caused delays and repetitive requests
Submitted evidence was ignored or “lost”
Allianz’s unfounded claims were accepted without challenge
I submitted:
Pre-loss images
Independent repair reports
Engineer assessments
Communications and warranties
Multiple quotes from specialist repairers
Still, AFCA began echoing Allianz’s claims — including fabricated allegations that the damage was “pre-existing.” I have escalated the matter to the Queensland Magistrates Court, AFCA closed my case without resolution, explanation, or support — despite advising previously that court escalation was a valid next step.
There was no accountability. Just silence and a vague letter.
⚖️ Barriers to Legal Recourse for Consumers
When AFCA stepped away, I had no choice but to self-represent in the Queensland Magistrates Court (Beenleigh Case No: M77538/24). I complied with all procedural requirements. Still, my case was dismissed as “premature” — a legal concept never explained in any available self-help resources for unrepresented parties.
I was also hit with cost penalties, worsening my financial position.
I reached out to over 20 ‘Civil Law’ law firms and all legal aid groups:
Caxton Legal Centre
Queensland Law Society
Community Legal Centres
Court Network
TASC
Pro Bono Centre of Queensland
None could assist. My case, like so many others, fell through the cracks of a system designed to protect corporations — not consumers.
🧠 AFCA: The Illusion of Justice
I believe AFCA is compromised by its financial dependence on the very institutions it claims to regulate — insurers, banks, and large financial players.
In my case, AFCA:
· Failed to ensure procedural continuity
· Ignored or dismissed critical evidence
· Failed to assign consistent or competent case management over a 12-month period
· Repeatedly asked for documents that had already been submitted
· Ignored or failed to weigh credible, third-party expert reports
· Echoed unsubstantiated insurer claims without due scrutiny
· Abandoned the complaint upon court escalation without explanation or closure
There is no public data showing how many cases AFCA resolves in favour of consumers vs financial institutions. No transparency about early closures or performance outcomes. For many, AFCA is not a shield — it is a smokescreen.
🛠️ What I Am Asking For
I am not seeking financial compensation from AFCA. I am asking for:
✅ A formal review of my case✅ A written explanation for the unexplained closure or Re open the case, provide a determination and substantiate that determination.✅ Policy reform to stop premature complaint abandonment and bias determinations.✅ Structural improvements to case handling, continuity, and transparency.
I am willing to provide:
Full documentation
AFCA correspondence
Timeline logs
Expert reports
Court papers
💬 Final Words
This isn’t just my story. It could be anyone’s.We need systems that protect people — not punish them.We need institutions that act with transparency, fairness, and integrity.
To those watching and reading: Speak up. Share your story. Demand better.
Thank you for taking the time to hear mine.
If my perspective resonates with you or you have a story to share, I’d love to hear from you. Visit my YouTube channel @Life In The Hard Lane or reach out via the contact page.
Erika B Armstrong
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