Insurance claim denied

deesun · 21-02-2015, 05:24 PM

I had an unusual accident when my scooter and my car met in my driveway. Scooter is comprehensivly insured and is being repaired. When I made claim on bike I asked about the car and they said claim through cars insurance and then insuros fight it out. Then I found out through my own fault the car is uninsured, my mixup. As the scooter is comp insured I went back to them but they say I can't sue myself, apparently against the law, so now I have a 3-4k bill. I know there is some ppl who work in insurance on the forums so if they can send some advice my way that would be great or if there is somewhere else to go that too. Sounds like typical insurance trying to get out of a claim but if they are quoting a law then that could get them into trouble if it's not true. I won't be naming ins co yet because that is irrelevent atm. Thanks all.

noddy383 · 21-02-2015, 05:49 PM

I don't work in insurance, but I would have thought that if you're driving/ riding a comprehensively insured vehicle, then your insurer will pay for damage done to property (be it yours or someone else's). e.g. if you drive your car into your own garage door.
I assumed that if they thought you were pulling something shifty, they'd investigate (I've been there - They eventually paid) and decide if you were attempting to defraud them.

devilcv8 · 21-02-2015, 07:41 PM

There's usually a disclaimer in your pds where both vehicles in an accident are owned by you. Have a read of your pds and you'll find you are most likely not covered by your scooter insurance for your car.

uniacidz · 21-02-2015, 07:57 PM

Car isnt insured as the company is right, you cant sue yourself

If scooter is already being repaired then assuming that the cause of damage is been accepted and claim lodged and processed etc.

Sorry bud, car is uninsured and might have to bite the bullet cos of the mistake to check ya car insurance.

Seeing as you didnt post up what happened, assuming scooter ran into the car?

NOTE: Based on limited information presented and what smashed into what

Stefan · 21-02-2015, 08:09 PM

Uppercut to yourself....lucky you didn't write off a c63 with your car.

fighting an insurance company does not sound like fun..good luck.

Hope it ends well for ya

deesun · 21-02-2015, 08:25 PM

Quote:

Originally Posted by Stefan

Uppercut to yourself....lucky you didn't write off a c63 with your car.

fighting an insurance company does not sound like fun..good luck.

Hope it ends well for ya

I consider myself severely uppercutted, lol. For years and years I have drummed into the kids to insure and I have too before even leaving a sellers premises but it was only my fault, mixed up renewal letter with one from same company and tossed it, DOH. My wife has since had an at fault accident in her car, yes ins paid up, and had that been in my car we would be in deep doo doo.

Heres what happened with the scoot- Readying to ride out of garage I noticed a headlight warning light, asked Mrs to check front and she said all good but hard to tell. I decided to look myself and got off scoot whilst it was running, BIG mistake. As I went to put it onto rear stand Mrs Always Helpful went to right side and tried to help, did I mention she got her licence too? Well she grabbed twist grip as I was pulling on my side pushing on the stand and she pulled and twisted at the same time. The rear wheel wasn't off the ground and off it took. Between her BMW and MY XR6T. Are you cringing yet? It was a short trip for the scoot about 20', 5' to the front guard of said XR6T, another 3 to the front door, 3 more to the rear door and yet another 3 to the rear guard and bumper corner before it no longer had anything else to hit/lean on so it fell over. It took us both for the ride but I only made it to front guard where I let go post haste. It hadn't dawned on her as to why the scoot took off, did I mention she got her licence too, so she was still hanging on for grim death until it all stopped, in a heap, on the ground. I picked her up made sure she was OK, sighed at the damage, insurance will fix. Back in the garage with the scoot we checked the damage and she said "you must have twisted the accelerator". I was not looking forward to pointing out SHE was on that side. I will of course try not to remind her of that day too many times, a week.

sico · 21-02-2015, 10:03 PM

Quote:

Originally Posted by deesun

I consider myself severely uppercutted, lol. For years and years I have drummed into the kids to insure and I have too before even leaving a sellers premises but it was only my fault, mixed up renewal letter with one from same company and tossed it, DOH. My wife has since had an at fault accident in her car, yes ins paid up, and had that been in my car we would be in deep doo doo.

Heres what happened with the scoot- Readying to ride out of garage I noticed a headlight warning light, asked Mrs to check front and she said all good but hard to tell. I decided to look myself and got off scoot whilst it was running, BIG mistake. As I went to put it onto rear stand Mrs Always Helpful went to right side and tried to help, did I mention she got her licence too? Well she grabbed twist grip as I was pulling on my side pushing on the stand and she pulled and twisted at the same time. The rear wheel wasn't off the ground and off it took. Between her BMW and MY XR6T. Are you cringing yet? It was a short trip for the scoot about 20', 5' to the front guard of said XR6T, another 3 to the front door, 3 more to the rear door and yet another 3 to the rear guard and bumper corner before it no longer had anything else to hit/lean on so it fell over. It took us both for the ride but I only made it to front guard where I let go post haste. It hadn't dawned on her as to why the scoot took off, did I mention she got her licence too, so she was still hanging on for grim death until it all stopped, in a heap, on the ground. I picked her up made sure she was OK, sighed at the damage, insurance will fix. Back in the garage with the scoot we checked the damage and she said "you must have twisted the accelerator". I was not looking forward to pointing out SHE was on that side. I will of course try not to remind her of that day too many times, a week.

Omg, definitely cringed reading that.

**Charliewool** · 21-02-2015, 10:11 PM

Sounds like that shoulda been an AAMI ad!.. (Maybe not, if they ain't coming to the party!)
Raises some scenarios on bingles too.. And not suing yourself?
Eg: I decide to give my project car a wash outside (still registered to me but uninsured as it's a project and has no driveline).. Anyhow I roll it out the garage and it gets away from me, smack bam into my Fully insured XR6t..
Both cars damaged.. Does insurance cough up?

uniacidz · 21-02-2015, 10:33 PM

So happened before chrissy.

http://www.fordforums.com.au/showpos...0&postcount=37

Thought i saw the same text before.

Anyway
Think devilcv8 is onto it and being on your property and your vehicles and each vehicle/asset would have to be covered under its own insurance

deesun · 21-02-2015, 11:38 PM

Quote:

Originally Posted by uniacidz

So happened before chrissy.

http://www.fordforums.com.au/showpos...0&postcount=37

Thought i saw the same text before.

Anyway
Think devilcv8 is onto it and being on your property and your vehicles and each vehicle/asset would have to be covered under its own insurance

No we only got licenses a week before Xmas, accident happened about 21st Jan. And yes I cut and paste from other post, lazy or is that efficient? lol

deesun · 21-02-2015, 11:45 PM

Quote:

Originally Posted by Charliewool

Sounds like that shoulda been an AAMI ad!.. (Maybe not, if they ain't coming to the party!)
Raises some scenarios on bingles too.. And not suing yourself?
Eg: I decide to give my project car a wash outside (still registered to me but uninsured as it's a project and has no driveline).. Anyhow I roll it out the garage and it gets away from me, smack bam into my Fully insured XR6t..
Both cars damaged.. Does insurance cough up?

Interesting indeed, to that I would say your project car won't be covered but the T will be. Some ppl insure their project cars though dont they.

uniacidz · 22-02-2015, 12:27 AM

Yeh thought was going nuts when i saw it in here.

Anyways, good luck man.

JAJH · 22-02-2015, 03:03 AM

I work in insurance and the main thing going against you here is what's called Subrogation. It's the right for an insurer to pursue a third party that caused an insurance loss to the insured. This is done as a means of recovering the amount of the claim paid to the insured for the loss. So, you can't claim against yourself and you can't recover costs against yourself

JAJH · 22-02-2015, 03:09 AM

Quote:

Originally Posted by Charliewool

Sounds like that shoulda been an AAMI ad!.. (Maybe not, if they ain't coming to the party!)
Raises some scenarios on bingles too.. And not suing yourself?
Eg: I decide to give my project car a wash outside (still registered to me but uninsured as it's a project and has no driveline).. Anyhow I roll it out the garage and it gets away from me, smack bam into my Fully insured XR6t..
Both cars damaged.. Does insurance cough up?

That's one's a bit tricky but you might have claim only on the insured car as the project car is deemed as an uninsured third party. However, it would probably be referred to Investigations under Subrogation rules.

Stefan · 22-02-2015, 08:01 AM

Quote:

Originally Posted by deesun

I consider myself severely uppercutted, lol. For years and years I have drummed into the kids to insure and I have too before even leaving a sellers premises but it was only my fault, mixed up renewal letter with one from same company and tossed it, DOH. My wife has since had an at fault accident in her car, yes ins paid up, and had that been in my car we would be in deep doo doo.

Heres what happened with the scoot- Readying to ride out of garage I noticed a headlight warning light, asked Mrs to check front and she said all good but hard to tell. I decided to look myself and got off scoot whilst it was running, BIG mistake. As I went to put it onto rear stand Mrs Always Helpful went to right side and tried to help, did I mention she got her licence too? Well she grabbed twist grip as I was pulling on my side pushing on the stand and she pulled and twisted at the same time. The rear wheel wasn't off the ground and off it took. Between her BMW and MY XR6T. Are you cringing yet? It was a short trip for the scoot about 20', 5' to the front guard of said XR6T, another 3 to the front door, 3 more to the rear door and yet another 3 to the rear guard and bumper corner before it no longer had anything else to hit/lean on so it fell over. It took us both for the ride but I only made it to front guard where I let go post haste. It hadn't dawned on her as to why the scoot took off, did I mention she got her licence too, so she was still hanging on for grim death until it all stopped, in a heap, on the ground. I picked her up made sure she was OK, sighed at the damage, insurance will fix. Back in the garage with the scoot we checked the damage and she said "you must have twisted the accelerator". I was not looking forward to pointing out SHE was on that side. I will of course try not to remind her of that day too many times, a week.

Sell this as a script to an insurance company for their next ad campaign

I can imagine you watching this unfold in slow motion.

XBROO · 22-02-2015, 09:10 AM

Quote:

Originally Posted by deesun

I consider myself severely uppercutted, lol. For years and years I have drummed into the kids to insure and I have too before even leaving a sellers premises but it was only my fault, mixed up renewal letter with one from same company and tossed it, DOH. My wife has since had an at fault accident in her car, yes ins paid up, and had that been in my car we would be in deep doo doo.

Heres what happened with the scoot- Readying to ride out of garage I noticed a headlight warning light, asked Mrs to check front and she said all good but hard to tell. I decided to look myself and got off scoot whilst it was running, BIG mistake. As I went to put it onto rear stand Mrs Always Helpful went to right side and tried to help, did I mention she got her licence too? Well she grabbed twist grip as I was pulling on my side pushing on the stand and she pulled and twisted at the same time. The rear wheel wasn't off the ground and off it took. Between her BMW and MY XR6T. Are you cringing yet? It was a short trip for the scoot about 20', 5' to the front guard of said XR6T, another 3 to the front door, 3 more to the rear door and yet another 3 to the rear guard and bumper corner before it no longer had anything else to hit/lean on so it fell over. It took us both for the ride but I only made it to front guard where I let go post haste. It hadn't dawned on her as to why the scoot took off, did I mention she got her licence too, so she was still hanging on for grim death until it all stopped, in a heap, on the ground. I picked her up made sure she was OK, sighed at the damage, insurance will fix. Back in the garage with the scoot we checked the damage and she said "you must have twisted the accelerator". I was not looking forward to pointing out SHE was on that side. I will of course try not to remind her of that day too many times, a week.

Sorry mate but it sound like a captain risky ad, so we have missus risky now?

No idea about the insurance side of things, but it dose sound like you have to fix the XR6 yourself.

mik · 22-02-2015, 10:51 AM

If you have your house insured would it be possible to make a claim on the non covered vehicle , after all it is in your driveway ?

JAJH · 22-02-2015, 11:21 AM

Quote:

Originally Posted by mik

If you have your house insured would it be possible to make a claim on the non covered vehicle , after all it is in your driveway ?

It's a motor Claim not house or contents

LyleXR8 · 22-02-2015, 11:55 AM

My boss parked his xr8 outside his shed and left the hand brake off, He then reversed his truck out of the shed the exact moment it rolled behind and got written off, both got fixed by insurance, must depend on the policy

chopstar87 · 22-02-2015, 12:24 PM

It comes down to the insurance policy...

saying that a lot of policies will state that you are not covered for loss or damaged caused by your vehicle to property that belongs to "you" .... so addition this this would need to check the wording of "you / Your" as it can mean a lot more people then you think.

deesun · 22-02-2015, 07:37 PM

Quote:

Originally Posted by JAJH

I work in insurance and the main thing going against you here is what's called Subrogation. It's the right for an insurer to pursue a third party that caused an insurance loss to the insured. This is done as a means of recovering the amount of the claim paid to the insured for the loss. So, you can't claim against yourself and you can't recover costs against yourself

Yes this is the word he used.

Buttnekid · 23-02-2015, 05:29 PM

but in this instance, the owner of the un-insured vehicle was not negligent in anyway. Their vehicle was parked legally and unattended. The sole at fault tort feaser was the scooter owner so subrogation is irrelevant irrespective of who that car owner was.

I would read the PDS of your policy - if there is no exclusion for damage to other property owned by you, I would appeal the decision immediately.

Look at it this way, if you drove your car into your garage, your car insurance would need to respond to cover both your car and your home because you, as the home owner under that policy was not negligent.

golly · 23-02-2015, 06:12 PM

jan 2014 i left the handbrake slightly on but not enough on my wildtrak at the top of the driveway got out to hook the bin on the towball and it rolled down drive and smashed into my house
comp ins for car paid up 14k to fix wildtrak but wouldnt fix house
had to claim on home building ins to fix house

jan 2015 neighbours tree falls across fence and onto my garage
call insurance and get told whatever is lying on my property is my responsibilty to remove and claim on my insurance even if its their tree

i now know my insurance policy cover
read your PDS

Buttnekid · 23-02-2015, 07:04 PM

the bit about the tree is completely wrong, you would claim on the public liability section of your neighbour's home and contents insurance (assuming they are insured).

The tree is/was considered their property when it eminated from their property onto yours. Plenty of cases on this point.

JustBlown · 23-02-2015, 07:48 PM

Quote:

Originally Posted by deesun

I consider myself severely uppercutted, lol. For years and years I have drummed into the kids to insure and I have too before even leaving a sellers premises but it was only my fault, mixed up renewal letter with one from same company and tossed it, DOH. My wife has since had an at fault accident in her car, yes ins paid up, and had that been in my car we would be in deep doo doo.

Heres what happened with the scoot- Readying to ride out of garage I noticed a headlight warning light, asked Mrs to check front and she said all good but hard to tell. I decided to look myself and got off scoot whilst it was running, BIG mistake. As I went to put it onto rear stand Mrs Always Helpful went to right side and tried to help, did I mention she got her licence too? Well she grabbed twist grip as I was pulling on my side pushing on the stand and she pulled and twisted at the same time. The rear wheel wasn't off the ground and off it took. Between her BMW and MY XR6T. Are you cringing yet? It was a short trip for the scoot about 20', 5' to the front guard of said XR6T, another 3 to the front door, 3 more to the rear door and yet another 3 to the rear guard and bumper corner before it no longer had anything else to hit/lean on so it fell over. It took us both for the ride but I only made it to front guard where I let go post haste. It hadn't dawned on her as to why the scoot took off, did I mention she got her licence too, so she was still hanging on for grim death until it all stopped, in a heap, on the ground. I picked her up made sure she was OK, sighed at the damage, insurance will fix. Back in the garage with the scoot we checked the damage and she said "you must have twisted the accelerator". I was not looking forward to pointing out SHE was on that side. I will of course try not to remind her of that day too many times, a week.

Oh,old mate deesun,what a ripper story,and yep,you had the guts to tell it ! Would have made a great youtube vid.
But you have my full sympathies,no lie..

devilcv8 · 23-02-2015, 07:55 PM

Quote:

Originally Posted by Buttnekid

but in this instance, the owner of the un-insured vehicle was not negligent in anyway. Their vehicle was parked legally and unattended. The sole at fault tort feaser was the scooter owner so subrogation is irrelevant irrespective of who that car owner was.

I would read the PDS of your policy - if there is no exclusion for damage to other property owned by you, I would appeal the decision immediately.

Look at it this way, if you drove your car into your garage, your car insurance would need to respond to cover both your car and your home because you, as the home owner under that policy was not negligent.

The exclusion about damage to other property owned by you is a pretty standard item in the pds.
As for your last statement, nope, you would have to claim on both the car and the home insurance.

devilcv8 · 23-02-2015, 07:59 PM

Quote:

Originally Posted by Buttnekid

the bit about the tree is completely wrong, you would claim on the public liability section of your neighbour's home and contents insurance (assuming they are insured).

The tree is/was considered their property when it eminated from their property onto yours. Plenty of cases on this point.

You may be getting confused about trimming branches that are overhanging your property. In that case you cut the branch where it crosses the boundary, but you must return the branch to the neighbour.
If a tree falls in a storm from the neighbours property and the tree was in good order and not something you had previously identified at risk, and it damages your property, your only claim is on your insurance, not the neighbour as it wasn't the neighbour' negligence that caused the tree to fall.

**Charliewool** · 23-02-2015, 08:28 PM

My head hurts!.... Bloody Insurance companies..

devilcv8 · 23-02-2015, 10:46 PM

Quote:

Originally Posted by Charliewool

My head hurts!.... Bloody Insurance companies..

Yep. It pays to read and understand the pds and your rights.
I won a disagreement with my insurer over whether or not a fuel pump/ sender unit on a VE SS ute was fair wear and tear or a result of the collision. I argued collision and pointed out that there was no problem until the collision, the assessor argued that a car with over 200,000 km it was reasonable to argue fw&t.
After that part of the claim was denied I followed the process and appealed internally pointing out the facts as I knew them, the driver's statement that would be available as a stat dec and ended with, I will escalate to the ombudsman.

They agreed and paid out. Mechanic then agreed once he had the faulty unit in hand that the collision caused the damage.