Insurance trouble

[s3r1ous]

Hey guys

I am having serious issues with my insurance company State.
My bike was damaged a couple of weeks ago by another bike falling into it while parked. Another biker saw it and put a note on my bike with his contact number and the registration of the other bike. Not the first time this happened in windy Wellington and at this bike parking spot. Happened twice to my colleague in the last 6 months! So I thought shit happens, left a note on the other bike asking them to contact me. A couple of days later I still did not hear from the other party and decided to call my insurance company. I did not expect it to be a big deal since I have the registration of the other bike and a witness but WRONG!
To make a long story short: The other party is declining any responsibility and I am stuck with the access fee because my insurance company tells me that I cannot proof that it is the fault of the other person! Problem is that my witness did not see the bike falling, they only saw it already leaned over and without a witness seeing it actually happen it could have been another rider, car or kid pushing the other bike into mine says State. So I am seriously pissed off!

Any ideas how to get my insurance company to do their damn job?!

[Max Preload]

The fucking word is EXCESS.

[neels]

Did you take a pic to show your bike under their bike as proof it fell on yours, and get your witness to verify the photo?

Otherwise you're probably fucked.

[michael e]

tell them to get fuked and change to vero,they were awsome to deal with in my case,but hey that dont help your cause:shutup:

[s3r1ous]

Yes it is. Thanks for pointing out the typo. Anything to add that actually is helpful?

[s3r1ous]

Thanks Neels

No, I do not have a picture. Someone already moved the other bike back when I came around. My witness talked to my insurance company but since he did "only" see the result and not the actual accident they are still trying to argue that it could have been cause by a third party. Highly unlikely but impossible for me to prove them wrong.

[s3r1ous]

yes michael e. if they are not going to help me I'll change to another company!
Were you in a similar situation and how did vero react?

[neels]

No, I do not have a picture. Someone already moved the other bike back when I came around. My witness talked to my insurance company but since he did "only" see the result and not the actual accident they are still trying to argue that it could have been cause by a third party. Highly unlikely but impossible for me to prove them wrong.
That sux then, unfortunately you're in the same boat as getting back to your car in a car park and finding some bastard has hit it and not left a note.

I should also admit I have a long standing hatred of state insurance, before saying they're difficult to deal with. A workmate of mine watched his bike get backed into, and they still argued for ages about repairing the damage to it.

[sinned]

Yes Excess is the word. You pay that unless someone else is at fault which usually means they admit fault. This has nothing to do with State who I have found good at fixing my problems: 2 big house claims and 3 car damage claims where the other party was at fault.
However I don't insure my bike with State.

[patarch]

your up shit creek without a paddle if you can't get him to admit it mate.
insurance will make you pay the excess unless they can get someone else to pay it

One option for you would be take it to the small claims court and have him found legally liable but as you said evidence may not be on your side there.

how much are they stinging you for the excess?

[scracha]

That sux then, unfortunately you're in the same boat as getting back to your car in a car park and finding some bastard has hit it and not left a note.

I should also admit I have a long standing hatred of state insurance, before saying they're difficult to deal with. A workmate of mine watched his bike get backed into, and they still argued for ages about repairing the damage to it.

Ok, so if I rammed my car into your car, looked around and found nobody saw it....i'd be able to jump out the car and fuck off. I could then claim that somebody else must have taken the handbrake off or pushed my car into yours. Bullshit. Oh...and you didn't get a photo cos somebody else cleaned up the mess...that's got nothing to do with it.

You've got an independent witness to verify the other bike was on top of yours. Whether somebody else pushed their bike into yours, whether the wind blew it, whether the tar seal melted or or whether it just fell over due to poor parking etc is a mute point. It's STILL THEIR problem*. Their bike directly caused the damage to your bike. If your insurance company won't help out then send a letter directly to the 3rd party seeking damages. They should then contact their insurance company (if they have one) and no doubt you'll hear back from them one way or another. Contact your own insurance company to see whether you have legal expenses cover too. If you get no joy then it's small claims time if the amount is under 14? K



*they can take it up with whoever pushed their bike over into yours.

[DrunkenMistake]

I am having serious issues with my insurance company State.


I think I see your problem.

[jafar]

[/SIZE]

I think I see your problem.

30 odd years ago STATE had a reputation as being a pack of shitbags & shysters.:shutup:
To be fair though.....
Assuming that it was the wind that knocked the other bike into the TA's bike then the owner of the other bike would have fair grounds to say that he wasn't there & the bike was parked legally & he is not @ fault. Good luck getting anything out of him. This is one of those cases where you just have to suck it up.:yes:

The same would be true if you had your car smacked by a supermarket trolley in the carpark. Unless you actually SEE the person who did it, or can get someone to admit to being careless with the trolley you get to pay the excess on that one too. :violin:

[sinned]

Hey guys

I am having serious issues with my insurance company State.
My bike was damaged a couple of weeks ago by another bike falling into it while parked.

Any ideas how to get my insurance company to do their damn job?!

This is not a serious issue and the insurance company does seem to be doing their job. You have an agreement that the company will pay out in a loss situation, less the agreed amount of excess. It seems State will honour this agreement and are doing their job.

When taking out insurance it is up to you to ascertain what is covered and if the policy meets your requirements. You may have been able to pay more and have a lower excess.

[Owl]

You've got an independent witness to verify the other bike was on top of yours. Whether somebody else pushed their bike into yours, whether the wind blew it, whether the tar seal melted or or whether it just fell over due to poor parking etc is a mute point. It's STILL THEIR problem*. Their bike directly caused the damage to your bike.

Actually, not true!

There is no proof of negligence.

For example, the bike could've been placed there due to a tornado (could happen):whistle:. If it was a piece of Placemakers roof lying on the bike, would you hold Placemakers liable?

[tigertim20]

Hey guys

I am having serious issues with my insurance company State.
My bike was damaged a couple of weeks ago by another bike falling into it while parked. Another biker saw it and put a note on my bike with his contact number and the registration of the other bike. Not the first time this happened in windy Wellington and at this bike parking spot. Happened twice to my colleague in the last 6 months! So I thought shit happens, left a note on the other bike asking them to contact me. A couple of days later I still did not hear from the other party and decided to call my insurance company. I did not expect it to be a big deal since I have the registration of the other bike and a witness but WRONG!
To make a long story short: The other party is declining any responsibility and I am stuck with the access fee because my insurance company tells me that I cannot proof that it is the fault of the other person! Problem is that my witness did not see the bike falling, they only saw it already leaned over and without a witness seeing it actually happen it could have been another rider, car or kid pushing the other bike into mine says State. So I am seriously pissed off!

Any ideas how to get my insurance company to do their damn job?!

I havent read the other replies...

however, Id be telling them to fix my fucking bike, or else id be changing companies.
My last dealing with state was after someone ese hit me head on their fault) and wrote my bike off. State tried to fck me over again and again, and after finally making a resolution, I went in to get my cheque at the agreed time, and they said 'oh, well theres been some more information..' I picked up the glass bowl filled with lolles at the front desk, and threw it full force at the wall, glass showered everywhere and screamed get me my fucking check you fucking cunt peice of fucking shit.
guess what?
the cheque was sitting there, at the front desk, in an envelope. they gave it to me straight away.
They were just trying to fuck me over.

Dont take shit from insurance companies.

[DrunkenMistake]

I dont think you have read it right,

His insurance company WILL FIX but he must pay the excess, which is fair enough, the only party you could hold responsible would be mother nature, and If you seen what she done to Auckland, I wouldnt wanna be fucking with her.

Your gonna have to cough up for your own damages man, can I ask what was damaged and how much is your excess? Mine is $500 due to me been under 25, so $250 otherwise, I dont think there is anything minor on my bike that is worth $250+ for me to claim insurance on, maybe a scuffed Can.

[Icemaestro]

Your gonna have to cough up for your own damages man, can I ask what was damaged and how much is your excess? Mine is $500 due to me been under 25, so $250 otherwise, I dont think there is anything minor on my bike that is worth $250+ for me to claim insurance on, maybe a scuffed Can.

Just out of interest, which insurance company are you with DM? I'm with Kiwibike/protecta and the excess is 750, premium 560/year (and that was the best deal!).

[DrunkenMistake]

im paying $11.25 a week for two bikes, one im legally aloud to ride the other im not but its still covered full insurance, both bikes are $500 excess, $250 for cover then $250 if under 25, im with Aon, they are like a broker, so according to my paper work, im 20% insured by vero, 30% someone else and 40% someone else, its what makes it cheaper, so im still insured but its like a shared group of insurers

[MSTRS]

Tricky situation. For both you, and the Ins Co.
1. You, because despite the damage to your bike from another's, you cannot prove negligence on the other owner's part. The vehicle/s may carry the cover, but it is the owner's actions that determine who pays.
2. State or any Ins Co, because they can't pin the other party for negligence, but a bike being blown over into yours may not quite meet the Act of God criteria where they would deny all liability for cover.

[Icemaestro]

im paying $11.25 a week for two bikes, one im legally aloud to ride the other im not but its still covered full insurance, both bikes are $500 excess, $250 for cover then $250 if under 25, im with Aon, they are like a broker, so according to my paper work, im 20% insured by vero, 30% someone else and 40% someone else, its what makes it cheaper, so im still insured but its like a shared group of insurers

Tried it..they don't do this anymore, said they weren't making money doing it:-P Damnit!

[DrunkenMistake]

Well thats rubbish because I just took the policy out on my 400 and my 250 was under mum and dads policy and I took my own out on it as well as the 400, in saying that I was chin wagging with mum and what I neglected to say was my nana was a receptionist for pgg wrightson for something like 30 or 40 years so we get a discount as pgg wrightson owns Aon, apparently it covers my parents and myself

[Matt_TG]

The excess is the uninsured part of any loss / claim. That's how it works. IF you can prove third party fault then they can and will chase your cost (the excess) and their cost, in that order.

The problem here is proving third party fault / negligence. Put it this way - if it was your bike that you parked securely and a gust of wind blew it over (and you would have to pay an excess to fix your damage or you had no real damage) - would you feel liable for any damage your bike caused? Different story if you were in control of it but here it would not be your doing.

Mention earlier of an "Act of God" - red herring. Billy Connolly popularised it but in reality it's not an exclusion - otherwise no one in CHCH would be paid (mind you ....).

Your claim is accepted for damage - all well and good, but you agreed to meet the first part of the costs and I'm afraid you're stuck with it. I wouldn't expect any insurer would treat things differently to be honest.

Sucks but then that's the risk of owning a bike (which I currently don't :( )

[Motig]

So how much are the repairs going to cost ? Is it worth the hassle ? The insurance company is prepared to payout as per your policy so they arn't actually ripping you off. About the only thing you could do is perhaps go the other biker in the small claims court but I wouldn't like your chances of succeeding.

[scracha]

The problem here is proving third party fault / negligence. Put it this way - if it was your bike that you parked securely and a gust of wind blew it over (and you would have to pay an excess to fix your damage or you had no real damage) - would you feel liable for any damage your bike caused? Different story if you were in control of it but here it would not be your doing.


Yes, I would feel liable. Where do you draw the line? What if he had a shitty sidestand or parked facing down a slope making it very susceptible to wind. By your logic, if some twit parks on tar seal next to mine, then the sun comes out, the tar seal melts, his sidestand sinks and his bike falls over into mine, then he wouldn't be at all negligent?

We are responsible for how and where we park our vehicles and the condition of our vehicles in relation to how it makes them safe to park. I wouldn't park my manual hilux surf on a hill out of gear, leave the handbrake in a borderline "just on" position and then have the cheek to blame it on a gust of wind if it rolled down the hill into a bike/car/person/house.