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ldcroberts
29th April 2014, 13:11
ok, after accepting the claim they then said I could talk further about consequential losses which aren't covered under their policy (which are things like the loss of income)

they have offered this fairly useful looking statement that outlines that I could still get a ruling on it if I wanted


Unfortunately those consequential losses are not covered by the policy; that being said, if a Court Ruled our insured was legally liable for these losses and awarded a specific amount (not fines) then the policy would respond.
... it depends on what the courts award costs as to whether we pay or not.

There is no cover at all for exemplary damages or fines.

Mike.Gayner
29th April 2014, 14:00
You should definitely write a letter outlining the costs incurred, just don't be silly about it. What their policy covers has little to do with their liability to you - you ought to be able to claim reasonable consequential losses without going to court. Don't be silly about it though, the key word is REASONABLE losses which are DIRECTLY related to the accident. Loss of income will be very limited - not liking the bus schedule doesn't count.

discotex
29th April 2014, 14:04
Ahh right it's not lack of work due to an injury that you were talking about claiming - more the inconvenience of loss of use of your vehicle. I'd misread that.

Wonder if time saved by illegal lane splitting counts ;)

Had you hired a similar bike you could have probably added that to your loss. However this would probably only be awarded if you could prove the settlement and timeliness of the other party was found to be unreasonable, and the delay wasn't of your making.

skippa1
29th April 2014, 19:47
I'm still not sure I get where you are coming from.

Driving happily along on way to work when oncoming car suddenly swerves in your path, bang. Miss out on the job you were going to (someone else has to do it instead as it couldn't be delayed), busing takes an extra 1.5 hours, so you have to account for that to be back as you can't leave kids alone, etc.

I think you are ignoring reality if you think your insurance company is going to swoop in with a helicopter to the accident site, take you to where you were going so you wouldn't be late, drop off an exact replacement of your bike or better for you to use to get home, and you live happily ever after in your little fairy tale world.
I am no way claiming my insurance company will do anything of the sort.

i am saying in my opinion your grasp on reality is like a floppy handshake.....you may feel entitled, but no one wins in these things.

but you claim what you can, and if you get it paid good on ya.......

Ribit
6th May 2014, 14:07
http://www.trademe.co.nz/motors/motorbikes/motorbikes/sports/auction-725178291.htm

there you go, you can replace your bike for less now
$9395 +orc

ldcroberts
31st July 2014, 09:37
http://www.trademe.co.nz/motors/motorbikes/motorbikes/sports/auction-725178291.htm

there you go, you can replace your bike for less now
$9395 +orc

Cheers - all sorted now, I made a successful cash offer on a second hand bike, got a better bike plus money to spare after the payout etc. Plus found a more reasonable insurance provider (Kiwibike) so sorted full cover too. All's well that ends well.