Update on BMW's Insurance Claim

[Bloody Mad Woman (BMW)]

DON'T USE SWANN INSURANCE

Date of Accident: 27 August 2006
2003 Suzuki Bandit 1200CC Insured for $9,209
18 September 2006 bike written off

Friday 13 October - sent a detailed list of my contact with them - which basically portrayed their slackness - this was sent to the guy's manager with the threat of legal action.

Got response late yesterday afternoon. NOT HAPPY. To cut a long story short I think my reply says it all.

"Your letter of 16 October 2006 refers.

I am shocked to receive your advice of the decision voiding the cover under my motorcycle policy on the grounds of non disclosure of speeding offences.

I find this completely contradictory in view of the information set out in the policy documentation, under the heading "Duty of Disclosure: what we must be told." This includes the statement "You do not need to tell us about any speeding offences unless it results in a loss of, or change to the terms of, that person's driver's licence;" (copy attached).

This is a clear indication that speeding offences of the kind described are not regarded as material to fixing the premium or the terms of the policy and consequently should not give rise to the avoidance of the policy or declining a claim.

I ask that the decision as notified be reviewed urgently in the light of the above statement from your own documentation.

Please also forward a copy of the Complaint Service Information sheet which was not enclosed with your letter.

I look forward to your prompt reply."

God save me from dealing with idiots. I passed it by one of the lawyers at work. So now we have to wait on the underwriters to reply again - christ it took them a month of sundays last time. They have 5 days in which to answer then all hell breaks loose.

Last nite I was an absolute stunned mullet. Had to hibernate.
I am not happy = which is a gross understatement!

[Macktheknife]

Give 'em hell BMW, don't let up.
Try writing to the ombudsman too that always gets people a bit more eager to answer you.

[slimjim]

:zzzz: yup they do love to :dodge: the pay out, but boy they love it even more when it's you turn to give to them,:Punk: rock on and hold tight til the lady finish's singing:sunny:

[Paul in NZ]

That is a bloody shocker.... un freakin believeable.....

[mstriumph]

from what you say, they are in the wrong

once your reply gets booted up the food chain to someone that has developed rudimentary thinking/reasoning skills, things should go better for you, hopefully ....

or mebbe they are attempting the bullying, steamroller thing .... in the hopes that YOU haven't developed rudimentary thinking/reasoning skills? [well - it obviously works for them sometimes or they wouldn't try it]

no matter - right will triumph if you stick to your guns

[James Deuce]

Fuckers. Last time I speak politely to anyone working at an Insurance Company.

[Ixion]

Is one reason why I don't bother with insurance. You pay them lots of money , little chance of them fulfilling their end of the deal. Anyone still keen on compulsary insurance?

[judecatmad]

Give 'em hell BMW, don't let up.
Try writing to the ombudsman too that always gets people a bit more eager to answer you.

The complaint has got to reach 'deadlock' before it can go to the ombudsman, but yes, that's most definitely the next thing to do. The company can't keep delaying the process - force them into it. Once you've asked them to take it to a deadlock situation, I think it's 5 days they have to either resolve the issue or declare deadlock. Then...ombudsman here we come!

And of course there's Fair Go....and Consumer if you're a member. They are always REALLY supportive. It's almost worth joining just to get them on board!

The insurance company's duty of disclosure statement clearly states that unless you lost your licence or got demerit points then speeding fines are of no concern - I'm assuming it's just speed camera fines you've had? If that is the case then they really don't have a leg to stand on.

Don't give up - get on the phone EVERY day and bug the hell out of them. The more you pester, the quicker they'll deal with it...LOL

Good luck with it all, let us know how it goes.

[MattRSK]

I am with Swann! :gob:

[judecatmad]

Is one reason why I don't bother with insurance. You pay them lots of money , little chance of them fulfilling their end of the deal. Anyone still keen on compulsary insurance?

Yup, without a doubt. Having just been forced to go through a disputes tribunal process due to being hit recently by an uninsured dickhead going too fast around a blind corner on an unsealed road, I am still totally in favour of compulsory 3rd party insurance.

Why should WE have to fight to have our excess returned and our no claims reinstated because WE had to claim on OUR insurance simply cos he was either too young and stupid or had a driving record too poor to mean insurance was not financially viable for him?? (we won by the way...yay!)

There are always insurance companies who will try to screw you over but if you've done everything the right way, declared what you need to declare (I always volunteer more than they ask just so that I know there's no technicalities they can get me on later) and you know what your rights are then no insurance company, regardless of the amount of dicking you around they do, will be able to wheedle out of a claim.

We have never ever had any issues with any claims we have made - house transit insurance, travel insurance, car insurance, health insurance....

And yes, I do work in insurance :D

But this is off topic - sorry for hijacking your thread BMW :( Good luck with it all :D Keep your chin up and keep the fighting spirit - don't let them gt away with it. If you've upheld your side of the contract, they must uphold theirs.

[yungatart]

Don't give up, girl. These toerags only exist because of their customers and they've had it their way for tooooo long.

[chanceyy]

& just remember as stated earlier .. by Jude

Fair go .. they love going after insurance companies ..

[Swoop]

Have them send their correspondence to you VIA your work address...

BMW,
C/o ABC Lawyers,
...
...

Might perk their heads up a bit?

[Lil_Byte]

Give them hell. As stated by some of our estemmed collegues above. They love to take your money but sure as hell don't like giving it back:rockon:

[RantyDave]

I'm with swann, and have picked up a speeding ticket, and have not told them. I will be checking my paperwork in the morning and, depending on your outcome, quite possibly ditching the cunts.

Correction, due to my drunken ramblings the more adult member of my household informs me that we did in fact tell them, and as if to prove a point has now dumped the paperwork on me. "Maxirider" policy, right? And those are, indeed, the exact words. However, it applies while the policy is in force ... did you get the tickets before applying for the policy?

The actual application form includes a space to fill out your tickets, so unless you didn't fill it in then they don't have a leg to stand on. Let me know how it goes, they could be getting the finger from me and we'll let my agents (TSS, bike shop in Welly) know that they've been behaving like cunts.

Good luck, girl.

Dave

[RantyDave]

I am still totally in favour of compulsory 3rd party insurance.

Why should WE have to fight to have our excess returned and our no claims reinstated because WE had to claim on OUR insurance simply cos he was either too young and stupid or had a driving record too poor to mean insurance was not financially viable for him??
Part of the lunacy is, of course, that if 3rd party insurance was compulsory then it would be cheaper.

In the UK you have to show a current insurance document to be able to pay your road tax. You pay your road tax to get a tax disk which has to be visible or you'll be ticketed or towed. There are people desperate enough to get around it, but it proves to be a big pain in the arse.

Dave

[judecatmad]

Part of the lunacy is, of course, that if 3rd party insurance was compulsory then it would be cheaper.

In the UK you have to show a current insurance document to be able to pay your road tax. You pay your road tax to get a tax disk which has to be visible or you'll be ticketed or towed. There are people desperate enough to get around it, but it proves to be a big pain in the arse.

Dave

AND it's an instant GBP3000 fine and 9 points on your licence if you're caught driving without insurance (12 points is loss of licence) - last time I was bothered about the road rules over there anyway (6 years ago).

Not that I'm saying NZ should be just like the UK...as discussed in the compulsory insurance thread! (which, I guess, is where this comment belongs...why oh why did you raise the compulsory insurance thing again Ixion?! You know I can't help myself! LOL)

[mstriumph]

Is one reason why I don't bother with insurance. You pay them lots of money , little chance of them fulfilling their end of the deal. Anyone still keen on compulsary insurance?

...... i've always been suspicious of life insurance salesmen ..... i mean, what TACTICS they must employ to sell a person something they'll NEVER be able to collect on?

[ManDownUnder]

Contact the Insurance Ombudsman or Insurance Council.

They're generally ok people but doesn't understand that non Insurance people see insurance as a tax - they see it as a service and value for money

[Jamezo]

Part of the lunacy is, of course, that if 3rd party insurance was compulsory then it would be cheaper.

Really? I haven't seen any evidence either way, but simple economics would tend to dictate that insurance costs would increase, as the insurance companies would only have to compete amongst themselves, rather than competing against the currently valid option of no insurance.

EDIT: 636th post, w0000000000000000000000000t!

[Paul in NZ]

The dudes in Aussie say CTP insurance has risen when made compulsary (CTP = Compulsary Third Party)

[Lias]

Not the first threat on KB about Swann being a pack of bloodsucking leeches. I'm entirely sure it wont be the last..

This is the same company that wanted to give me a $2300 excess on a $6000 bike, purely on the grounds of a 4.5 year old assault conviction.

[Beemer]

Didn't you say in your earlier thread that you had NOT advised them of the demerit points/offences you had incurred PRIOR to taking out the policy? You mention something about not having to tell them of offences unless they result in loss of licence, etc but I would imagine that is once you have an existing policy with them, not when you are asking them to take you on as a client in the first place.

If that is the case, and you applied for insurance with them without disclosing you already had numerous offences, then I don't think anyone is going to be able to help you. Failure to disclose offences that may affect the likelihood of them taking you on or which would make them charge a higher premium or excess would be perfectly legal grounds for them refusing to pay out any subsequent claims.

I think you will find this is true of any insurance company (except maybe that ebike one that guy is flogging) and you could end up losing even more money if you try fighting this.

[Bloody Mad Woman (BMW)]

I am with Swann! :gob:

Strongly suggest you change to another insurance co.

[Bloody Mad Woman (BMW)]

Didn't you say in your earlier thread that you had NOT advised them of the demerit points/offences you had incurred PRIOR to taking out the policy? You mention something about not having to tell them of offences unless they result in loss of licence, etc but I would imagine that is once you have an existing policy with them, not when you are asking them to take you on as a client in the first place.

If that is the case, and you applied for insurance with them without disclosing you already had numerous offences, then I don't think anyone is going to be able to help you. Failure to disclose offences that may affect the likelihood of them taking you on or which would make them charge a higher premium or excess would be perfectly legal grounds for them refusing to pay out any subsequent claims.

I think you will find this is true of any insurance company (except maybe that ebike one that guy is flogging) and you could end up losing even more money if you try fighting this.

When I first registered with the insurance company I had no fines whatsoever. And as it states clearly in black and white in the policy - they don't need to be notified unless I have lost my licence! I was very tempted to say to them can't ya fn read or understand ya own policies!

[LilSel]

Eeeeeeek....

I have a set of forms to fill out for insurance with Swann...
sounds like maybe I should not insure with them by the sounds of it....

what to do?? rip them up and get quote from another company?
any suggestions?

[Beemer]

When I first registered with the insurance company I had no fines whatsoever. And as it states clearly in black and white in the policy - they don't need to be notified unless I have lost my licence! I was very tempted to say to them can't ya fn read or understand ya own policies!

That's a really odd policy if they state you only need to advise them if the offences change your licence eligibility, most state you have to advise them of all offences when your policy comes up for renewal. If that is the wording in their policy then you would have a good case, but I do find it bizarre.

I'd certainly be keen to know the outcome as I am also insured with them. However the document I filled out included sections where you had to list any traffic offences in the last five years - I only signed up a few weeks ago so I'm still waiting for my policy documents but I'll be going through them with a fine toothed comb when they arrive!

[Bloody Mad Woman (BMW)]

My advice is dont go with Swann Insurance. They take ages to process a claim, don't return calls and then rip you off!

[Paul in NZ]

Not the first threat on KB about Swann being a pack of bloodsucking leeches. I'm entirely sure it wont be the last..

This is the same company that wanted to give me a $2300 excess on a $6000 bike, purely on the grounds of a 4.5 year old assault conviction.

Yeah well assaulting 4.5 year olds is pretty serious stuff mate.... :gob:

[crashe]

Im with Swan Insurance... and Im just about to sign on the dotted line as the form is being mailed to me tonight and I am getting a nice pay out on my bike for the damage done to it... So then I can get it all fixed back up again...

No they didnt write it off...

Accident happened 16th Feb 2006.
I did ring them and tell them about the harrassment I was getting from the other insurance company.
They have my ph call on record and they told me to wait until the police decide.
As soon as the police letter arrived I rung Swan...

In the forms I filled out disclosing my speeding ticket - which is debatable (2006) and my car vs car incident... (few years back but I owned my bike when this happened) no questions asked at all.

They have since paid out in full to the other company of damage done to the other vehicle as the police finally after 8 months decided I was at 'fault'.

I went in on the 5th Oct to drop off all the forms..... and I got the ph call this afternoon.
My bike was assessed on the 10th Oct

18th Oct all sorted.

[Grahameeboy]

Okay lets say no convictions at inception but along the way you picked up a few and did not disclose them at renewal.........I doubt the policy is any different to others so if you did not disclose then decision is not unreasonable although it depends on how much it would have affected their decision to renew and/or increase premiums or excess.
They would have to seek opinions of other Insurer's so you could ask them to do that or simply as for a letter of deadlock...sounds like latter and onto ombudsman may be way to go.

[Edbear]

Not the first threat on KB about Swann being a pack of bloodsucking leeches. I'm entirely sure it wont be the last..

This is the same company that wanted to give me a $2300 excess on a $6000 bike, purely on the grounds of a 4.5 year old assault conviction.




You assaulted someone when you were 4,1/2...?:gob:

[Lias]

You assaulted someone when you were 4,1/2...?:gob:

Younger.. I got kicked out of montessori at 2-3ish for splitting a kids head open with a spade :yes:

But I meant i got an assault conviction 4 and a hlf years ago :-P

[sAsLEX]

Yup, without a doubt. Having just been forced to go through a disputes tribunal process due to being hit recently by an uninsured dickhead going too fast around a blind corner on an unsealed road, I am still totally in favour of compulsory 3rd party insurance.

Why should WE have to fight to have our excess returned and our no claims reinstated because WE had to claim on OUR insurance simply cos he was either too young and stupid or had a driving record too poor to mean insurance was not financially viable for him?? (we won by the way...yay!)


This is where the industry is wrong. You employ insurance companies for a service, to protect you in case of an accident.

Insurance companies have the knowledge and resources to chase people who cause damage to your vehicle, non fault incidents where the other party is known should incur no excess to the policy holder and the insurance company should chase up the excess/money from the person who hit you..........tui anyone.


The other thing is I had 3rd party on my car got rear ended went to inform them and they gave me the big DONT CARE, ok cool I had to do all the insurance work to get my payout with the other insurance company

No point having insurance except for theft.