View Full Version : Insurance woes, looking to recover costs from Protecta, need help!
Wasp
4th October 2007, 14:45
Hey guys and girls
over roughly 6 months ago i was knocked from my 250 by a guy in a 4wd
the bike went to tss motorcycles
i was told it would be written off soon, then a few weeks later that it would be repaired next week, next week rolled around and the same story "will be done next week" - the rego didnt get put on hold and i was still paying insurance
anyway here we are over 6 months later and the costs incurred are as follow:
19th March 07 to 26 September 07 (inclusive) = 161 days
Insurance costs $671 for 365 days = $1.84 per day X 161 days = $296.24
Rego costs $224.28 for 365 days = $0.61 per day X 161 days = $98.21
Insurance $296.24
Rego $98.21
WOF $35
--------
Total $429.45
Basically i want this cash back - the bike is not in the same state it was in before the accident as it is now missing 6 months of rego, insurance and wof
parties involved are myself, tss, kiwibike, protecta and state(guy in 4wd) can anyone help me? or offer advice?
thanks
Doug
Scouse
4th October 2007, 14:51
Were you born in israel?
quallman1234
4th October 2007, 14:58
About time! :Pokey::Playnice::banana::2thumbsup:argue:
P.s there was a nice black bandit out the back of Tss today. Thought it might of been yours but then i memba'd the yellow.
Ok im not helping...
Good luck doug... Any idea when your get it back? Bloody bs
Sanx
4th October 2007, 15:37
Were you born in israel?
Another stunningly informative post with a racist epithet thrown in. If you haven't got anything vaguely useful or amusing to say, why bother posting?
Sanx
4th October 2007, 15:46
Hey guys and girls
over roughly 6 months ago i was knocked from my 250 by a guy in a 4wd
the bike went to tss motorcycles
i was told it would be written off soon, then a few weeks later that it would be repaired next week, next week rolled around and the same story "will be done next week" - the rego didnt get put on hold and i was still paying insurance
anyway here we are over 6 months later and the costs incurred are as follow:
19th March 07 to 26 September 07 (inclusive) = 161 days
Insurance costs $671 for 365 days = $1.84 per day X 161 days = $296.24
Rego costs $224.28 for 365 days = $0.61 per day X 161 days = $98.21
Insurance $296.24
Rego $98.21
WOF $35
--------
Total $429.45
Basically i want this cash back - the bike is not in the same state it was in before the accident as it is now missing 6 months of rego, insurance and wof
parties involved are myself, tss, kiwibike, protecta and state(guy in 4wd) can anyone help me? or offer advice?
thanks
Doug
First person I'd talk to is Dave at Kiwibike and ask his advice. He should be able to give you some idea of what can and can't be recovered. If the bike's not in the condition it was in before the accident, then that should be something you can take up either with TSS or, again, with Dave. If they haven't written the bike off, it should be repaired to the state it was in before the accident. If it's too expensive to - that's when it gets written off.
Underpinning NZ contract law is the principle of good faith. Essentially, this means that all the parties to the contract should act in a manner that is reasonable. Taking six months to repair a bike is not reasonable unless there's a bloody good excuse; parts unavailable, etc. The rego costs you can't recover - that's your responsibility. As for the insurance, it could be argued this is your responsibility - you could have put the policy on hold. However, the counter is that you would have done if you'd been given a reasonable expectation of how long it would take to get the bike back.
Either way - Dave's your first point of call. Second, you could try the Citizens' Advice Bureau and talk to one of their resident sharks.
My opinion: getting the bike repaired properly is something that should be done and you're likely (if you argue the case well enough) to get it done. The costs, however, you'll probably end up wearing.
inlinefour
4th October 2007, 16:09
Patiently waiting for something to happen ain't working? Sounds like you need to change your tact and take control of the situation as it sounds like your the one being taken for the ride.
Six months is plenty of time for the bike to either be repaired or written off, someone else's incompitence is likely to blame. Get hold of whoever is in charge of the insurance company your with and let them know, after politely explaining to them why this is unacceptable, that your about to loose your cool and start making well placed complaints. That usually gets things rolling. Failing that, find out who you do need to make a complaint with and think about letting fair go know...
As far as getting those costs back, don't hold your breath. Sounds like normal costs to me and we all have to keep paying them, even when the vehicle is in the workshop being repaired. The only issue I see here is the length of time its taking.
Matt_TG
4th October 2007, 17:46
Have you a copy of your policy wording? Post up or PM a copy or a link to an online pdf or similar. I'd be happy to take a look and see what provisions may be in there.
It's impossible to comment further without knowing what arrangements you entered into with your insurer - even if you didn't read it, it's a contract ...
fireliv
4th October 2007, 17:52
Doug!
That sucks the big one!!
Definately need to go over ure contract and talk with Dave. The bandit should be as it was............
All insurance companies have a formal complaints process, and once thats been explored there is always the insurance obwoodsman (so cant spell) who looks into it and states whether its all fair or not (free to use) then there is the civil action.
But start with talkinh to Dave, he should be the one to contact TSS and see why its not up to scratch!
Good luck!
Grahameeboy
4th October 2007, 17:58
Hey guys and girls
over roughly 6 months ago i was knocked from my 250 by a guy in a 4wd
the bike went to tss motorcycles
i was told it would be written off soon, then a few weeks later that it would be repaired next week, next week rolled around and the same story "will be done next week" - the rego didnt get put on hold and i was still paying insurance
anyway here we are over 6 months later and the costs incurred are as follow:
19th March 07 to 26 September 07 (inclusive) = 161 days
Insurance costs $671 for 365 days = $1.84 per day X 161 days = $296.24
Rego costs $224.28 for 365 days = $0.61 per day X 161 days = $98.21
Insurance $296.24
Rego $98.21
WOF $35
--------
Total $429.45
Basically i want this cash back - the bike is not in the same state it was in before the accident as it is now missing 6 months of rego, insurance and wof
parties involved are myself, tss, kiwibike, protecta and state(guy in 4wd) can anyone help me? or offer advice?
thanks
Doug
You cannot claim for the Insurance, Rego, Wof as these would have been incurred in any event, regardless of the prang so are not additional costs arising from the prang.
If your bike had been written off then you would not have got a refund because you were indemnified.
Re your Rego it may be worth calling Ltsa to explain and they may back date if you provide evidence that your bike was off the road.
Call Insurance and find out why the delay and ask for a time for claim to be settled. The Bike shop may know. Ask them. Ask to speak to a Supervisor.
I would make a formal complaint with reference to the Ombudsman.
I would also seek compensation from your Insurer's for the unreasonable 'loss of use' of your bike. Suggest $50 per week.
For the record I worked in claims 27 years.
scracha
4th October 2007, 18:31
Were you born in israel?
Eh? You're saying he's a Jew because he has the cheek to actually try and get some arsehole to pay for his losses?
Hope he has better luck than the worthless uninsured lying Kiwi scumbag knocked me off my last bike.
VasalineWarrior
4th October 2007, 18:46
If theres one thing I learned from my crash is that persistance pays off. Get the name of the person of the insurance co and RING THEM. Every..single..day. These people will do nothing unless you hassle the f@4k out of them, right from the start.
As for TSS this sounds like shoddy performance from them. It may be because the insurance co hasnt given them the cash to proceed but id be in there like a bad smell talking to Stu if my bike took 6 month to fix.
Bloody Mad Woman (BMW)
4th October 2007, 19:51
If theres one thing I learned from my crash is that persistance pays off. Get the name of the person of the insurance co and RING THEM. Every..single..day. These people will do nothing unless you hassle the f@4k out of them, right from the start.
As for TSS this sounds like shoddy performance from them. It may be because the insurance co hasnt given them the cash to proceed but id be in there like a bad smell talking to Stu if my bike took 6 month to fix.
Mine took 4 months - and that was doing the above - hassling the insurance company who tried to worm their slimey arse out of it. You go straight to the Manager to - I did mine by email and phone - and listed it all down.
Persistence is the key - and stand your ground. Don't take bullshit from them. Hell they knew I worked in a lawyers office and the slimey retarded bastards still tried to rip me off. Good luck.
Cibby
4th October 2007, 20:54
Is protecta the issue here?
Postie used to work for them, our old flatmate is the claims manager there, so if you need some help.
Calling them every day to ask for an update is also an effective way of getting a response. It sucks, but the asshole customers who bug the claims gusy every day usually get responded to the quickest,
Good Luck
Scouse
5th October 2007, 14:14
Eh? You're saying he's a Jew because he has the cheek to actually try and get some arsehole to pay for his losses?
Hope he has better luck than the worthless uninsured lying Kiwi scumbag knocked me off my last bike.Oh yea I forgot he could also be a fiscaly prudent Scotsman now you mention it.
dmouse
5th October 2007, 21:23
take it up with the insurance ombudsman they will help you out and also your insurance assesor should be there to make sure that you are happy with work done or they will not allow payment to be made to the repairer.
good luck
Renegade
6th October 2007, 06:57
im picking up a trend here, Tss took 2 and a half months to fix my bike aswell and it wasnt the way it was when i bought it 3 months earlier, they glued the seat vinyl instead of replacing it(hard to tell but i know my bike) and touched up the lower fork with paint that didnt quite match(as above) and the body shop that resprayed the fairing put a dirty run in the paint, again all hardly noticably but i know,hasnt been the same since really, and im a soft cock who jus accepted it i know. :bye:
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