Any insurance assessors on board?

**steve_t** · 13th December 2010, 13:54

Originally Posted by KiwiGs

I have just had a call from the insurance company to say that they are repairing* my car and accept full responsibility for the 'accident'
It looks like a win for common sense, 'cause I did have witness who saw what happened but still when you are dealing with insurance you just never know......

I have another question: is it reasonable for me to claim for bus fare to and from work for the time that my car has been off the road?

*I am not sure it will be repaired; I think the ride to the panel beaters + the panel and paint may end up being more than the car is worth.......

Great news!!

Unfortunately, I don't think they'll pay for your alternative transportation costs. It's always worth asking though

**KiwiGs** · 13th December 2010, 14:24

Originally Posted by Spearfish

I would go for mental anguish maybe even find a way that the mental anguish has changed your carer path so loss of potential earnings thrown in....

So what is that about mate?
If my car is damaged, my insurance company pays for alternative transport.
In this case I was making a claim as an 'uninsured party', because my car is insured 3rd party.
Seems reasonable to me that the other company would do the same, after all it was their client who rendered my car derivable. Where is the facepalm in that?......

**Spearfish** · 13th December 2010, 15:40

Originally Posted by KiwiGs

So what is that about mate?
If my car is damaged, my insurance company pays for alternative transport.
In this case I was making a claim as an 'uninsured party', because my car is insured 3rd party.
Seems reasonable to me that the other company would do the same, after all it was their client who rendered my car derivable. Where is the facepalm in that?......

No face palm in that...
The facepalm was the closest to a sarcasm emotion thingy for my post back to you.
Well done on the good outcome, still a bugga with the car off the road though.

**Oscar** · 13th December 2010, 20:43

Originally Posted by KiwiGs

Seems reasonable to me that the other company would do the same, after all it was their client who rendered my car derivable. Where is the facepalm in that?......

Yep.
You just have to prove how much out of pocket you were.
Sounds easy, good luck...

**rwh** · 13th December 2010, 21:19

Originally Posted by firefighter

As for the bus fare, I doubt it. This is the reason you should be able to sue, not for 'emotional damages' where people claim stupid amounts of money, but for reasonable costs as mentioned which are associated. With N.Z's retarded judges it's probably a good thing we can't, but that's a whole other argument.

Can't we? I thought the only restriction on suing was for personal injury, due to that being covered by ACC. AFAIK we can still sue for any other sort of damage/cost.

That's essentially what's happening with the other party here, isn't it? Or would, if they refused to pay up in the first place.

Richard

**firefighter** · 13th December 2010, 21:21

Originally Posted by rwh

Can't we? I thought the only restriction on suing was for personal injury, due to that being covered by ACC. AFAIK we can still sue for any other sort of damage/cost.

That's essentially what's happening with the other party here, isn't it? Or would, if they refused to pay up in the first place.

Richard

I'm not sure, I know you can't through the disputes tribunal (which isn't actually a court), so which court would you use?

**ellipsis** · 13th December 2010, 23:47

....a lesson to be learned here by all....get out of a cage through the window...after looking to the rear ....saves all this kind of shit...

**KiwiGs** · 14th December 2010, 08:50

Originally Posted by CAMSec

....a lesson to be learned here by all....get out of a cage through the window...after looking to the rear ....saves all this kind of shit...

I have learnt my lesson, and for extra safety I would recomend sliding across the bonnet on your way to jumping through window......

**Marmoot** · 14th December 2010, 09:29

If the motorway is empty when you are about to cross, then you push your baby pram and start to walk, but then you realise your phone is ringing and you paused to answer it; at the same time without you knowing a truck was going past and hit the baby pram; would you blame the truck for being on the road or yourself for forgeting that your baby pram is on the road?

**KiwiGs** · 14th December 2010, 12:27

Originally Posted by Marmoot

If the motorway is empty when you are about to cross, then you push your baby pram and start to walk, but then you realise your phone is ringing and you paused to answer it; at the same time without you knowing a truck was going past and hit the baby pram; would you blame the truck for being on the road or yourself for forgeting that your baby pram is on the road?

Ok, fair point although not really comparing apples with apples, because the hazzard was not moving and had not moved when the person hit it......
So what if?.........
You were driving along the motorway and you see that in the distance there is a tree blocking part of your lane. The tree doesn't move and there is just enough room to go around it, if you are carefull. Whose fault is it if you hit it at 100km/h?.....

**robo555** · 14th December 2010, 12:38

Originally Posted by KiwiGs

I have another question: is it reasonable for me to claim for bus fare to and from work for the time that my car has been off the road?

Find a panel beater than offers courtesy car, you just pay for petrol.

**Marmoot** · 14th December 2010, 13:57

Originally Posted by KiwiGs

Ok, fair point although not really comparing apples with apples, because the hazzard was not moving and had not moved when the person hit it......
So what if?.........
You were driving along the motorway and you see that in the distance there is a tree blocking part of your lane. The tree doesn't move and there is just enough room to go around it, if you are carefull. Whose fault is it if you hit it at 100km/h?.....

If a driver hits it, in court the fault lies with the one that puts the tree on the motorway (as we always like to blame the city council or transport authority).

In your case, the tree would be your door and the council is you.

Unfortunate indeed, but it does happen when a moment of our inattentiveness becomes a disaster. In this case, count your blessings lucky as noone was hurt.
Next time, best to watch the mirror as much as you can and make sure no part of the car intrudes onto the passageway.

**steve_t** · 14th December 2010, 14:14

Originally Posted by Marmoot

If a driver hits it, in court the fault lies with the one that puts the tree on the motorway

You're joking right?

**KiwiGs** · 14th December 2010, 14:15

Originally Posted by Marmoot

If a driver hits it, in court the fault lies with the one that puts the tree on the motorway (as we always like to blame the city council or transport authority).

In your case, the tree would be your door and the council is you.

Unfortunate indeed, but it does happen when a moment of our inattentiveness becomes a disaster. In this case, count your blessings lucky as noone was hurt.
Next time, best to watch the mirror as much as you can and make sure no part of the car intrudes onto the passageway.

Ok, I am not a lawyer or a police officer so I don't know.....
In my hypothetical situation the driver is at the very least 'Carelessly or inconsiderately using a motor vehicle'