Protecta Insurance - Claim problems

[nomnomnom]

How so? I doubt they record every single phone call. If you were a judge/ombudsman and somebody rocks up and says "Look, there's this bloke on the internet,I've never met him but he says he called up the insurance company and apparently they said blah blah" how impressed would you be?

Yeah they do record every call. I know this as I have worked in several call centers and know the information required to track down a call (hence this all posted in my previous post).

Plus as stated earlier in the thread I work at an Insurance Company - so I have a fair idea what Im talking about.

PS im a chick - hence the female symbol included in my posts.

Kthxbi

[Matt_TG]

This should have been solved without all the bother. What you need to bring to Protecta's attention is Section 11 of the Insurance Law Reform Act 1977, which states in gobbledegook:


11 Certain exclusions forbidden

Where—

(a) by the provisions of a contract of insurance the circumstances in which the insurer is bound to indemnify the insured against loss are so defined as to exclude or limit the liability of the insurer to indemnify the insured on the happening of certain events or on the existence of certain circumstances; and

(b) in the view of the Court or arbitrator determining the claim of the insured the liability of the insurer has been so defined because the happening of such events or the existence of such circumstances was in the view of the insurer likely to increase the risk of such loss occurring,—

the insured shall not be disentitled to be indemnified by the insurer by reason only of such provisions of the contract of insurance if the insured proves on the balance of probability that the loss in respect of which the insured seeks to be indemnified was not caused or contributed to by the happening of such events or the existence of such circumstances.

I have bolded the relevant part, which can be translated as follows:

It doesn't matter if you had a bald tyre, no WOF, or even were pissed out of your tree, as long as those circumstances did not contribute to the loss, BUT it's your responsibility to prove it.

Anyone who has sat even the most basic insurance exams will be presented with a similar scenario of a car parked at lights with bald tyres when it's rear ended and insurers still have to pay. Low cost insurers often seek to find any exclusion they can and apply it - but often the plebs there don't understand insurance law, which is actually quite fair if you know how to interpret it.

I'm a Loss Adjuster with over 13 years in the industry. PM me if you want more info.

[schnupfy]

Hi guys,

thanks again for the input here. I have sent the whole documentation to the ombudsman last week (I have never received the letter of deadlock although requested over a month ago). I was riding with a friend who saw the whole accident (riding behind me) who happens to be a (German) police officer. He wrote a witness report that states that he saw the back wheel braking out to the left which subsequently caused me to lose control of the bike.
This and the fact that the WoF report did not highlight the front tire to be worn 2100km before the accident should hopefully be counted in my favour.

Thanks again.

Marcus

[schnupfy]

This get's more and more annoying. Because the insurance hasn't send me a letter of deadlock ISO won't progress with my claim. I have requested the letter more than 5 weeks ago and called multiple times. Now ISO told me to escalate to Allianz...

Cheers,
Marcus

[Jantar]

I was insured with Protecta from 2006 to 2008. It was similar stories to this one that made me decide to change companies. When I did change (to John Baker) Protecta tried to make things as difficult as they could.

After reading your hassles I'm glad I changed.

[nomnomnom]

Good to hear updates Marcus, sucks that they are mucking you around tho! I hope everything works out in your favour - after all whats the point in having insurance if the pricks wont pay out!

[bikerdarrell]

Don't go with protecta! They suck.

[schnupfy]

Hi there,

here a little update in this matter.

After I tried for some time to get the Letter of Deadlock from the Insurance I finally got a Lawyer to look at it. He drafted me a letter to the insurance and 2 days after they had received it I finally got my LoD... They of course said that they already had sent it out weeks ago which is just ridiculous...
Anyway, not it is with the Ombudsman.

Cheers,
Marcus

[schnupfy]

Hi there,

another update in this matter...

I have handed the whole documentation over to the Ombudsman more than a month ago and guess what. The Ombudsman is still waiting for the documentation from the Insurance... This Insurance company is absolutely useless. Taking your money and when they have to make a stand - they fail utterly...

I hope that this'll clear up soon... Extremely annoying...

Cheers,
Marcus

[DIN PELENDA]

I have problem with Protecta Insurance. I got both bikes insured with them, and after more then 10 years with them I have first claim on my R1 2003 last month. Bike was insured for 9 k. I told them bike is worthed 4.5 is got 4.5 k of extras on it, Olin's shock front and back, Hi pro steering damper, full titanium system, power commander ....it was all in insurance agreement. After write off they give me 3.5 k. So I call them and they say market value of bike is 4.5 k minus my excess = 3.5k. So I ask what about extras on bike. They say extras do not affect market value of bike. So I ask to go and put standard parts beck on and take extras of bike. He then told me if I do that, it will affect quote (market value) So I can't do that. You always loose in battle with insurance companies PROTECTA SUCK MY BIKE

[Owl]

You always loose in battle with insurance companies

Not always

[NordieBoy]

So the extras don't affect market value, but they affect market value?

[Ocean1]

So the extras don't affect market value, but they affect market value?

It's a special insurance market.

I finally got a Lawyer to look at it.

Time to call him again I'm afraid. The insurance company knows exactly how to play this game, better in fact than the regulatory authorities. The only thing they'll pay any attention to is a valid legal threat or widespread bad publicity.

Me? I'd ask the lawyer if it's possible to charge them for costs associated with the process. And I'd be offering to spend every cent I obtained on any eventual payout on a well documented but extrememly unflattering add in the local rag.

[schnupfy]

Hey there,

another update in this matter - and I am afraid that Protecta is still not done.
After a long backwards and forwards with the Ombudsman from FSCL (which btw. did not even know about the insurance law paragraph that Matt_TG provided) they asked an accident specialist (Todd McCormack) to analyse the facts.
He came to the conclusion that in dry conditions (which was the case), it is highly unlikely that the front tyre had caused the accident and that a tyre with even less tread wouldn't have had more grip than a worn tyre like I had on the bike.
He then goes on and guesses the speed that was required for an experienced rider to "fly" out of that corner and just states 103km/h - and marks that as excessive speed.
This can't be true for 2 reasons. A controlled full stop with a bike like that from 100km/h would need at least 100m brake way. The bike though came to a stop (sliding & rolling) after less than 50m.
The insurance of course picks that up and states that there was one of yellow those 55km/h signs just before the corner and with that willful and reckless driving caused the accident...

And the Ombudsman does support that as well...
Man this is annoying...
Cheers,
Marcus

[cold comfort]

I was insured with Protecta from 2006 to 2008. It was similar stories to this one that made me decide to change companies. When I did change (to John Baker) Protecta tried to make things as difficult as they could.

After reading your hassles I'm glad I changed.

Really grateful for this thread. Kiwibike initially signed me up for Protecta but, on the strength of this thread, I insisted they change it. Just as well as had a cosmetic write off on an SV 650 on a track day. Star were very reasonable. PIA as i was $750 under insured so dropped a grand on excess but overall hassle free-unlike the sad stories on this page.