Insurance trouble

[tigertim20]

Hey guys

I am having serious issues with my insurance company State.
My bike was damaged a couple of weeks ago by another bike falling into it while parked. Another biker saw it and put a note on my bike with his contact number and the registration of the other bike. Not the first time this happened in windy Wellington and at this bike parking spot. Happened twice to my colleague in the last 6 months! So I thought shit happens, left a note on the other bike asking them to contact me. A couple of days later I still did not hear from the other party and decided to call my insurance company. I did not expect it to be a big deal since I have the registration of the other bike and a witness but WRONG!
To make a long story short: The other party is declining any responsibility and I am stuck with the access fee because my insurance company tells me that I cannot proof that it is the fault of the other person! Problem is that my witness did not see the bike falling, they only saw it already leaned over and without a witness seeing it actually happen it could have been another rider, car or kid pushing the other bike into mine says State. So I am seriously pissed off!

Any ideas how to get my insurance company to do their damn job?!

I havent read the other replies...

however, Id be telling them to fix my fucking bike, or else id be changing companies.
My last dealing with state was after someone ese hit me head on their fault) and wrote my bike off. State tried to fck me over again and again, and after finally making a resolution, I went in to get my cheque at the agreed time, and they said 'oh, well theres been some more information..' I picked up the glass bowl filled with lolles at the front desk, and threw it full force at the wall, glass showered everywhere and screamed get me my fucking check you fucking cunt peice of fucking shit.
guess what?
the cheque was sitting there, at the front desk, in an envelope. they gave it to me straight away.
They were just trying to fuck me over.

Dont take shit from insurance companies.

[DrunkenMistake]

I dont think you have read it right,

His insurance company WILL FIX but he must pay the excess, which is fair enough, the only party you could hold responsible would be mother nature, and If you seen what she done to Auckland, I wouldnt wanna be fucking with her.

Your gonna have to cough up for your own damages man, can I ask what was damaged and how much is your excess? Mine is $500 due to me been under 25, so $250 otherwise, I dont think there is anything minor on my bike that is worth $250+ for me to claim insurance on, maybe a scuffed Can.

[Icemaestro]

Your gonna have to cough up for your own damages man, can I ask what was damaged and how much is your excess? Mine is $500 due to me been under 25, so $250 otherwise, I dont think there is anything minor on my bike that is worth $250+ for me to claim insurance on, maybe a scuffed Can.

Just out of interest, which insurance company are you with DM? I'm with Kiwibike/protecta and the excess is 750, premium 560/year (and that was the best deal!).

[DrunkenMistake]

im paying $11.25 a week for two bikes, one im legally aloud to ride the other im not but its still covered full insurance, both bikes are $500 excess, $250 for cover then $250 if under 25, im with Aon, they are like a broker, so according to my paper work, im 20% insured by vero, 30% someone else and 40% someone else, its what makes it cheaper, so im still insured but its like a shared group of insurers

[MSTRS:Me]

Tricky situation. For both you, and the Ins Co.
1. You, because despite the damage to your bike from another's, you cannot prove negligence on the other owner's part. The vehicle/s may carry the cover, but it is the owner's actions that determine who pays.
2. State or any Ins Co, because they can't pin the other party for negligence, but a bike being blown over into yours may not quite meet the Act of God criteria where they would deny all liability for cover.

[Icemaestro]

im paying $11.25 a week for two bikes, one im legally aloud to ride the other im not but its still covered full insurance, both bikes are $500 excess, $250 for cover then $250 if under 25, im with Aon, they are like a broker, so according to my paper work, im 20% insured by vero, 30% someone else and 40% someone else, its what makes it cheaper, so im still insured but its like a shared group of insurers

Tried it..they don't do this anymore, said they weren't making money doing it:-P Damnit!

[DrunkenMistake]

Well thats rubbish because I just took the policy out on my 400 and my 250 was under mum and dads policy and I took my own out on it as well as the 400, in saying that I was chin wagging with mum and what I neglected to say was my nana was a receptionist for pgg wrightson for something like 30 or 40 years so we get a discount as pgg wrightson owns Aon, apparently it covers my parents and myself

[Matt_TG]

The excess is the uninsured part of any loss / claim. That's how it works. IF you can prove third party fault then they can and will chase your cost (the excess) and their cost, in that order.

The problem here is proving third party fault / negligence. Put it this way - if it was your bike that you parked securely and a gust of wind blew it over (and you would have to pay an excess to fix your damage or you had no real damage) - would you feel liable for any damage your bike caused? Different story if you were in control of it but here it would not be your doing.

Mention earlier of an "Act of God" - red herring. Billy Connolly popularised it but in reality it's not an exclusion - otherwise no one in CHCH would be paid (mind you ....).

Your claim is accepted for damage - all well and good, but you agreed to meet the first part of the costs and I'm afraid you're stuck with it. I wouldn't expect any insurer would treat things differently to be honest.

Sucks but then that's the risk of owning a bike (which I currently don't )

[Motig]

So how much are the repairs going to cost ? Is it worth the hassle ? The insurance company is prepared to payout as per your policy so they arn't actually ripping you off. About the only thing you could do is perhaps go the other biker in the small claims court but I wouldn't like your chances of succeeding.

[scracha]

The problem here is proving third party fault / negligence. Put it this way - if it was your bike that you parked securely and a gust of wind blew it over (and you would have to pay an excess to fix your damage or you had no real damage) - would you feel liable for any damage your bike caused? Different story if you were in control of it but here it would not be your doing.

Yes, I would feel liable. Where do you draw the line? What if he had a shitty sidestand or parked facing down a slope making it very susceptible to wind. By your logic, if some twit parks on tar seal next to mine, then the sun comes out, the tar seal melts, his sidestand sinks and his bike falls over into mine, then he wouldn't be at all negligent?

We are responsible for how and where we park our vehicles and the condition of our vehicles in relation to how it makes them safe to park. I wouldn't park my manual hilux surf on a hill out of gear, leave the handbrake in a borderline "just on" position and then have the cheek to blame it on a gust of wind if it rolled down the hill into a bike/car/person/house.