Insurance trouble

**s3r1ous** · 2nd May 2011, 18:10

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?!

**Max Preload** · 2nd May 2011, 19:24

The fucking word is EXCESS.

**neels** · 2nd May 2011, 19:51

Did you take a pic to show your bike under their bike as proof it fell on yours, and get your witness to verify the photo?

Otherwise you're probably fucked.

**michael e** · 2nd May 2011, 19:58

tell them to get fuked and change to vero,they were awsome to deal with in my case,but hey that dont help your cause

**s3r1ous** · 2nd May 2011, 20:04

Yes it is. Thanks for pointing out the typo. Anything to add that actually is helpful?

**s3r1ous** · 2nd May 2011, 20:15

Thanks Neels

No, I do not have a picture. Someone already moved the other bike back when I came around. My witness talked to my insurance company but since he did "only" see the result and not the actual accident they are still trying to argue that it could have been cause by a third party. Highly unlikely but impossible for me to prove them wrong.

**s3r1ous** · 2nd May 2011, 20:22

yes michael e. if they are not going to help me I'll change to another company!
Were you in a similar situation and how did vero react?

**neels** · 2nd May 2011, 20:26

Originally Posted by s3r1ous

No, I do not have a picture. Someone already moved the other bike back when I came around. My witness talked to my insurance company but since he did "only" see the result and not the actual accident they are still trying to argue that it could have been cause by a third party. Highly unlikely but impossible for me to prove them wrong.

That sux then, unfortunately you're in the same boat as getting back to your car in a car park and finding some bastard has hit it and not left a note.

I should also admit I have a long standing hatred of state insurance, before saying they're difficult to deal with. A workmate of mine watched his bike get backed into, and they still argued for ages about repairing the damage to it.

**sinned** · 2nd May 2011, 21:54

Yes Excess is the word. You pay that unless someone else is at fault which usually means they admit fault. This has nothing to do with State who I have found good at fixing my problems: 2 big house claims and 3 car damage claims where the other party was at fault.
However I don't insure my bike with State.

**patarch** · 3rd May 2011, 18:21

your up shit creek without a paddle if you can't get him to admit it mate.
insurance will make you pay the excess unless they can get someone else to pay it

One option for you would be take it to the small claims court and have him found legally liable but as you said evidence may not be on your side there.

how much are they stinging you for the excess?

**scracha** · 3rd May 2011, 18:32

Originally Posted by neels

That sux then, unfortunately you're in the same boat as getting back to your car in a car park and finding some bastard has hit it and not left a note.

I should also admit I have a long standing hatred of state insurance, before saying they're difficult to deal with. A workmate of mine watched his bike get backed into, and they still argued for ages about repairing the damage to it.

Ok, so if I rammed my car into your car, looked around and found nobody saw it....i'd be able to jump out the car and fuck off. I could then claim that somebody else must have taken the handbrake off or pushed my car into yours. Bullshit. Oh...and you didn't get a photo cos somebody else cleaned up the mess...that's got nothing to do with it.

You've got an independent witness to verify the other bike was on top of yours. Whether somebody else pushed their bike into yours, whether the wind blew it, whether the tar seal melted or or whether it just fell over due to poor parking etc is a mute point. It's STILL THEIR problem*. Their bike directly caused the damage to your bike. If your insurance company won't help out then send a letter directly to the 3rd party seeking damages. They should then contact their insurance company (if they have one) and no doubt you'll hear back from them one way or another. Contact your own insurance company to see whether you have legal expenses cover too. If you get no joy then it's small claims time if the amount is under 14? K

*they can take it up with whoever pushed their bike over into yours.

**DrunkenMistake** · 3rd May 2011, 18:41

Originally Posted by s3r1ous

I am having serious issues with my insurance company State.

I think I see your problem.

**jafar** · 5th May 2011, 06:51

Originally Posted by DrunkenMistake

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I think I see your problem.

30 odd years ago STATE had a reputation as being a pack of shitbags & shysters.

To be fair though.....
Assuming that it was the wind that knocked the other bike into the TA's bike then the owner of the other bike would have fair grounds to say that he wasn't there & the bike was parked legally & he is not @ fault. Good luck getting anything out of him. This is one of those cases where you just have to suck it up.

The same would be true if you had your car smacked by a supermarket trolley in the carpark. Unless you actually SEE the person who did it, or can get someone to admit to being careless with the trolley you get to pay the excess on that one too.

**sinned** · 5th May 2011, 07:09

Originally Posted by s3r1ous

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.

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

This is not a serious issue and the insurance company does seem to be doing their job. You have an agreement that the company will pay out in a loss situation, less the agreed amount of excess. It seems State will honour this agreement and are doing their job.

When taking out insurance it is up to you to ascertain what is covered and if the policy meets your requirements. You may have been able to pay more and have a lower excess.

**Owl** · 5th May 2011, 07:22

Originally Posted by scracha

You've got an independent witness to verify the other bike was on top of yours. Whether somebody else pushed their bike into yours, whether the wind blew it, whether the tar seal melted or or whether it just fell over due to poor parking etc is a mute point. It's STILL THEIR problem*. Their bike directly caused the damage to your bike.

Actually, not true!

There is no proof of negligence.

For example, the bike could've been placed there due to a tornado (could happen)

. If it was a piece of Placemakers roof lying on the bike, would you hold Placemakers liable?