My insurance company is looking for a loop hole.....Advice please!.

**Fishy** · 10th April 2006, 15:08

So a few of you know that my bike is very dead now due to a slide up the road and hitting a bank.

I filed my claim with the insurance company and made sure that all information given was correct to the best of my knowledge including me calling the Police Infringement Bureau to get a correct list of all traffic offences I have committed in the past 5 years.

The bike was written off on Friday by the assessor.

The insurance company called me this morning saying that there is a bit of a discrepancy in that on my original application for insurance there are a couple of speed camera fines that I haven't listed. I clearly remember when I filled the original application in, I couldn't remember these offences and made the comment "I think thats all of them" to the lady who was processing the application. She said "Ok thats fine" (I wish I had this in writting!).

My insurance company are now of the opinion that I may be with holding information from them and they now request a list in writting from the police dept clearly listing all offences I have committed in the past 5 years.

After getting the runaround from the Police Infringement Bureau and then the Auckland District Court and then the Infringement Bureau again I finally managed to get a hold of someone with half a brain and have written a letter to her and she is going to put the info in writting for me.

Do you think that the insurance company can decline my claim for this very reason??? I bloody hope not!. Has anyone been through this situation before??? I had a friend who had his insurance claim declined due to not letting them know about a speeding fine even though after taking them to court he still has his claim declined.

Am I going to be stuck with a wrecked bike worth jack diddly squat and still have to pay the thing off??? I bloody hope not!.

**Colapop** · 10th April 2006, 15:12

Insurance companies make money by not paying out claims. They tried to screw us when our car got stolen - even sent a guy around to see if there was any broken glass (from the car window) FFS! Good luck FS (I know you've been thinking of a new bike lately!!)

**bugjuice** · 10th April 2006, 15:14

I'm sure someone will clarify like mud why, but personally I fail to see how old speeding tickets can affect a new claim. They aren't related in any way. But I'm sure they're trying to use that to show that you speed, and since you speed, you will crash blah blah fukin bollox.

Insurance companies will go miles out of their way if they can, just to not pay out. If you aren't water tight, they'll find that little hole.

And I know some people here are brokers and work for ins companies, I ain't attackin you peeps (i like you..

), but the 'company' is scum sometimes..

**Oscar** · 10th April 2006, 15:18

If you've only failed to mention two speed camera tickets you should be OK.
The Insurance Law Reform Act says that an insurer can only use non-disclosure to decline a claim if the information is a "material fact". It then says that a "material fact" is information that if know, would have caused the underwriter to decline or modify cover in the first place.

In other words, had the insurer known about your speeding tickets when you originally proposed for cover, would they have declined to insure you? Doubtful.

**Fishy** · 10th April 2006, 15:18

Originally Posted by bugjuice

I fail to see how old speeding tickets can affect a new claim. They aren't related in any way. But I'm sure they're trying to use that to show that you speed, and since you speed, you will crash blah blah fukin bollox.

I forgot to mention that the 2 tickets that I couldn't remember where for doing 61kph in a 50kph zone and the other one for 63kph in a 50kph zone....... really speeding huh (and both were in the car and in 2001 and 2003).

**Colapop** · 10th April 2006, 15:25

Hmmmm ... sounds like it's the big house for you then J. Better get used to 'looking' for the soap!!

On the serious issue a call to the Citizens Advice Bureau might help.

**bugjuice** · 10th April 2006, 15:28

that's kind of the catch with insurance. You're buggered without it. You're buggered with it. You're buggered if you make a claim, and you have a snowballs chance in hell of never having to use it..

i might get into insurance..

**Fishy** · 10th April 2006, 15:36

Originally Posted by Oscar

In other words, had the insurer known about your speeding tickets when you originally proposed for cover, would they have declined to insure you? Doubtful.

Yeah I completely agree with you on this one.

Shit how are we to remember ALL traffic offences other than parking fines over the last 5 years?!.

I suggest that everyone should check with the police infringement bureau on 0800 105 777 and get a list of them for your own piece of mind. I wouldn't want anyone to have to go through this bullshit like I am.

**Fishy** · 10th April 2006, 15:39

Originally Posted by Colapop

Hmmmm ... sounds like it's the big house for you then J. Better get used to 'looking' for the soap!!

I'm too young to die

Originally Posted by Colapop

On the serious issue a call to the Citizens Advice Bureau might help.

I will try these guys once I have heard back from the insurance company, after they have received the letter from the police dept.

**Grahameeboy** · 10th April 2006, 15:40

Fishy........just let me know if you have problems and I will sort it out for ya matey................

**Fishy** · 10th April 2006, 15:41

I have problems... can you sort them?

**Grahameeboy** · 10th April 2006, 15:42

Originally Posted by Fishslayer

I'm too young to die

I will try these guys once I have heard back from the insurance company, after they have received the letter from the police dept.

No talk to GAB....Graham's Advice Bureau..............

**Grahameeboy** · 10th April 2006, 15:42

Originally Posted by Fishslayer

I have problems... can you sort them?

Yes..............nah probs.....................always help a friend........

**vifferman** · 10th April 2006, 15:47

When in the past I've mentioned speed camera tickets to them (not that I've ever had any, but the second one the wife got was sent to me), they've said, "That's OK, they don't count". It's more to do with full disclosure than that the tickets make a difference.

In the weekend I dumped State after more than 30 years and swapped everything to AMI - did it all with one phone call to AMY. By and large, they were pretty comparable, but AMI were better in a couple of regards: State wouldn't give one of my sons fire and theft, only comprehensive ($1900 for a $5k car!) or third-party only ($410), and the excess on my bikes was $1500 with State regardless of what the claim was for or the circumstances. AMI was $1000 excess for accident or theft, otherwise $500. Also AMI allow a few minor claims without it affecting your no-claims rebate.