Update on BMW's Insurance Claim

[Bloody Mad Woman (BMW)]

DON'T USE SWANN INSURANCE

Date of Accident: 27 August 2006
2003 Suzuki Bandit 1200CC Insured for $9,209
18 September 2006 bike written off

Friday 13 October - sent a detailed list of my contact with them - which basically portrayed their slackness - this was sent to the guy's manager with the threat of legal action.

Got response late yesterday afternoon. NOT HAPPY. To cut a long story short I think my reply says it all.

"Your letter of 16 October 2006 refers.

I am shocked to receive your advice of the decision voiding the cover under my motorcycle policy on the grounds of non disclosure of speeding offences.

I find this completely contradictory in view of the information set out in the policy documentation, under the heading "Duty of Disclosure: what we must be told." This includes the statement "You do not need to tell us about any speeding offences unless it results in a loss of, or change to the terms of, that person's driver's licence;" (copy attached).

This is a clear indication that speeding offences of the kind described are not regarded as material to fixing the premium or the terms of the policy and consequently should not give rise to the avoidance of the policy or declining a claim.

I ask that the decision as notified be reviewed urgently in the light of the above statement from your own documentation.

Please also forward a copy of the Complaint Service Information sheet which was not enclosed with your letter.

I look forward to your prompt reply."

God save me from dealing with idiots. I passed it by one of the lawyers at work. So now we have to wait on the underwriters to reply again - christ it took them a month of sundays last time. They have 5 days in which to answer then all hell breaks loose.

Last nite I was an absolute stunned mullet. Had to hibernate.
I am not happy = which is a gross understatement!

[Macktheknife]

Give 'em hell BMW, don't let up.
Try writing to the ombudsman too that always gets people a bit more eager to answer you.

[slimjim]

yup they do love to the pay out, but boy they love it even more when it's you turn to give to them, rock on and hold tight til the lady finish's singing

[Paul in NZ]

That is a bloody shocker.... un freakin believeable.....

[mstriumph]

from what you say, they are in the wrong

once your reply gets booted up the food chain to someone that has developed rudimentary thinking/reasoning skills, things should go better for you, hopefully ....

or mebbe they are attempting the bullying, steamroller thing .... in the hopes that YOU haven't developed rudimentary thinking/reasoning skills? [well - it obviously works for them sometimes or they wouldn't try it]

no matter - right will triumph if you stick to your guns

[James Deuce]

Fuckers. Last time I speak politely to anyone working at an Insurance Company.

[Ixion]

Is one reason why I don't bother with insurance. You pay them lots of money , little chance of them fulfilling their end of the deal. Anyone still keen on compulsary insurance?

[judecatmad]

Give 'em hell BMW, don't let up.
Try writing to the ombudsman too that always gets people a bit more eager to answer you.

The complaint has got to reach 'deadlock' before it can go to the ombudsman, but yes, that's most definitely the next thing to do. The company can't keep delaying the process - force them into it. Once you've asked them to take it to a deadlock situation, I think it's 5 days they have to either resolve the issue or declare deadlock. Then...ombudsman here we come!

And of course there's Fair Go....and Consumer if you're a member. They are always REALLY supportive. It's almost worth joining just to get them on board!

The insurance company's duty of disclosure statement clearly states that unless you lost your licence or got demerit points then speeding fines are of no concern - I'm assuming it's just speed camera fines you've had? If that is the case then they really don't have a leg to stand on.

Don't give up - get on the phone EVERY day and bug the hell out of them. The more you pester, the quicker they'll deal with it...LOL

Good luck with it all, let us know how it goes.

[MattRSK]

I am with Swann!

[judecatmad]

Is one reason why I don't bother with insurance. You pay them lots of money , little chance of them fulfilling their end of the deal. Anyone still keen on compulsary insurance?

Yup, without a doubt. Having just been forced to go through a disputes tribunal process due to being hit recently by an uninsured dickhead going too fast around a blind corner on an unsealed road, I am still totally in favour of compulsory 3rd party insurance.

Why should WE have to fight to have our excess returned and our no claims reinstated because WE had to claim on OUR insurance simply cos he was either too young and stupid or had a driving record too poor to mean insurance was not financially viable for him?? (we won by the way...yay!)

There are always insurance companies who will try to screw you over but if you've done everything the right way, declared what you need to declare (I always volunteer more than they ask just so that I know there's no technicalities they can get me on later) and you know what your rights are then no insurance company, regardless of the amount of dicking you around they do, will be able to wheedle out of a claim.

We have never ever had any issues with any claims we have made - house transit insurance, travel insurance, car insurance, health insurance....

And yes, I do work in insurance

But this is off topic - sorry for hijacking your thread BMW Good luck with it all Keep your chin up and keep the fighting spirit - don't let them gt away with it. If you've upheld your side of the contract, they must uphold theirs.

[yungatart]

Don't give up, girl. These toerags only exist because of their customers and they've had it their way for tooooo long.

[chanceyy]

& just remember as stated earlier .. by Jude

Fair go .. they love going after insurance companies ..

[Swoop]

Have them send their correspondence to you VIA your work address...

BMW,
C/o ABC Lawyers,
...
...

Might perk their heads up a bit?

[Lil_Byte]

Give them hell. As stated by some of our estemmed collegues above. They love to take your money but sure as hell don't like giving it back

[RantyDave]

I'm with swann, and have picked up a speeding ticket, and have not told them. I will be checking my paperwork in the morning and, depending on your outcome, quite possibly ditching the cunts.

Correction, due to my drunken ramblings the more adult member of my household informs me that we did in fact tell them, and as if to prove a point has now dumped the paperwork on me. "Maxirider" policy, right? And those are, indeed, the exact words. However, it applies while the policy is in force ... did you get the tickets before applying for the policy?

The actual application form includes a space to fill out your tickets, so unless you didn't fill it in then they don't have a leg to stand on. Let me know how it goes, they could be getting the finger from me and we'll let my agents (TSS, bike shop in Welly) know that they've been behaving like cunts.

Good luck, girl.

Dave