Insurance payouts?

[nzspokes]

Went to court with my one today. I won. Hes now got a fucking huge bill to pay at $20 a week. Thankfully its been ordered that it has to be paid by Winz out of his Dole. So it will come through.

[nzmikey]

Went to court with my one today. I won. Hes now got a fucking huge bill to pay at $20 a week. Thankfully its been ordered that it has to be paid by Winz out of his Dole. So it will come through.

Yeah the suck thing about that .... We are paying for it .... Not him as such .... Bitter sweet I spose . But a win none the less

[nzspokes]

Yeah the suck thing about that .... We are paying for it .... Not him as such .... Bitter sweet I spose . But a win none the less

I dont disagree with that. This guy has been in the country 9 years and has worked for 1 of them.

Im thinking of it as my tax money back.

[nzmikey]

I dont disagree with that. This guy has been in the country 9 years and has worked for 1 of them.

Im thinking of it as my tax money back.

Jebus Christ you fucking kidding me ! Send him home or at the minimum cut the beni to $0 ffs

I am not working and struggling to pay for medical bills for my family or keep them feed and housed for some cunt who has worked 1 out of 9 years to sit on the beni and do sweet fuck all

/rant

[nzspokes]

Jebus Christ you fucking kidding me ! Send him home or at the minimum cut the beni to $0 ffs

I am not working and struggling to pay for medical bills for my family or keep them feed and housed for some cunt who has worked 1 out of 9 years to sit on the beni and do sweet fuck all

/rant

Again, dont disagree.

His wife is on a sickness beni as well.......

He was worth letting in.

[LaggyGN]

Went to court with my one today. I won. Hes now got a fucking huge bill to pay at $20 a week. Thankfully its been ordered that it has to be paid by Winz out of his Dole. So it will come through.

Glad to hear, quite encouraging. I hope it doesn't have to go as far as courts, but I may as well if the tribunal doesn't sort it out properly.

The court official when I filed my papers said 'you look pretty safe on this one'. I handed her a bulk of photos, with 3 witness statements with diagrams, a police report and 3 market value quotations. He'll only be able to show up with his own account and diagram. Quite encouraging. Just have to wait now.

[Gremlin]

Glad to hear, quite encouraging. I hope it doesn't have to go as far as courts, but I may as well if the tribunal doesn't sort it out properly.

Best you actually read up. The tribunal finding is final and binding. There are grounds to appeal the finding, but the whole purpose of the tribunal is to keep this crap out of the courts (let them focus on the serious stuff). One side being a retard etc isn't the stuff courts should have to deal with.

We had a previous landlord try to appeal a ruling basically on the grounds of "I didn't like the adjudicator and their decision". Thankfully, the appeal got thrown out. You need to have new evidence or substantial faults in the original decision etc.

However, the next step after the tribunal finding is actually getting the money (like the ex landlord said - You're not getting a cent), and this can be a whole lot harder, you may have additional hearings, may need bailiffs seizing property, or being drip fed the money.

[Old Steve]

However, the next step after the tribunal finding is actually getting the money (like the ex landlord said - You're not getting a cent), and this can be a whole lot harder, you may have additional hearings, may need bailiffs seizing property, or being drip fed the money.

However, as the other driver has insurance, won't the Insurance company then have to pay?

[Tazz]

However, as the other driver has insurance, won't the Insurance company then have to pay?

Interesting point. Since he has denied liability/fault maybe there is something in the contract that washes their hands of it? Any excuse not to pay.

Otherwise it will be up to him to get them to pay as he is being taken to the tribunal, not the insurance company, from the way I understand it anyway.

[LaggyGN]

Best you actually read up. The tribunal finding is final and binding. There are grounds to appeal the finding, but the whole purpose of the tribunal is to keep this crap out of the courts (let them focus on the serious stuff). One side being a retard etc isn't the stuff courts should have to deal with.

We had a previous landlord try to appeal a ruling basically on the grounds of "I didn't like the adjudicator and their decision". Thankfully, the appeal got thrown out. You need to have new evidence or substantial faults in the original decision etc.

However, the next step after the tribunal finding is actually getting the money (like the ex landlord said - You're not getting a cent), and this can be a whole lot harder, you may have additional hearings, may need bailiffs seizing property, or being drip fed the money.

If the tribunal doesn't work then I shall appeal it. I know I'll have to prove why I think it was unfair. If he does his homework and finds a clause in some bill where it's legal to knock people off bikes as long as it's a sunny day, you're wearing a pink shirt, singing the national anthem and there are 3 seagulls visible in your rear view mirror, then I'll take my hat off to him. But from what people here have said sometimes the rulings can go against you if they don't like your shirt, in which case it may be a trivial case but I'll still try to appeal.

I've been looking at all the options for what could happen, but my guess is that he will pay. He had a recent model car, so doesn't look like a dole bludger. Hopefully the possibility of losing it would be enough to deter him from screwing around a court decision.

[Gremlin]

However, as the other driver has insurance, won't the Insurance company then have to pay?

No, the incident is between you and the other party. Insurance only steps in for their client should they wish it, to resolve their claim on their behalf. Should it be through tribunal, the insurance company is not a party to the claim (as they were not involved in the original incident). Your claim is entirely against the other party (named in claim) and if they lose, then they pay the decided costs.

Equally, you can handle an incident between yourself and the other party and not involve your insurance if you so wish. I actually did this once, was the at fault party, dealt with other party's insurance without involving mine. This actually worked out, as the other company didn't have their shit together, gave me different figures, didn't have the proof to backup claims I didn't think reasonable etc. Eventually (a year later) we settled, but they tried threats first. In a normal case in NZ the two companies actually have accounts between each other and cover their own client so things are a lot more automatic (or at least that's my limited understanding). Obviously you still need to inform insurance of the incident, as it's part of your history.

[Tazz]

He was wearing a pink shirt? You never should have trusted him. =P

[Gremlin]

If the tribunal doesn't work then I shall appeal it. I know I'll have to prove why I think it was unfair.

Probably semantics, but no, if you think it was unfair, there are no grounds for appeal. This is probably a good summation of grounds for appeal: http://www.communitylaw.org.nz/commu...unal-decision/

I've found JP's to be terrible at making impartial decisions, often rubber stamping whatever the police say. Judges in my experience are excellent, bollocking whomever they please and everyone has to say "Yes your honour" including police, both sets of lawyers etc. The referees are usually very good, keep control of hearing and give each person their time. It does get a little tricky if the matter is more technical or a subject they have limited understanding of.

[LaggyGN]

Probably semantics, but no, if you think it was unfair, there are no grounds for appeal. This is probably a good summation of grounds for appeal: http://www.communitylaw.org.nz/commu...unal-decision/

I've found JP's to be terrible at making impartial decisions, often rubber stamping whatever the police say. Judges in my experience are excellent, bollocking whomever they please and everyone has to say "Yes your honour" including police, both sets of lawyers etc. The referees are usually very good, keep control of hearing and give each person their time. It does get a little tricky if the matter is more technical or a subject they have limited understanding of.

That's a very useful site, has a lot more information than the official tribunal one I was on. Thanks for that.

[5150]

Since we are talking about insurance. I just had a claim in on a stolen helmet. Yes, I was a dumb arse for leaving my Arai RX7 on my bike mirror while i went into the little boys room.
The lid was 4 years old, but only ever used 4-5 times since I got it as a present. (used my shit lid most of the time and only got it out because of the new bike). Now, back when I got it, it retailed for $1599, even now they are still that much. Ok, so I wasn't naive enough to think I'd get a brand new Arai GP from my insurance company, but at the same time it never accured to me in my wildest dreams that the payment I will get is $320 less my access of $250 for a $1599 lid that I only ever wore hand full of times and was totally spotless. I can'teven buy a new shit chinese helmet for that let alone entry level or even second hand Arai. What fuckin gives with insurance these days. What do i pay my premiums for??? Thieving scumbags.