Insurance Claim Question

[FanieFiets]

 

 

The only concern I have with your post is where you state that the 3rd party admitted liability in this regard. As a word of advice to Hubbers never ever ever ever admit liability even though the fault may be 100% yours. If you admit liability you are in essence prejudicing your Insurers rights to defend any action and they are therefore within their right to repudiate your claim. Just state that you will notify your Insurers and leave it at that!

 

So true. When a drunk person drives into you, get his details and help him with his getaway.....the insurer wont pay out if they know he was drunk and chances are you wont get you money.

 

[Tumbleweed]

 

The only concern I have with your post is where you state that the 3rd party admitted liability in this regard. As a word of advice to Hubbers never ever ever ever admit liability even though the fault may be 100% yours. If you admit liability you are in essence prejudicing your Insurers rights to defend any action and they are therefore within their right to repudiate your claim. Just state that you will notify your Insurers and leave it at that!

So true. When a drunk person drives into you' date=' get his details and help him with his getaway.....the insurer wont pay out if they know he was drunk and chances are you wont get you money.
[/quote']

 

really? wouldn't the other guy's insurance be obliged to sort out your car then hit him/her for the costs? just curious.

[ewep]

HR, I am insured through Cyclesure and was hijack last year June.  The people at Cyclesure was great, really sympathetic, etc, etc.  The assessor sucked though, but they paid out my bike within 2.5 weeks.

 

The only problem I had with the whole experience is that it was MY responsibility to follow up and query and question the assessor.  And he made me feel like I went out of my way to get hijacked.  I was even told that I should not train in the morning.

 

[Tumbleweed]

HR' date=' I am insured through Cyclesure and was hijack last year June.  The people at Cyclesure was great, really sympathetic, etc, etc.  The assessor sucked though, but they paid out my bike within 2.5 weeks.

The only problem I had with the whole experience is that it was MY responsibility to follow up and query and question the assessor.  And he made me feel like I went out of my way to get hijacked.  I was even told that I should not train in the morning.
[/quote']

 

assessors are idiots. it took four or five of them to look at my beetle before they decided to write it off. musta cost santam a fortune, cos they paid me out the full insured amount - R35000 - and had to pay for the car to be towed from hazyview to benoni. hate to think what that cost! 

[steve]

effectively, when you drive drunk you are not insured.......... !!

 

This leads to all sorts of problems so if a drunk hits you it means your insurance takesthe knock ............. weird, no?

[Tumbleweed]

very weird steve.

 

must relate a story about drunk drivers. a rather inebriated girl hit three cars - took the the bumper of a gti, before nudging a c-class merc into a brand-new discovery. needless to say, the owners were irate. cops were on the scene within minutes. don't know if was the right thing to do, but my mate, who was one of the keg's manager, took the girl, the owners of the damaged vehicles and the cops into the office and made the girl promise to contact each of the owners the next day and make a plan to pay their excesses. the cops agreed not too breathalyse her. and to her credit, she did make contact and, as far as i know, paid up. it coulda cost her a lot more. hope the silly girl learnt her lesson.

 

 

 

[widget]

Legally, its not your fault if SOMEONE else drives under the influence and in doing so causes an accident.

 

As long as YOU were sober your insurer has an obligation to pay damages under these circumstances.

 

I cant imagine any insurer will argue this point - its a loosing battle.

 

...........but Yes, as has been mentioned, an insurer has an obligation to put you back into the same position you were before the accident.

 

The insurer also has an obligation to ensure the repair is safe and in line with manufacturers specs, (ie) if it can be proven a dented frame could not be corrected without damaging the integrity of the material, the insurer is obliged to replace the frame - they cannot repair something to sub standard specifications (ie) only cosmetically - if there is underlying structural damage.

 

[CaptainDura]

So true. When a drunk person drives into you' date=' get his details and help him with his getaway.....the insurer wont pay out if they know he was drunk and chances are you wont get you money.
[/quote']

 

Fanie, Baie goeie raad

[AndreZA]

...........but Yes' date=' as has been mentioned, an insurer has an obligation to put you back into the same position you were before the accident.

 [/quote']

 

I had a big fight with the insurance company regardign this. When I was in a car accident and they wanted to fit second hand parts. They also said they will put the car in the same state as it was before the accident. I just pointed to them that the car did not have second, repainted parts on it before the accident. I will accept second hand part if they can use onces that came from the factory in the same condition and base treatment as the one they are removing. Imn the end they replaced it with new ones.

[FanieFiets]

 

 

The only concern I have with your post is where you state that the 3rd party admitted liability in this regard. As a word of advice to Hubbers never ever ever ever admit liability even though the fault may be 100% yours. If you admit liability you are in essence prejudicing your Insurers rights to defend any action and they are therefore within their right to repudiate your claim. Just state that you will notify your Insurers and leave it at that!

 

So true. When a drunk person drives into you' date=' get his details and help him with his getaway.....the insurer wont pay out if they know he was drunk and chances are you wont get you money.

[/quote']

 

really? wouldn't the other guy's insurance be obliged to sort out your car then hit him/her for the costs? just curious.

 

nope, insurance doesnt cover you if in accident when drunk. You must then sue him in his personal capacity. Lots of costs and moeite and if he doesnt have the money, tough sh*t.

 

[widget]

'nope, insurance doesnt cover you if in accident when drunk. You must then sue him in his personal capacity. Lots of costs and moeite and if he doesnt have the money, tough sh*t."

 

............I think you need to clarify your point Fanie as I think its causing some misunderstanding - you are correct in saying "an insurance will not cover somebody when under the influence" however, should you be involved in an accident with a drunk party "your own insurance has an obligation to pay damages to you" - after all you have no control over the 3 rd party.

 

........however, his insurance would decline his claim.

Unfortunately, should you not have insurance - well yes, you would need to take legal action against him to recover your loss - however, its a fairly simple process and if you can prove he was under the influence of drugs or alcohol its a fairly water tight case - you just have to hope he has assets. and have a lot of patience - the wheels of justice turn slowly.

[Psycho]

Few things here......

 

First: Cyclesure has absolutely NO SERVICE, DON'T THINK THEY KNOW THE MEANING OF THE WORD.....Yes I am talking from experience here.... Yes they have offered to send me a lend bike so I can keep riding after my fall and HAD to send my bike to them to make an assesment of the damage Upon hearing this I told the lady over the phone that maybe it will be better for me to insure with someone who has an assesor in Bloem, upon which I was told : " AS dit is wat jy wil doen, dan moet jy dit doen"

So there was no attempt to reasure me that they are the best, no attempt to keep me as a customer ( I've been insured with them for 5yrs+ and never had any claims) worst of all, this was one of the Directors....

 

Second: Not only was my frame dented and damaged and scratched but also a cable retaining bracket broke of and the rivets holding it in place started pulling out of the frame My Bike was insured for R38000.00....

Ergo's were scracthed and one broken, wheels bent, and rear der damaged ass well that the chain blades bent a bit and saddle damaged.....

THEY told my LBS to "trek die wiele reg" and also when he told them this is not what the customer wants, he was told... "Ons sal dit doen" Since when is it you're insurance that decides what shall be done and how it will be done....

 

I was told that they will replace the one Ergo that was broken, and after explaining "very nicely" that he other one was scratched they said that they will look and let me know, however I did ask them if they only replace the one Ergo and leave the other this means I will have a 2002 Ergo (Alu) and a 2007 Ergo (Carbon) and the reply was " Ja, dit is maar hoe dit werk"

BULL TWANG, Its not how it works.... I had an accident with my car a few years ago, and the damage on the bumper was purely cosmetic, however I insisted on a new bumper and a new bumper was fitted NO QUESTIONS ASKED!!!!!!!!!!! NOW WHAT MAKES THIS DIFFERENT, my bike insurance cost the same as my car (almost)

 

Third: They received my bike and the assesor decided they needed a second opinion, then it was decided that hey will send the frame for stress testing upon which it was decided that the damage is cosmetic and they will fix it......

SO SOMEONE IS GOING TO BE DRILLING AND RIVETING ONTO MY FRAME!!!!!!!!!!!!!!!!!!  I was told that this is the only person thats allowed to work on "C" without forfeitting the warranty... Pitty my bike is a Fondreist hey.....

Also I would like to know how they get the dents out of the frame?? Or do they use bodyputty

When asked what guarantee they will give me on the work done? "Watse waarborg soek jy" was the reply.......

 

Fourth: You will spend plenty phone calls to them trying to find out whats going on, and if they say I'll phone you back...... please do know that chances are good that you'll end up having to phone them again....

 

This is just to list a few things thats been happening the past weeks.....

 

Just wondering who will be happy with this???

 

[widget]

Hmmm, sounds grim Psycho, - I think a big problem is the lack of standards in the cycling industry.

There is no official "frame repair guide" from the manufacturers like in the Auto industry, by which the insurer can judge and set standards, so, they rely on the retailer who may or may not be that competant and may or may not know what to do, and unfortunately, in many cases, may just see an insurance claim as a means of making a quick sale - which is something the insurer will be loathe to support.

I dont know the answer, except to maybe engage the insurer and refine your policy - (ie) perhaps pay a slightly higher premium, but on the basis of a "replacement clause" in place of a "repair clause"?

 

[FanieFiets]

 

Few things here......

 

First: Cyclesure has absolutely NO SERVICE' date=' DON'T THINK THEY KNOW THE MEANING OF THE WORD.....Yes I am talking from experience here.... Yes they have offered to send me a lend bike so I can keep riding after my fall and HAD to send my bike to them to make an assesment of the damage Upon hearing this I told the lady over the phone that maybe it will be better for me to insure with someone who has an assesor in Bloem, upon which I was told : " AS dit is wat jy wil doen, dan moet jy dit doen"

So there was no attempt to reasure me that they are the best, no attempt to keep me as a customer ( I've been insured with them for 5yrs+ and never had any claims) worst of all, this was one of the Directors....

 

Second: Not only was my frame dented and damaged and scratched but also a cable retaining bracket broke of and the rivets holding it in place started pulling out of the frame My Bike was insured for R38000.00....

Ergo's were scracthed and one broken, wheels bent, and rear der damaged ass well that the chain blades bent a bit and saddle damaged.....

THEY told my LBS to "trek die wiele reg" and also when he told them this is not what the customer wants, he was told... "Ons sal dit doen" Since when is it you're insurance that decides what shall be done and how it will be done....

 

I was told that they will replace the one Ergo that was broken, and after explaining "very nicely" that he other one was scratched they said that they will look and let me know, however I did ask them if they only replace the one Ergo and leave the other this means I will have a 2002 Ergo (Alu) and a 2007 Ergo (Carbon) and the reply was " Ja, dit is maar hoe dit werk"

BULL TWANG, Its not how it works.... I had an accident with my car a few years ago, and the damage on the bumper was purely cosmetic, however I insisted on a new bumper and a new bumper was fitted NO QUESTIONS ASKED!!!!!!!!!!! NOW WHAT MAKES THIS DIFFERENT, my bike insurance cost the same as my car (almost)

 

Third: They received my bike and the assesor decided they needed a second opinion, then it was decided that hey will send the frame for stress testing upon which it was decided that the damage is cosmetic and they will fix it......

SO SOMEONE IS GOING TO BE DRILLING AND RIVETING ONTO MY FRAME!!!!!!!!!!!!!!!!!!  I was told that this is the only person thats allowed to work on "C" without forfeitting the warranty... Pitty my bike is a Fondreist hey.....

Also I would like to know how they get the dents out of the frame?? Or do they use bodyputty

When asked what guarantee they will give me on the work done? "Watse waarborg soek jy" was the reply.......

 

Fourth: You will spend plenty phone calls to them trying to find out whats going on, and if they say I'll phone you back...... please do know that chances are good that you'll end up having to phone them again....

 

This is just to list a few things thats been happening the past weeks.....

 

Just wondering who will be happy with this???

 

[/quote']

 

Phone them and tell them the bike was stolen. Sounds easier.

 

[FanieFiets]

 

'nope' date=' insurance doesnt cover you if in accident when drunk. You must then sue him in his personal capacity. Lots of costs and moeite and if he doesnt have the money, tough sh*t."

 

............I think you need to clarify your point Fanie as I think its causing some misunderstanding - you are correct in saying "an insurance will not cover somebody when under the influence" however, should you be involved in an accident with a drunk party "your own insurance has an obligation to pay damages to you" - after all you have no control over the 3 rd party.

 

........however, his insurance would decline his claim.

Unfortunately, should you not have insurance - well yes, you would need to take legal action against him to recover your loss - however, its a fairly simple process and if you can prove he was under the influence of drugs or alcohol its a fairly water tight case - you just have to hope he has assets. and have a lot of patience - the wheels of justice turn slowly.

[/quote']

 

True, if he doesnt have cover, due to over the influence or any other reason, the insurance must re-coup the cost from the person, but you will get your money.

 

[Psycho]

LoL Fanie, Problem they still have the bike after I was told " nee hy sal Vrydag klaar wees dan stuur hulle die fiets" so its Wednesday today still no bike.....

 

Phoned them yesterday, no we will find out and phone you.... This morning I PHONED THEM (AGAIN) and the reply..... The bike shop is replacing more parts than necc so they will finish today and send it.....

 

So I guess we wait and see... nogsteeds

 

But somehow I think Fanie has the right idea but then they'll send someone to Bloem to come and look at my house or where ever the bike got stolen, and then they'll won't want to pay out because the door inside the house wasn't locked to the cycling room, after the thief got past my killer dogs, electric fence, alarm and burglar proofing......