Insurance Claim Gone Sour

EBII Fairmont · 21-04-2006, 01:32 PM

Back in September last year, my car was involbed in an accident.

Anyway it has got to a point were the insurance company is just trying to get us to pay for her car, even though we do not admit to fault.

I am about to approach the insurance ombudsman, and I just wanted to know if any people on here have ever dealt with them, and if it was a good service and worthy of doing.

Thank you very much for your time.

AshMan · 21-04-2006, 01:34 PM

They are good to deal with, very helpful.

Kommandant · 21-04-2006, 03:31 PM

It would seem about 90% of cases dealing with Insurance companies go 'sour'

Sorry to hear about your predicament, hope you get it all sorted out mate.

Penelope Pitstop · 21-04-2006, 03:42 PM

Quote:

Originally Posted by Kommandant

It would seem about 90% of cases dealing with Insurance companies go 'sour'

What a gross exaggeration....

_

The Ombudsman is there for a reason if you are dissatisfied and feel you are getting nowhere contact them and see what your next steps are.

Focussed · 21-04-2006, 03:52 PM

[QUOTE=Kommandant]It would seem about 90% of cases dealing with Insurance companies go 'sour'

where did you pull that figure from? don't worry, I know where from...
I work in the insurance industry and insurance companies HAVE TO pay legitimate claims. Its part of the insurance contracts act 1984.
however some companies use a lot of red tape to avoid doing so, which is unfair cos it gives the entire industry a bad name.

Kommandant · 21-04-2006, 03:59 PM

It was meant to be an over exaggerated claim

Sorry, sarcasm doesn't come out too well on the internet.

RG · 21-04-2006, 04:02 PM

Quote:

Originally Posted by Focussed

where did you pull that figure from? don't worry, I know where from...
I work in the insurance industry and insurance companies HAVE TO pay legitimate claims. Its part of the insurance contracts act 1984.
however some companies use a lot of red tape to avoid doing so, which is unfair cos it gives the entire industry a bad name.

There is a reason why the industry has a bad name, and it is a good reason. I have had to make two claims recently, one car and one home. Both not at fault, big scratch left by some fool down side of car and storm damage to roof of house. Both insurance companies trying to claim that it is my fault. How is that fair?

flappist · 21-04-2006, 04:51 PM

Quote:

Originally Posted by Penelope Pitstop

What a gross exaggeration....

_

The Ombudsman is there for a reason if you are dissatisfied and feel you are getting nowhere contact them and see what your next steps are.

It would only be a gross exageration if 144% went sour.....

That would mean dozens of dozens of them were buggered up wouldn't it.

:

EBII Fairmont · 21-04-2006, 05:28 PM

Quote:

Originally Posted by GreenEL

There is a reason why the industry has a bad name, and it is a good reason. I have had to make two claims recently, one car and one home. Both not at fault, big scratch left by some fool down side of car and storm damage to roof of house. Both insurance companies trying to claim that it is my fault. How is that fair?

When you open your wallet, they love you, but when it comes to a claim, they can't give a rats *** about you.

The cow that was driving the other car started telling them this bogus story, that my dad went flying passed her (going parallel), and the front of my car connected to her car. But she actually turned and caught my front left door all the way until the rear wheel.

I sent photos to them, and had the apnel beater who looked at it the next day to confirm she was lieing. But they refuse to budge. They want me to fork out the excess when my dad was the one clearly driving it.

Insurance companies are a joke. But unfortunately it is something that is needed.

Yaw · 21-04-2006, 09:36 PM

You might want to look at some of the determinations and just how things are gone about at the ombudsman.

http://www.insuranceombudsman.com.au...id=1&PageID=23

MoreHPformyXR6 · 21-04-2006, 09:53 PM

My car insurance is with Allianz via my Broker its the same price as i could get it if i went & applied online with them but my policy is better worded & comes with a couple of extras. My family eg Mum & Dad brother etc have dealt with this guy for 30 plus years & have never had a problem with an insurance claim. My Mum's house was broken into about 7 years ago & a stack of stuff was stolen. TV's Jewllery cash & approx 700 of my brothers CD's. Our next door neighbour said you will have all sorts of trouble with the claim. You will need receipts for everything etc. Mum rang our broker & he arranged the loss adjuster the following day - he was there for two & half hours wrote up everything (mum showed him empty TV boxes Playstation boxes we had etc) & signed the form he wote up. Everything was replaced new for old within the week no dramas. I was chating to my insurance broker one day & he told me about a client that had purchased a new Pajero top of the range had for a couple of days & his fourteen year old son washed it on the front lawn with keys in ignition. His son went inside for 5mins came out car was gone. The insurance Co. was not going to pay out as keys where in car Broker said to the insurance company would you like me to take my take 5000 plus clients I have with you else where - they paid out.
Its a great comfort to me to know that when I may need to claim via Insurance i wont be stuffed around. Grant my broker at MGA Insurance Brokers has always said if there are any problems what so ever with a claim for me to contact him direct. Touch wood I never have had a problem.

LTDHO · 22-04-2006, 08:16 AM

One of the big problemas now days EBII Fairmont is that everyone is content pointing the finger at the other person, no one is responsible for their actions anymore.
Car 'A' can can fail to stop at a stop sign hit car 'B' on a major road and 'A' will say it was 'B's fault. People are gutless today. Unfortunately this make the life of a claims consultant very difficult.

Quote:

Originally Posted by EBII Fairmont

When you open your wallet, they love you, but when it comes to a claim, they can't give a rats *** about you.

This is the biggest load of ИИИИИ I have ever heard, it is made by sooks that can't handle the truth. The fact is Insurance companies pay within 5 to 10 days. You have 14 to 21 days to pay them!

Quote:

Originally Posted by EBII Fairmont

Insurance companies are a joke. But unfortunately it is something that is needed.

Try looking at it from another perspective other than your own. Insurence companies have to look at both, you should look at both and see how strong your case actually is, then provide the information that they would need.

I would.

RG · 22-04-2006, 08:22 AM

Quote:

Originally Posted by LTDHO

One of the big problemas now days EBII Fairmont is that everyone is content pointing the finger at the other person, no one is responsible for their actions anymore.
Car 'A' can can fail to stop at a stop sign hit car 'B' on a major road and 'A' will say it was 'B's fault. People are gutless today. Unfortunately this make the life of a claims consultant very difficult.

This is the biggest load of ИИИИИ I have ever heard, it is made by sooks that can't handle the truth. The fact is Insurance companies pay within 5 to 10 days. You have 14 to 21 days to pay them!

Try looking at it from another perspective other than your own. Insurence companies have to look at both, you should look at both and see how strong your case actually is, then provide the information that they would need.

I would.

So how would it be my fault that some idiot ran a trolley down the side of my car? I also don't have 14 - 21 days to pay them, excess is due when I pick the car up, no excess no car.

rag top · 22-04-2006, 08:33 AM

Quote:

Originally Posted by GreenEL

So how would it be my fault that some idiot ran a trolley down the side of my car? I also don't have 14 - 21 days to pay them, excess is due when I pick the car up, no excess no car.

Have you read your policy??
Do you know who ran the trolley down the side of your car??
Insurance companies normally chase the party at fault, if you can identify the other party. If you can't then the policy holder is deemed to pay the excess.

pauly85 · 22-04-2006, 08:35 AM

Quote:

Originally Posted by GreenEL

So how would it be my fault that some idiot ran a trolley down the side of my car? I also don't have 14 - 21 days to pay them, excess is due when I pick the car up, no excess no car.

its not your fault that someone ran a trolley into your car, but u want it fixed and cannot provide the person that is at fault, so u have to pay, it sucks but thats life mate

RG · 22-04-2006, 08:40 AM

Quote:

Originally Posted by pauly85

its not your fault that someone ran a trolley into your car, but u want it fixed and cannot provide the person that is at fault, so u have to pay, it sucks but thats life mate

I don't have a problem paying the excess, sure beats paying the repairs, but I don't think what LTDHO said was fair. Especially since LTDHO was responding to a comment made by someone that had responded to me.

Doogstar · 22-04-2006, 08:57 AM

EBII, Did you have any insurance? Third party at least? I am guessing no, otherwise your insurance company would be fighting her insurance company on your behalf.

Or have I got the wrong end of the stick?

OLDFORDNUT · 22-04-2006, 09:26 AM

i just read a few of the PDF files from insurance ombudsman and cant believe this one(case number 24201) ,she was obviously under the influence yet she won,
im amazed,quite scary,i dont like this insurance company (RACQ) but know some are quite good and fair, but in this case i dont blame them one bit for disputing girls claim.

muppet · 22-04-2006, 10:18 AM

Quote:

Originally Posted by LTDHO

One of the big problemas now days EBII Fairmont is that everyone is content pointing the finger at the other person, no one is responsible for their actions anymore.
Car 'A' can can fail to stop at a stop sign hit car 'B' on a major road and 'A' will say it was 'B's fault. People are gutless today. Unfortunately this make the life of a claims consultant very difficult..

How true this is. I had a crash at a set of lights . I was sitting at the lights and when they went green so of I went and this stupid b!tch went through the red light . The only problem was that I hit her because my whife grabbed my arm and I instinctively put the brakes on so I T boned her. I if had not braked she would have T boned me right in the drivers side door doing 60 k's. Because there was no witnesses she just said she went through a green light and they made me pay because you have to give way to your'e right and because I hit her . I tryed to say to the insurance company that we should both have to pay because one of us was not telling the truth. They said no in this case we take away the lights and apply the normal road rules WTF this is a 4 lane each way intersection. So I had to pay my $450 excess and she had to pay nothing you would expect a bit of honesty from a school teacher but no she just lied and got away with it. We where both insured with AAMI . This was the first crash I have had in 20 years of driving and the first insurance claim but that counted for nothing. It is allways all about the money no one takes resposability for their actions because it will cost them money. If she had to pay for her car maybe she might learn something but no she is driving around thinking she got away with it . I just hope the next time she does it she doesn't kill someone. Oh and my 7 year old son was in the back seat right behind me so if she T boned me he would have been hit too. She had a baby on board sticker on the back of her car and was late and rushing to pick her kid up from daycare.

EBII Fairmont · 22-04-2006, 01:48 PM

Quote:

Originally Posted by LTDHO

One of the big problemas now days EBII Fairmont is that everyone is content pointing the finger at the other person, no one is responsible for their actions anymore.
Car 'A' can can fail to stop at a stop sign hit car 'B' on a major road and 'A' will say it was 'B's fault. People are gutless today. Unfortunately this make the life of a claims consultant very difficult.

This is the biggest load of ИИИИИ I have ever heard, it is made by sooks that can't handle the truth. The fact is Insurance companies pay within 5 to 10 days. You have 14 to 21 days to pay them!

Try looking at it from another perspective other than your own. Insurence companies have to look at both, you should look at both and see how strong your case actually is, then provide the information that they would need.

I would.

Everyone points the finger at one another. But when the insurance company for one reason or another, has put in false information to make it look like its my fault is not on. Plus I wasn't driving the car, so how can I possible be asked to lose my rating and fork out $850. These morons know they will lose in court. The problem is I have been working my *** off to be able to afford court fees. My dad is not made of money to be able to thro it here and there.

I refuse to loock at their perspective. From day one my dad was not given a chance to put our side forth. The somehow lost all the photos, statutory declaration, Vicroads letter and law on what should happen. How the hell did they lose that information, and tell me that i'm a lier. Even though my dad had sent it to the insurance company and they signed that the y accepted it. My dad has the receipt and when we showed them the copy, they came up with a nother bullИИИИ story bout how we are trying to exploit the system.

These people don't give a rats ***. The damage bill on her car is only $400. The damage on mine comes out to $1600, and because they have seen the photos and know roughly how much it costs to fix mine, i believe they don't won't to know me.

There have been two previous accidents in my family caused by my brother and sister. They admitted it was their fault. I would never lie my way through to get something. This insurance company has lied and decieved me plenty of times now. The most annoying thing is, my dad has never had a mark put against his name. He never once in his life caused an accident and therefore I will always take his word and believe him on this one that he is not at fault.

EBII Fairmont · 22-04-2006, 02:02 PM

Quote:

Originally Posted by Doogstar

EBII, Did you have any insurance? Third party at least? I am guessing no, otherwise your insurance company would be fighting her insurance company on your behalf.

Or have I got the wrong end of the stick?

Well you guessed wrong and shouldn't guessed. As I stated earlier, as much as I hate insurance companies, you need it. If i ever hit a beamer or merc, there is no way i could fork out repairs on such a thing.

My insurance company won't fight for me, because the idiot who hit my car is with the same insurance. This insurance company, which i don't wanna name until this ordeal, have spat in our faces and tolled us pretty much where to go.

I didn't put this post up at all to cop it from people who think that I am doing something dodgy. This is a legit claim, I have been short changed, and I will fight it to the death. Even if it gets to the point where I sell my car to keep fighting. These assholes have chosen the wrong person to try pull something like this over. Just because they are made of money and I'm not, does not mean they can exploit me for their own benefit. I will not allow a mark to be put against my name because some idiot decides to give false information. This woman thought by just giveing her name and ИИИИing off from the seen was a good idea and would never find her.

This case from day one has been filled with lies all pointed to me when i was not even at the scene. This is not on. I am only 21 years old, and my main focus is to finish uni and get a job. Not some scam artrist who thinks they commit fraud and get away with it.

LTDHO · 22-04-2006, 02:12 PM

Quote:

Originally Posted by GreenEL

So how would it be my fault that some idiot ran a trolley down the side of my car? I also don't have 14 - 21 days to pay them, excess is due when I pick the car up, no excess no car.

I didn't say it was your fault. As you have read your policy you know that an excess applies if you can not provide the details of the at fault party.
14-21 is for premium not excess. Excess is to be paid at completion of repairs. You would have been told this when you booked your car in.
My response was regarding how you are not loved until "you open your wallet". When you claim and not at fault, the claim will be handled the same, so no opening of wallet.

Quote:

Originally Posted by EBII Fairmont

Everyone points the finger at one another. But when the insurance company for one reason or another, has put in false information to make it look like its my fault is not on

An insurence company will not put in false information on your behalf. It is a very high risk that they would not take. They could easily be caught and be heavily fined.

Quote:

Originally Posted by EBII Fairmont

Plus I wasn't driving the car, so how can I possible be asked to lose my rating and fork out $850.

Your policy, your claim and your excess, pretty simple.

Quote:

Originally Posted by EBII Fairmont

I refuse to loock at their perspective. From day one my dad was not given a chance to put our side forth

If you choose to look at it from one side, that's your call. If your dad was not given the opportunity to submit a full version of events, then ask the insurer why? If they don't give you a decent answer, speak with the manager. This will get it sorted for you.

Quote:

Originally Posted by EBII Fairmont

These people don't give a rats ***. The damage bill on her car is only $400. The damage on mine comes out to $1600, and because they have seen the photos and know roughly how much it costs to fix mine, i believe they don't won't to know me.

Who is 'they'? The other person will not care for your car. Your insurer should fix it.

Quote:

Originally Posted by EBII Fairmont

This insurance company has lied and decieved me plenty of times now

If they have infact done this, I would not hesitate and I would go straight to the Omsbudsman. I would have called straght after I was decieved. This is a major break of the Insurence Contracts Act and your insurer will be fined hundres of thousands of dollars.

Quote:

Originally Posted by EBII Fairmont

My insurance company won't fight for me, because the idiot who hit my car is with the same insurance.

This is (or should be) irrelivent. Each claim is handled on it's merits and not bias.

EBII Fairmont · 22-04-2006, 02:28 PM

The reason I have put this up, is to find out how people have been treated with the ombudsmen as i initially intended it to be. I didn't want to go into all the crap that has so far come out of this. The reason why I have not done anything for so long, is because my dad knows once i have the money, this will go to court. My dad wants to have it settled outside of court and in a respectful manner from our side.

But as I stated to my dad the other day, they haven't listened to us from day one and won't listen to us now. There has to be two sides to each story. Well this insurance compny don't think there is another side to it.

I want to go to the ombudsmen to hopefully get the rights they stripped me off from day one. I gave the insurance company a chance to redeem themselves, but keep throwing the chance to treat us like people away.

As i said earlier, this has not gone to court because my dad is poor, so is my mum and so am I. With my hole family working and my brother, sister and myself studying can only pull in enough to just get by from week to week. I barely have enough to go out on the weekened and it ИИИИes me off when I get treated like ИИИИ.

RG · 22-04-2006, 02:36 PM

LTDHO expression is hard to read on the screen, if I misinterpreted what you said I do apologise

: . I have no problem with paying the excess as, as I said in another post, it beats paying the cost of repairs and I also get a rental car through them. What i'm not happy with is the way that it was handled by the insurance co. with them saying that it was going to affect my premium unless it was malicious damage, for the record if you don't know who did it it can't be malicious. I have finally been able to sort it all out after numerous phone calls, being fed mis-information and near arguments. The Police report that I have says that it is criminal damage and somehow that is now going to be enough for them, after being told several times that it wasn't. I was also told that my argument was false on more than one occasion because I couldn't provide a police incident number, something Victoria Police don't issue anymore, until I finally spoke to someone who knew what the correct procedure was. Sorry about the length of the post, but I feel much better now.

LTDHO · 22-04-2006, 02:51 PM

Quote:

Originally Posted by EBII Fairmont

The reason I have put this up, is to find out how people have been treated with the ombudsmen as i initially intended it to be. I didn't want to go into all the crap that has so far come out of this. The reason why I have not done anything for so long, is because my dad knows once i have the money, this will go to court. My dad wants to have it settled outside of court and in a respectful manner from our side.

But as I stated to my dad the other day, they haven't listened to us from day one and won't listen to us now. There has to be two sides to each story. Well this insurance compny don't think there is another side to it.

I want to go to the ombudsmen to hopefully get the rights they stripped me off from day one. I gave the insurance company a chance to redeem themselves, but keep throwing the chance to treat us like people away.

As i said earlier, this has not gone to court because my dad is poor, so is my mum and so am I. With my hole family working and my brother, sister and myself studying can only pull in enough to just get by from week to week. I barely have enough to go out on the weekened and it ИИИИes me off when I get treated like ИИИИ.

Cool no prob's, I was just helping you. As it didn't seem you were on the right track.
I know that if you have a case against the insurance company, then you will definately win. The Omsbudsman can be bias against them.

GreenEL - no prob's, I should've been more clear also.

I've had some conection with insurence companies for years and know how they work and to get the best result. EBII Fairmont. perhaps ya should've asked here earlier

Sincere good luck and hope you get a positive solution.

JC · 22-04-2006, 02:56 PM

Did you put in a police report? If so, go and get a copy of it and take it to the ombudsman, along with the photos etc, assuming you still have copies.

If your dad is in the right, this will all work out in the end, maybe with some assistance, but keep going until you are proven right.

EBII Fairmont · 22-04-2006, 03:26 PM

Quote:

Originally Posted by LTDHO

Cool no prob's, I was just helping you. As it didn't seem you were on the right track.
I know that if you have a case against the insurance company, then you will definately win. The Omsbudsman can be bias against them.

I've had some conection with insurence companies for years and know how they work and to get the best result. EBII Fairmont. perhaps ya should've asked here earlier

Sincere good luck and hope you get a positive solution.

Thanks HO. this just really annoys me. raises my blood pressure a couple of noches too many.

EBII Fairmont · 22-04-2006, 03:33 PM

Quote:

Originally Posted by JC

Did you put in a police report? If so, go and get a copy of it and take it to the ombudsman, along with the photos etc, assuming you still have copies.

If your dad is in the right, this will all work out in the end, maybe with some assistance, but keep going until you are proven right.

We didn't get a report. When the accident happen, some dude cracked it because my dad kept on asking her why she did what she did. While my dad and this bystander had a few words too eachother she ИИИИed off.

We went to the police to find out if the details i got of her off the net where true, which in fact they were. She left the scene with only giving us her name. My dad is also old fashion so he refuses to carry a mobile with him.

But from the photos, i have so far got sitting on my pc 1.5gig of letters, photos rules and regulations. When I wne to a lawyer to get some advice, they pretty much told me, that if it ends up in court, to present it to them as i presented it to them. The lawyer gave me some more information and guaranteed me that if I presented it to a court, as I did to her that I would win, and the insurance company and other party would be paying a bit more than just excess and the damage to my car.

RG · 22-04-2006, 03:43 PM

If you do get it to court and it is a strong case there are plenty of solicitors that take on no win no fee cases.

Yaw · 23-04-2006, 07:42 AM

Quote:

Originally Posted by EBII Fairmont

The reason I have put this up, is to find out how people have been treated with the ombudsmen as i initially intended it to be. I didn't want to go into all the crap that has so far come out of this. The reason why I have not done anything for so long, is because my dad knows once i have the money, this will go to court. My dad wants to have it settled outside of court and in a respectful manner from our side.

What are you talking about??????????????????????
Going to the Ombudsman is FREE, no charge, not a brass razoo to you.
It does however cost the insurance company minimum $4000.00
by the time you look at the ombudsmans charges (they charge the company not the plaintif and that is true win lose or draw, The insuarnce company has to pay wages to people to set out thier case actually go to the ombudsman etc etc) So by the time a claim gets to the ombudsman the insuance company will have thier bases covered otherwise they would have just paid out as it clearly seems the cheaper option if they do not think they are right.
If after the ombudsman you decide to take it further (if the ombudman finds in favor of the insrance company) its time to take a chill pill and let it go because the Obudsman has to use all relevant contracts, eveidence, laws and acts to make its descion. After all that its pretty safe to say you won't win in court either.