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Have to pay insurance excess even though 'not my fault'. [VIC]

Discussion in 'Politics, Laws, Government & Insurance' started by oz_johnno, Nov 17, 2009.

  1. As a few of you know, I came of my bike 3 weeks ago.

    Apart from the inconvenience it has caused me, they (insurance Co.) tell me that because the biatch who hit me hasn't put in a claim yet, I have to stump up $700 ($400 base excess + $300 imposed excess) in order to get my bike back.

    I will not get this money back until the other insurance co. has admitted fault or they have recovered all monies from the at fault party.

    When I argued with them about this they said it was in they said it was in their PDS on page 24.....

    "An excess is the amount which you have to pay each time you make a claim. Each excess is printed on the schedule. If following an incident more than one excess applies, you will have to pay the total of all the excesses that apply to you."

    I do not think the wording of the the PDS is very clear that this applies even on 'not at fault' claims.

    Jesus H tapdancing Christ Im :censored: mad

    Now this biatch's actions mean that Im gunna have less money at Christmas time.........

    So much for being nice about it all

  2. Re: Have to pay insurance excess even though 'not my fault'.

    This seems to be happening more often now. A mate of mine crashed avoiding a charity collector (who was booked for J-walking), but since the insurance company can't get cash out of him )or the charity) they say my mate has to pay the excess and have it as his fault until the guy pays in full.
  3. Re: Have to pay insurance excess even though 'not my fault'.

    If it was me I'd name the insurance company who has let me down. They should have told you not to make a claim, and pursued the other party through her insurer for you.
    (although, if the culprit was uninsured you would still have to stump up the excess, and chase her independently).
    Insurance laws need a shakeup IMHO.
  4. do you have legal cover through your insurance? if so I'd be getting them to recover your costs from her regardless
  5. That SUCKS!!
    As I've said many times before, 3rd Party Insurance should be made COMPULSORY as part of a vehicle's Reg.
  6. My old man went through this process, sent a letter to the ombudsmen was sorted out straight away. My mother in law who is an insurance Broker, said to him he shouldn't of paid it in the first place.
  7. Which insurance company is this?
  8. Re: Have to pay insurance excess even though 'not my fault'.

    Lesson learned? Take 'em out. :biker:
  9. I would love to shout the companies name from the rooftops but $700 makes a big enough hole in my bank balance without getting sued !!

    send me a PM Grue if you want to talk about the weather......8-[

  10. Western QBE do this. That's why I cancelled my policy with them. I can't believe I'm being so polite about this.
  11. Most insurance companies do this.
  12. I had the opposite experience with Western QBE, I was told that I would not have to pay the excess, merely forfeit the remainder of the years premium. Annoying, but understandable.
  13. Isn't this in everyones PDS though? I trawled through (most of) the big names when I was looking for cover, everyone says you're liable for excess when making a claim, and if you're found to be not at fault then the excess will be refunded/NCB not affected. Should've read the PDS.
  14. Except in some cases they might 'choose' to not refund it if they cannot recover all funds fromt he other party. Even if you are deemed not at fault.
  15. Standard practice, though most insurers say "you may have to pay one or more excesses, even if another party is at fault, and you can identify them" or words to that effect, rather than you definitely have to pay the excesses up front.

    Sometimes you can claim financial difficulty and avoid paying the excesses. However, if the insurer cannot recover all costs from the other party, you will have to pay the excesses eventually. If claiming financial difficulty doesn't work, and you have any sort of legitimate case for it, go to the ombudsman.

    If they don't accept your request, they wont pursue the other party until you do pay, in most cases.
  16. *winks and touches side of nose*

    My insurance company says that they have a 'no fault' zero excess with other products, where by if they deem that your not at fault they will waive the excess, but not for bikes.....

    I called the ombudsman who told me to suck shit (but in a nicer way)

    No joy there.......

  17. Just found out im having the same problems as you mate, and im strapped for cash as i just put all my money down on the deposit for the bike :'(
  18. financial difficulty
  19. Ill give it a go, thanks RoderickGI
  20. I thought most insurers do this?