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QLD How can you possibly make a "no fault" claim?

Discussion in 'Politics, Laws, Government & Insurance' started by fruechtel, May 29, 2016.

  1. Unfortunately I had to make a claim under my insurance policy as I was involved in an accident recently, which resulted in my maxi scooter being written off. I was rammed by a car in a roundabout by an old lady who was exiting from the inside lane and “ did not see me”. Police happened to come by within seconds, but as soon as it became apparent that no ambulance was needed they lost all interest and refused to be involved in determining who the guilty party was.

    I lodged a claim with AAMI and was immediately asked to pay my $ 400 excess. When I asked them how they determine who is the guilty party, they explained that: we have your story and will get the “ other insurer’s version” and will then determine the guilt factor.

    How can this process ever possibly result in a “no fault claim”, which will give me my excess and claim free status back? All policies forbid the insured to make an admission of guilt regardless of what happened. The old lady who rammed me was quite clear in stating at the time of the accident, that she simply did not see me. Obviously this is not going to be in her insurance company’s report and a “no guilty version” will emerge as a result of her insurer’s interference.

    For the insured it is a no win situation but the outcome for both insurers is that they will get to collect their excess payment and will benefit from the change in the no claim status of their customers. It surely does not help that nearly all insurers are owned by two gigantic companies in Australia and therefore don’t have any interest to harm each other.

  2. Get a copy of the police report. Was a traffic infringement was issued again the other party? If so, inform your insurance company and they can get confirmation - goes towards fault. If not, ask the police why not and escalate if need be.
    If you tell your insurance company that the other person was at fault, they'll make a claim of such to the other parties insurance (if they know it). The other insurance will then make a decision to admit fault and pay, or fight/argue it.
  3. The first thing I do when I have a no fault accident is go straight to the people driving the cars behind me and ask them if they saw the accident and to ask them for their details. This has saved my ass a few times when the at fault driver flips their story and tried to blame me.
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  4. Thanks for comments! Trouble is the cops just did not want to become involved. I specifically asked them whether they could assist in determining whose fault it was and they said: " nothing to do with us, the insurers will sort it out " They took our details and left. They only get involved if an ambulance is needed.
    Strikes me as strange how they are not interested in a traffic accident, but in a person parking in the wrong place or driving 2km/h too fast. :mad:
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  5. I would have loved to do that and it was busy, so there would have been witnesses. Unfortunately, by the time I got back on my legs I had to realize that nobody had stopped. :(
  6. You might find people change their story when they report it. Its happened to me.
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  7. recently file da no fault claim, i had to provide name address rego etc of the other person and didnt have to pay a cent... helps that the other guy admitted fault even after the dust had settled though
  8. I think you were very lucky in this case. Insurance policies generally forbid the policy holder to admit liability or guilt.
  9. ive had several prangs where the person admitted fault and i got my stuff sorted for free? sounds like your insurance company is shite, i would change after this episode
  10. I'm sorry to hear about your troubles, but yeah always involve witnesses. I've only been hit once while I was driving a van and a guy just drove straight into me in a roundabout. I asked some pedestrian witnesses, got their numbers and there was a consensus the other party was at fault and it didn't cost me anything. Nothing makes a guilty party drop the bullsh*t and admit fault like some public pressure.
  11. They don't forbid it, they strongly advise against it.

    The role of the insurance company is to get out of paying out. If you go and admit liability it makes it harder for them to deny a payout. IMHO, denying responsibility when you are at fault is immoral and a waste of people's time and it pisses me off that we have legal and social systems in place that discourage honesty and personal responsibility.
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  12. ive had someone admit fault at the time too, and then later change their mind. didnt matter that there was witnesses that heard the daft cow admit it was her fault, apparently anything you say after an accident doesnt count because you may be in shock!
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  13. I agree with your comments,but the AAMI policy says: What you must not do • do not admit liability or responsibility to anyone to pay for any damage unless we agree; that is more than advice!
  14. The problem is that you don't really find out how they treat you until you make a claim. The one thing that grinds me is that having 5 claim free insurance policies with this company for over 16 years does not account for anything at all. They only focus on signing up new customers and offer extra incentives for doing it online, where you can't ask questions.
  15. To get police involved, remember these magic words: Officer, when I was talking to (other party), I thought I smelled alcohol.
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  16. I am not sure if this would have worked when the other party was a 78 year old lady at 8.30am in the morning; more likely if addressed to the cop :rolleyes:
  17. So fruechtel, let's get the story straight from the other party. You obviously terrified a nice old lady on her way to church this morning. You were on a bike so you obviously were speeding and generally being a uncivilized member of the community. No doubt you have very loud pipes on your scooter, and you were all dressed in black, wearing a helmet just like bank robbers do. Obviously she wanted the police to arrest you, but you managed to talk your way out of that, so being so terrified she admitted guilt just so she could get away from you. Before you started the beating ..... A $400 excess might be cheap compared to the jail time you could have got for assault & battery ?
    Good news that you are only having to deal with property insurance, rather than having to talk to doctors in the hospital. Did you get any minor injuries?
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  18. How do they determine not at fault? Easy.

    Two people provide their versions of what happened. They look at where the accident occurred and what the damage is, then determine who is at fault.

    Some insurers will determine this based on your version alone, and if you can provide the other parties details they will waive the excess at lodgement. Some insurers require you to pay the excess up front regardless of fault so they can proceed with fixing your car ASAP. I would prefer to not pay it up front so my insurance is with one of those companies.

    Also a quick note. Why do people comment things like this "The role of the insurance company is to get out of paying out." That's just not the case. If your not at fault, they will fix you up and go after the other person to get their money back. If you are clearly at fault, they will fix you up and go to the other party to see if they can help out getting their stuff fixed. Well the good companies do anyway.