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VIC Insurance Claim for Gear

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by stewe, Jun 11, 2013.

  1. Hey Guys,

    Last year I was in an accident which was not my fault at all resulting in hospitilisation and the destruction of my motorcycle and the gear that I was wearing.

    I'm trying to do the property damage claim myself, rather than paying through the arse for a lawyer to write a few letters. The claim is against the guilty party's insurance company, I didn't have any personal insurance. I'm okay for the bike itself but have hit a hurdle with getting compensation for the gear as I do not have proof of purchase and the gear was cut off of me by the paramedics and disposed of.



    Does anyone know what chance I have and how to get full replacement value back from the insurance company (RACV) without proof of purchase?

    Anyone know if there are any online court records where I could find something out about previous similar situations?


    Thanks!
     
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  2. So you have motorcycle insurance but no gear insurance with that ? Is that correct ?
     
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  3. It can reasonably be assumed that you were wearing a helmet, but not necessarily any other gear. Maybe you can get an agreed amount for a helmet but the rest might be tough.
    Did you happen to pay with credit card or eftpos for any of your gear? You could get a statement that would at least show the amount spent, but not what it was spent on.
     
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  4. If you can show the damaged gear from the accident, it shouldn't be an issue (provided your insurer includes that).

    When I had mine replaced (QBE were very good about all this), they just wanted me to write what the gear was that needed replacing, attach a photo and the RRP of buying new. Then they added that $ figure to my payout (well, deducted it from the excess due to the nature of my accident).
     
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  5. You dont get the RRP on gear anyway, they depreciate it.
     
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  6. I got mine replaced with equal value.
    Had to provide the damaged gear though. Stewe can't do that.
     
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  7. Show me where in your own PDS it says you get old-for-old.

    It's old-for-new, hence the cap that is always applied on the amount you are covered for.


    Justus.
     
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  8. Well thats how QBE operate... and mine wasnt even an at fault claim! To be fair I didnt really look into it at the time as i was more worried about getting better and back on 2 wheels
     
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  9. Yeh well that explains. Next time, make reference to the insurer as T&C are not replicated with all other insurers.

    FYI, QBE provides new-for-old if your leathers are less than 2 years old. If your leathers were purchased over 2 years, they pay you what they are worth at the time of the incident.


    Justus.
     
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  10. Do you have any photos of the gear prior to the incident? If you have a photo of yourself from prior to the incident showing what you had and then can say how old and what happened to them, there is a chance of getting something back for them.
     
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