WA Double Insured with Car Insurance - Possible to Claim Back?

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Brendan

Well-Known Member
5 June 2018
16
0
71
I posted a question earlier can you click on my name to see threads. Sorry im still learning this site

Sorry, what was your situation?
Hi my question is can an insurer change there mind on a decision of my vehicle being deemed a write off. I had a motorbike accident where i mounted the kerb and lost control of my bike. After making my claim i waited 3 months to hear a response. I was then told that my vehicle was assessed and that it has been deemed a write off and would receive the agreed value i had insured the bike for. After not hearing back for a month i called back to see what was the delay. I was then told i would be contactedback within a few day. After another month had past i received a call back saying that they have changed there decision and would repair the bike. In that time i had put a 950dollar deposit on another vehicle that i lost due to the fact i wasnt getting the agreed value back for my bike and was struggling financially. I would like to know can aninsurer change there decision after so long or even at all. I have searched all over the net and havnt seen anything where this has happened. So if anybody has some info forme i would really appreciate it. Thank you.
 

Brendan

Well-Known Member
5 June 2018
16
0
71
Hi my question is can an insurer change there mind on a decision of my vehicle being deemed a write off. I had a motorbike accident where i mounted the kerb and lost control of my bike. After making my claim i waited 3 months to hear a response. I was then told that my vehicle was assessed and that it has been deemed a write off and would receive the agreed value i had insured the bike for. After not hearing back for a month i called back to see what was the delay. I was then told i would be contactedback within a few day. After another month had past i received a call back saying that they have changed there decision and would repair the bike. In that time i had put a 950dollar deposit on another vehicle that i lost due to the fact i wasnt getting the agreed value back for my bike and was struggling financially. I would like to know can aninsurer change there decision after so long or even at all. I have searched all over the net and havnt seen anything where this has happened. So if anybody has some info forme i would really appreciate it. Thank you.
It has now been 7 months bike is still not fixed and have requested i get the market value as promised. They got back to me stating that they will reiburse me for the deposit lost and wave the excess. I still dont want this
 

Brendan

Well-Known Member
5 June 2018
16
0
71
It has now been 7 months bike is still not fixed and have requested i get the market value as promised. They got back to me stating that they will reiburse me for the deposit lost and wave the excess. I still dont want this
I have asked them if they are allowed to do this by law and to provide me evidence of the legalities of the desicion change. They just came back with the fact that they are human and everybody makes mistakes. I told them i understand this but mistakes need to be fairly compensated for. They come back with stories about how they assess a vehicle and what went wrong. I have still not received a response on a legal document which allows them to change there mind on the decision and think they are stalling.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
It has now been 7 months bike is still not fixed and have requested i get the market value as promised. They got back to me stating that they will reiburse me for the deposit lost and wave the excess. I still dont want this

Do you have anything in writing from the insurer regarding the initial write off? If not, then i would be taking their offer!
 

Brendan

Well-Known Member
5 June 2018
16
0
71
I have asked them if they are allowed to do this by law and to provide me evidence of the legalities of the desicion change. They just came back with the fact that they are human and everybody makes mistakes. I told them i understand this but mistakes need to be fairly compensated for. They come back with stories about how they assess a vehicle and what went wrong. I have still not received a response on a legal document which allows them to change there mind on the decision and think they are stalling.
Do you have anything in writing from the insurer regarding the initial write off? If not, then i would be taking their offer!
I have phone recordings. And they have admitted it and also have the repairer as witness as they got told the same thing and told not to repair the vehicle as it is deemed a write off. I dont think they have anything to stand on and for the fact they offered me that i feel they already know there liable.
 

Brendan

Well-Known Member
5 June 2018
16
0
71
I have phone recordings. And they have admitted it and also have the repairer as witness as they got told the same thing and told not to repair the vehicle as it is deemed a write off. I dont think they have anything to stand on and for the fact they offered me that i feel they already know there liable.
 

Brendan

Well-Known Member
5 June 2018
16
0
71
Its not the money anymore as i am now financially very stable but more the principal of whats rite and fair to the customer.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
I have phone recordings. And they have admitted it and also have the repairer as witness as they got told the same thing and told not to repair the vehicle as it is deemed a write off. I dont think they have anything to stand on and for the fact they offered me that i feel they already know there liable.

Do the phone recordings also record them agreeing to be recorded? If not, then it is not admissible evidence in court.
You have the repairer as a witness? Was the repairer chosen by you or the insurer? If chosen by the insurer, then i guarantee this will not be a reliable witness.
 

Brendan

Well-Known Member
5 June 2018
16
0
71
Do the phone recordings also record them agreeing to be recorded? If not, then it is not admissible evidence in court.
You have the repairer as a witness? Was the repairer chosen by you or the insurer? If chosen by the insurer, then i guarantee this will not be a reliable witness.
It was recoreded by me and awared them of this before every conversation. I know they need to be advised first. I chose the repairer. I just want to get enuff knowlege as i can and advice to get them to agree with me before i take it further. I have told them that i would like to settle this between myself and the insurer but if my requests are not met with legal documents stating that they can change there mind on a decision then i will be taking it further. Its been 7 months now i have not had my bike and not even a sorry.