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Thread: Write off ????

  1. #31
    scott oz Guest
    Quote Originally Posted by disco2hse View Post
    If it is going to be an insurance job (remember that it was those corogations that caused it ) and if the TC failed as a result of that damage then it should be covered too. Maybe?

    Good luck if it's and insurnce job. let me know because I've never seen an insurer repair a vehicle that's failed due to wear and tear caused by road conditions. And I'll insure with that company..

    I'm with NRMA and I think their premium cover returns the vehilce to you if you've elected to return home? can't remember.

  2. #32
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    Quote Originally Posted by scott oz View Post
    Good luck if it's and insurnce job. let me know because I've never seen an insurer repair a vehicle that's failed due to wear and tear caused by road conditions. And I'll insure with that company..

    I'm with NRMA and I think their premium cover returns the vehilce to you if you've elected to return home? can't remember.
    Ahh well you see, that's the game. Insurance covers you for specific incidents, and so if you can say that road conditions on day x were such that they caused damage to my car then you may be covered. However if you say I traveled course y for six months and on month seven my car broke, then you are not likely to be covered.

    The more specific, the better. It helps if you have a photo of the pot-hole you can say contributed to the damage, for example. What you also need to be able to say is that there had been no previous similar occurrences of damage to the same part/place on the car, otherwise they may ping you for wear and tear or faulty workmanship on previous work done.

    They will also ping you for design faults, saying such things are between you and the manufacturer. So a weak chassis member, that is frequently known to fail, may be put into the civil suits file (and will not be processed as a claim) but a chassis that breaks while a vehicle that was performing its designed purpose on a road that was not up to the required level of standard for roading is more likely to go through.

    Successive damages also need to be linked to the contributing incident. So the TC damage was caused by the original damage but it looks bad if you say my chassis broke and I drove another 2000 km then the TC case broke too. They will laugh loudly as they aim for the bin. However if you can demonstrate that you undertook to make remedial repairs in order to get the vehicle to a proper place of repair but in doing so the TC also broke, then it is more likely to be covered. That part comes under all reasonable actions that ought to be taken by a reasonable person. It would be unreasonable to expect A grade repairs in the middle of the Simpson and it would be just as unreasonable to expect someone in the middle of Sydney to wait a week before getting such repairs done when in both cases the result was going to be a trashed TC.
    Alan
    2005 Disco 2 HSE
    1983 Series III Stage 1 V8

  3. #33
    scott oz Guest
    Quote Originally Posted by disco2hse View Post
    Ahh well you see, that's the game. Insurance covers you for specific incidents, and so if you can say that road conditions on day x were such that they caused damage to my car then you may be covered. However if you say I traveled course y for six months and on month seven my car broke, then you are not likely to be covered.

    The more specific, the better. It helps if you have a photo of the pot-hole you can say contributed to the damage, for example. What you also need to be able to say is that there had been no previous similar occurrences of damage to the same part/place on the car, otherwise they may ping you for wear and tear or faulty workmanship on previous work done.

    They will also ping you for design faults, saying such things are between you and the manufacturer. So a weak chassis member, that is frequently known to fail, may be put into the civil suits file (and will not be processed as a claim) but a chassis that breaks while a vehicle that was performing its designed purpose on a road that was not up to the required level of standard for roading is more likely to go through.

    Successive damages also need to be linked to the contributing incident. So the TC damage was caused by the original damage but it looks bad if you say my chassis broke and I drove another 2000 km then the TC case broke too. They will laugh loudly as they aim for the bin. However if you can demonstrate that you undertook to make remedial repairs in order to get the vehicle to a proper place of repair but in doing so the TC also broke, then it is more likely to be covered. That part comes under all reasonable actions that ought to be taken by a reasonable person. It would be unreasonable to expect A grade repairs in the middle of the Simpson and it would be just as unreasonable to expect someone in the middle of Sydney to wait a week before getting such repairs done when in both cases the result was going to be a trashed TC.
    Will be interesting. Insurnce covers you against accidental damage. If you drive down a road for a day and the overall condition of the road bends your chassie then sorry while the result may be unintended, bent chassie, the cause of the damage is not, use on a poor road and the use of the vehicle on such a road will result in damage.

    Anyhow interesting

  4. #34
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    Quote Originally Posted by scott oz View Post
    Insurnce covers you against accidental damage.
    While they use the word "accident" insurance does not cover you against "accidents". Insurance covers you against "incidents". "Accidents", particularly in regards to motor vehicle insurance, are regarded as no-fault incidents and those are what you tend not to be covered for. In reality there is no such thing as an "accident" because there is always a cause.

    Anyway, that is why I said you need to point to a particular cause of the incident. Why? Insurance companies exist to make a profit and they cannot do that if they are going to pay out for everything that passes their desk. I once had a boss when I worked in the insurance industry (many years ago now) whose motto was "don't pay out unless you have to". In those cases when the insurance company does have to make a payment, they are going to try to get that lost money back from somewhere and that's why you need to point the finger of blame for them. You help them to not make a loss and they are more likely to process your claim.
    Alan
    2005 Disco 2 HSE
    1983 Series III Stage 1 V8

  5. #35
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    G'day All

    I take on board all those comments in relation to my particular case. It will be interesting to see the outcome. In my case the damage was caused by an incident (large washout). The insurer had the vehicle looked at in Broome and a temporary repair made there and instructed us to drive to Darwin.

    It is in the lap of the gods now:angel

  6. #36
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    Quote Originally Posted by hagus View Post
    G'day All

    I take on board all those comments in relation to my particular case. It will be interesting to see the outcome. In my case the damage was caused by an incident (large washout). The insurer had the vehicle looked at in Broome and a temporary repair made there and instructed us to drive to Darwin.

    It is in the lap of the gods now:angel
    I have hit wash outs in 109 utes that have thrown the 44 gallon drums out the back but never hurt the vehicle.
    Must of been one Mother of a wash out or 130s are softer than I thought.
    I do wish you well in getting it repaired

  7. #37
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    Quote Originally Posted by hagus View Post
    G'day All

    I take on board all those comments in relation to my particular case. It will be interesting to see the outcome. In my case the damage was caused by an incident (large washout). The insurer had the vehicle looked at in Broome and a temporary repair made there and instructed us to drive to Darwin.

    It is in the lap of the gods now:angel
    Good stuff. You just follow their instructions and any subsequent damages should also be covered
    Alan
    2005 Disco 2 HSE
    1983 Series III Stage 1 V8

  8. #38
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    If it was indeed a washout that did it get the front axle checked to see if it is straight. Don't ask how i know.
    84' 120" ute - 3.9 isuzu.

  9. #39
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    Quote Originally Posted by disco2hse View Post
    While they use the word "accident" insurance does not cover you against "accidents". Insurance covers you against "incidents". "Accidents", particularly in regards to motor vehicle insurance, are regarded as no-fault incidents and those are what you tend not to be covered for. In reality there is no such thing as an "accident" because there is always a cause.
    ...........
    This is a special use of the word "accident", and while I am quite prepared to believe insurance companies use the word in that way, the normal English use of the the word is to mean something bad that was unintended, not something without a cause. In fact, if the damage was intended, the insurance company most certainly would not cover it if the insured intended it, and would look for a police report if anyone else did. Normal use of "incident" is similar to accident without the connotation of being "bad".

    In reality, there would be vanishingly small numbers of accidents that have "a cause". Almost any real life occurrence has multiple factors, none of which can be regarded as a single cause. In this case I suggest some of them would be likely to include the fact that the chassis design is really a stretch of the 110 design, carrying loads well beyond the original design, the method of mounting the tray (I suspect this is the major preventable factor!), the quality of the roads driven over, driving habits including loads carried (it is possible that some of the "roads" would, in the view of the manufacturers, have been designated as "offroad", with a lower weight limit).

    Sorry about the rant, but attempts by special interests to reform English are rarely successful, and just confuse the subject.

    John
    John

    JDNSW
    1986 110 County 3.9 diesel
    1970 2a 109 2.25 petrol

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    Quote Originally Posted by JDNSW View Post
    This is a special use of the word "accident", and while I am quite prepared to believe insurance companies use the word in that way, the normal English use of the the word is to mean something bad that was unintended, not something without a cause.
    Then it is moot.

    Quote Originally Posted by JDNSW View Post
    In fact, if the damage was intended, the insurance company most certainly would not cover it if the insured intended it, and would look for a police report if anyone else did. Normal use of "incident" is similar to accident without the connotation of being "bad".
    Actually you will find intentional damages are normally covered. Ask anyone who has been keyed and had the damage repaired and paid for. However you will also be lumped with the excess because the insurer cannot get it from anyone else. On the other hand if someone deliberately drives into you in a carpark and you can identify them the insurer will chase them for the excess.

    Quote Originally Posted by JDNSW View Post
    In reality, there would be vanishingly small numbers of accidents that have "a cause". Almost any real life occurrence has multiple factors, none of which can be regarded as a single cause.
    Yes. Which is why sometimes we argue with insurers about their decisions.

    Quote Originally Posted by JDNSW View Post
    In this case I suggest some of them would be likely to include the fact that the chassis design is really a stretch of the 110 design, carrying loads well beyond the original design, the method of mounting the tray (I suspect this is the major preventable factor!), the quality of the roads driven over, driving habits including loads carried
    But we don't want to say that do we. Then the insurer can say it is design flaw and the cost of any damage needs to be obtained by the driver from the manufacturer.

    Quote Originally Posted by JDNSW View Post
    (it is possible that some of the "roads" would, in the view of the manufacturers, have been designated as "offroad", with a lower weight limit).
    Yes, which is why I compared the two scenarios. You need to be able to point to a specific incident not a duration of combined events that contributed to wear.
    Alan
    2005 Disco 2 HSE
    1983 Series III Stage 1 V8

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