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Thread: The unthinkable what to do now

  1. #11
    Join Date
    Dec 2007
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    Sydney, you know. The olympic one.
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    I've always worked on that basis, and made it clear to the lender of my terms if nothing was outlined first.

    Don't stress, until you've written off half a historic a Formula 5000 or the like. And you have to walk back to the pits and tell the owner there's a problem. Usually when you walk strength past, into the trailer, not saying a word everyone except the owner understands.

    As for the 90, if that chassis isn't bent I'd be surprised. As much as it pains me to say it, and I'll try to salvage anything.

  2. #12
    Join Date
    Mar 2013
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    Tasmania
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    www.fos.org.au

    **** those guys, seriously. It is a poor excuse to say the policy was not up to date ESPECIALLY if both policies are with the same company.

    Follow through with the F.O.S. and they will most likely rip them a new one and ensure your policy is looked after appropriately.

    Alternatively you can sell it as is, wreck it yourself, ask your friend to chip in, sue your friend for the damages. All options have their pros and cons, I would be hitting every button and putting the insurance company on the line as much as possible.

  3. #13
    Join Date
    Jul 2006
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    Tumbi Umbi, Central Coast, NSW
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    There is something odd about your link to the FOS.

    This one should work.

    Financial Ombudsman Service

    1973 Series III LWB 1983 - 2006
    1998 300 Tdi Defender Trayback 2006 - often fitted with a Trayon slide-on camper.

  4. #14
    Join Date
    Aug 2011
    Location
    Stanwell Park, NSW
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    Without any details on the insurance issue you may have an argument for coverage on the basis of consideration (payment) by mistake with an order for rectification. Find a good insurance lawyer in Brisbane and talk through your options. I can make recommendations if you like.

    It's a very unfortunate situation to be in.

    MLD

  5. #15
    Join Date
    Aug 2007
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    Brisbane
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    As above....also, did you pay the exact same amount twice or did you pay the premium for the D90 but applied to the Defender? If the latter, then it indicates bona fide intent and so you may have a case... I wouldn't give up... does your friend have a comprehensive policy for his own vehicle which might provide some coverage for driving another person's car? just a thought...
    MY99 RR P38 HSE 4.6 (Thor) gone (to Tasmania)
    2020 Subaru Impreza S ('SWMBO's Express' )
    2023 Ineos Grenadier Trialmaster (diesel)

  6. #16
    Join Date
    Aug 2011
    Location
    Stanwell Park, NSW
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    Hoges is in the ball park but not on the pitching mound. Vehicle comprehensive insurance is linked to the vehicle and driver of that vehicle. They don't extend to the liability of that driver in another vehicle.

    If your mate has a house and content insurance policy it usually provides third party liability. Most exclude insurable risks that are generally covered by another product of insurance, i.e. CTP, Workers Comp and possibly comprehensive MV insurance. You might find it covers the scenario of your friend driving your car. For you to succeed you need to prove negligence on the part of your mate. i.e. driving too fast in the circumstance etc.

    best of luck with it.

    MLD

  7. #17
    Join Date
    Jan 2009
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    Australia, Brisbane
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    Thanks for all the advice really appreciate it we will see what happens...

    Sent from my iPhone using Forum Runner

  8. #18
    Cracka Guest
    Wow, what a mess.

    You might have a case with the insurer if it is the same company. For them to accept a double payment for your other vehicle and allow this vehicle insurance to lapse would indicate a bit of negligence on their part.

    What does your 'mate' have to say, is he willing to buy you a new car......you might have to take him to task over it if you're prepared to do that.

    I hate to say it, but this is the reason I don't borrow nor loan anything of value.

    I hope it all works out for you in the long run.

  9. #19
    Join Date
    Apr 2008
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    Brisbane,some of the time.
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    Quote Originally Posted by Cracka View Post
    Wow, what a mess.

    You might have a case with the insurer if it is the same company. For them to accept a double payment for your other vehicle and allow this vehicle insurance to lapse would indicate a bit of negligence on their part.

    What does your 'mate' have to say, is he willing to buy you a new car......you might have to take him to task over it if you're prepared to do that.

    I hate to say it, but this is the reason I don't borrow nor loan anything of value.

    I hope it all works out for you in the long run.
    That is an issue,surely they have to let you know if you have paid something twice?

    They have knowingly taken your money,without notifying you there may be an error somewhere?

    Hope it gets all sorted.

  10. #20
    Join Date
    Jan 2011
    Location
    Caroline Springs, Vic.
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    Time to see how much of a friend your friend really is.

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