The unthinkable what to do now

[XHPBT1]

I guys seeking advice unfortunately I gave my d90 to a friend to drive which he had a bad accident, everyone is ok that were in the car the road was extremely slippery which he lost control.. the most heart breaking is that it isn't insured as I paid the insurance twice on my other defender costly mistake insurance won't here of this excuse....

What to do now, advice would be appreciate?

Can I get a new body etc ??

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[WhiteD3]

Glad everyone is ok. Amazing that they are, looking at the pictures. I can't see that 90 being repaired, maybe sell the parts off one by one?

[morphias]

Were both insured with the same company?

How long ago did the insurance expire?

[Psimpson7]

Wow. sorry to see that. I don't think there is any chance that is repairable unfortunately. I would imagine the damage is far beyond just new panels.

There is a guy on ebay, somewhere maybe Greece who has a number of new take off shells. I cant find the link at the moment

edit its Portugal:

https://www.facebook.com/pages/New-Take-Off-Land-Rover-Defender-Parts/156391757882159

scroll down and you can see the body shells

[tequesta]

Glad your fine.
I'd try the insurance company again, explain that it was an honest mistake, and hopefully they will help. You did have the same car insured twice with them.
Else, you'd probably need to sell the parts...

[Rurover]

Very sorry to see your pride and joy so badly crumpled, but yes, great that no one was hurt!

Assuming the chassis is still OK, and I imagine the drive train is fine, then how about using aftermarket body panels to turn it into something unique.

Have a look at this website for example... Fibreglass kit cars, racing car bodywork and GRP commercial vehicle fibreglass mouldings maker. (http://www.stuartpease.co.uk/automotive_transport.html)

You'll still need a new firewall and dash I imagine, but you do have the basis of a really fun vehicle..albeit one that will not look like a D-90.

Of course as other have suggested, DO put the hard word on the insurance company first, though given you were not the driver, they may be reluctant to come to the party.

Alan

[incisor]

your friend has a problem i would have thought....

[LoveB]

your friend has a problem i would have thought....

pretty much what i thouguht

[strangy]

^^agree.
IMO apart from the above.

1 wreck it= some return on your loss but will take time and patience. You can rarely ask or expect the wreckers prices unless you can provide warranties etc.so expect about 2/3 of what a business would get for the same parts.

2 assuming chassis and mechanicals are undamaged, build a kit type toy or find a good body to replace. = large amount of time patience and above average skill set/equipment and significant investment.

I hope this doesn't spell the end if your friendship too:(

[weeds]

if you have time on your hand anything is possible I guess.....i'm sure AULRO will point you in the right direction

hope it all works out....it will be a good test off the friendship. if it was insured it would be much easier as its only excess and the inconvenience

i'm currently borrowing a tinnie...not insured......the understanding is if I break it I replace it

[clubagreenie]

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.

[phibbzy]

www.fos.org.au (http://www.aulro.com/afvb/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.

[vnx205]

There is something odd about your link to the FOS.

This one should work.

Financial Ombudsman Service (http://www.fos.org.au/)

[MLD]

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

[Hoges]

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...

[MLD]

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

[XHPBT1]

Thanks for all the advice really appreciate it we will see what happens...

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[Cracka]

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.

[scarry]

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.

[ozy013]

Time to see how much of a friend your friend really is.

[archieaja]

I work in insurance and know for a fact they can be far more lenient than they might say at first. If both vehicles are insured with the same company (or even the same underwriter) there is a very good chance they will cover you if you put your foot down.

If this is the case I'm happy to draft an email for you to give them a kick in the bum.

[archieaja]

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.

He would most definitely have a case and as per my above comment I will happily go to bat on this one. Unlike in the US most insurers in Australia can be quite flexible if they are "asked" in the right way.

[noyakfat]

Confucius say… walk softly and carry a big stick :D

[isuzurover]

Bugger. As said, don't accept the first answer from the insurance company. But at the end of the day your so called mate is liable.

[Psimpson7]

But at the end of the day your so called mate is liable.

May that not depend on if said mate asked 'is this insured?' and the answer was yes..

[isuzurover]

May that not depend on if said mate asked 'is this insured?' and the answer was yes..


I am not lawyer. We have at least one lawyer on here qualified to practice in qld though.

[Sue]

I'm thinking that if the car that is insured twice with the same company was stolen they wouldn't pay it out twice... even though they have accepted the payment to insure the same car twice.. that should be reason enough alone for them to pay this claim.

[Tombie]

Man that hurts! Your mate was obviously not driving to conditions... The dont just slide on roads like that... Or hit that hard....

Hope it all works out for you.

[XHPBT1]

I would say I am well experienced in driving landrovers I have a disco2 defender 110 and did have a d90 now... The d90 I have had at times that I have hit a ripple on the road and it seemed like the shocks will let the suspension bounce excessively my other two cars don't do it... But they both have aftermarket shocks... I thought hey it's new it must be like that and I'll change it soon... my sister has once came around a corner and the back drifted out cause of the excessive bounce that suspension had ... This is apparently why he lost control and crashed... Don't know insurance won't hear of anything spoke to the manager it's been out for 7 months... The d90 might be reborn into the most expensive farm paddock basher !!!! Sent from my iPhone using Forum Runner

[XHPBT1]

I work in insurance and know for a fact they can be far more lenient than they might say at first. If both vehicles are insured with the same company (or even the same underwriter) there is a very good chance they will cover you if you put your foot down. If this is the case I'm happy to draft an email for you to give them a kick in the bum.

Do u think u can help? Would it be much trouble to draft up an email?

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[isuzurover]

I would say I am well experienced in driving landrovers I have a disco2 defender 110 and did have a d90 now... The d90 I have had at times that I have hit a ripple on the road and it seemed like the shocks will let the suspension bounce excessively my other two cars don't do it... But they both have aftermarket shocks... I thought hey it's new it must be like that and I'll change it soon... my sister has once came around a corner and the back drifted out cause of the excessive bounce that suspension had ... This is apparently why he lost control and crashed... Don't know insurance won't hear of anything spoke to the manager it's been out for 7 months... The d90 might be reborn into the most expensive farm paddock basher !!!! Sent from my iPhone using Forum Runner

A d90 has a significantly shorter wheelbase than a d2 or 110 and IME handles very differently.

[Tombie]

I would say I am well experienced in driving landrovers I have a disco2 defender 110 and did have a d90 now... The d90 I have had at times that I have hit a ripple on the road and it seemed like the shocks will let the suspension bounce excessively my other two cars don't do it... But they both have aftermarket shocks... I thought hey it's new it must be like that and I'll change it soon... my sister has once came around a corner and the back drifted out cause of the excessive bounce that suspension had ... This is apparently why he lost control and crashed... Don't know insurance won't hear of anything spoke to the manager it's been out for 7 months... The d90 might be reborn into the most expensive farm paddock basher !!!! Sent from my iPhone using Forum Runner


So you double paid one policy 7 months ago and they hadn't informed you?

Nor did the warn you the insurance had lapsed?

Odd.. Agent or direct to insurer?

[clubagreenie]

I'd get the letter written as per the offer and go to the ombudsman.

I just got screwed by tafe trying to get money for a course I withdrew from 6 years ago. Then offered just to "sell" me the cert to clear the debt and give me the new cert as well. One call to ASQA and its cost them in the order of $80 k and withdrawal of their RTO status for one dept on that campus. All for $300.

When scared the big organisations will play ball or get screwed.

[XHPBT1]

I'd get the letter written as per the offer and go to the ombudsman. I just got screwed by tafe trying to get money for a course I withdrew from 6 years ago. Then offered just to "sell" me the cert to clear the debt and give me the new cert as well. One call to ASQA and its cost them in the order of $80 k and withdrawal of their RTO status for one dept on that campus. All for $300. When scared the big organisations will play ball or get screwed.

I am currently in Europe so when I get back I'm going to push a lot harder!!

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[clubagreenie]

And if you need someone to make phone calls etc I don't have a day job (or any job for that matter)

[FeatherWeightDriver]

Yikes - a sticky situation - hope the driver and passengers were all ok.

Apologies for only skimming the thread, but has anyone suggested buying / ordering a new 90 if you still can?

The new ones have DSC... :angel::wasntme:

[digger]

Time for the ultimate series body build onto modern platform.....

[Tombie]

Time for the ultimate series body build onto modern platform.....

Do you think he could mount a Gun on it?

[noyakfat]

Mag58 on a pintle mount would cover a lot of situations :D

[archieaja]

Do u think u can help? Would it be much trouble to draft up an email?

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It would be no trouble at all.

As I say, provided you did simply double pay on the one policy and both were with the same insurer you would have an excellent case.

I've PM'd you my email address so feel free to hit me up with any questions you might have and we can get the ball rolling.

NB: With regard to others suggesting getting the ombudsman involved; the ombudsman will not do much until you have already done your utmost to resolve the situation yourself. Often it is better to keep them up your sleeve so you can provide them with ample proof of your efforts before getting them involved.

[digger]

Do you think he could mount a Gun on it?

Ahh, Tombie, am I that transparent?


MMM GUNBUGGY MMM

[XHPBT1]

Yikes - a sticky situation - hope the driver and passengers were all ok. Apologies for only skimming the thread, but has anyone suggested buying / ordering a new 90 if you still can? The new ones have DSC... :angel::wasntme:

Haha good one

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[Eevo]

any followup on what happened?

[RRS2006sabenn]

Very sad event indeed.
Was a beauty though.
:(

[Sue]

How did this work out in the end? Any news? (hoping for good news!). :)

[carlschmid2002]

Mag58 on a pintle mount would cover a lot of situations :D

Dillon Mini Gun. 4000rds a minute