When Lease Protection insurance goes close to court action

[sparoz]

Insurance company will avoid going to court for a small claim. I can tell you if it involves a total loss though, they will always fight for it. You usually don't stand a chance as more have a negligence clause which usually states that they don't pay if you didn't provide a duty of care.

My parents lost a claim when my brother total loss their car - thinking of protecting him when they asked if he had permission, that said yes. And then they claimed that they are responsible for his negligence as they gave him permission. If they had said they didn't, then they will have to pay out, as they can't really recover from my brother as he was 19, and he owns $2000 in his bank account and a $5000 phone bill.

That's why I always triple check insurance policies these days. You pay more for some, but they are usually more explicits in what they will or will not cover.

Sorry, did got OT a bit.

Alex, you are lucky you don't have to pay for your lawyer .

[Taymaishu]

Originally Posted by sparoz

Insurance company will avoid going to court for a small claim. I can tell you if it involves a total loss though, they will always fight for it. You usually don't stand a chance as more have a negligence clause which usually states that they don't pay if you didn't provide a duty of care.

My parents lost a claim when my brother total loss their car - thinking of protecting him when they asked if he had permission, that said yes. And then they claimed that they are responsible for his negligence as they gave him permission. If they had said they didn't, then they will have to pay out, as they can't really recover from my brother as he was 19, and he owns $2000 in his bank account and a $5000 phone bill.

That's why I always triple check insurance policies these days. You pay more for some, but they are usually more explicits in what they will or will not cover.

Sorry, did got OT a bit.

Alex, you are lucky you don't have to pay for your lawyer .

Aye, good point in that first paragraph. Any relinquishing of DoC nullifies most insurance policies. For example, if i kill a kid through lack of DoC in my sports coaching, my insurance is nullified. Same with my business, if i put out a press release and it f**ks over one of my clients, my insurance policy will not cover me for liability for damages cause to my clients, and that can cause a LOT of heartache.

But that is why it is involuntary unemployment; otherwise we could just resign and claim payments

And it's not total loss yet; it's cover for 6 lease payments maximum. However, inside the policy my broker said i can hand the car back after 3 months and the gap is covered between auction price and residual. Could be a good tactic before i move overseas!

[Taymaishu]

UPDATE:

My insurance company has asked for a few extra days to process and investigate my claim.

However, my broker received all the details today from my leasing company and there are a number of items:

1. The Certificate of Insurance (which i've never seen) states quite clearly "a maximum of six Monthly Lease Repayments in the Event of You becoming Involuntarily Unemployed" - yippee! That's a win!

2. My leasing company are in the shitter. Their emails and documents show that:
- I signed the Lease Schedule on 5/8/9
- I took delivery of the car on 8/8/9
- Their emails (which i believe to be doctored) shows that they sent the PDS and lease information on 10/8/9, after i had agreed to pay it anyway and signed the lease schedule. Doctored or not, it's after the agreement was made.

So, it's looking good so far.

A written Certificate of Currency that specifically says "Involuntary Unemployment".

[Taymaishu]

Today's Update: The insurance broker notified me that the insurer is prepared to admit my claim, subject to a number of requirements, including two statutory declarations.

Interestingly enough, the statutory declarations they sent to me are either tick "voluntary redundancy" or "inability to work through injury or death", neither which suffice my cause. I believe they are trying to entrap me into making a 'false' claim, so my lawyer is onto it.

Talk about jumping through hoops.

[05C4R]

thats just sneaky

[BigBoss168]

Originally Posted by Taymaishu

Interestingly enough, the statutory declarations they sent to me are either tick "voluntary redundancy" or "inability to work through injury or death", neither which suffice my cause. I believe they are trying to entrap me into making a 'false' claim, so my lawyer is onto it.

I'm sure you know this already and even if you didn't your dad would tell you, but making a false stat dec is really really bad. Never mind about making a false claim so they can deny it, but you can go to jail for making false stat decs (there's the case of a secretary who signed the stat dec to take points from a speed camera for her boss, the RTA found out and they BOTH went to jail).

I say, they know they're f*cked. I'd threaten to raise the issue of the stat dec with APRA unless they pay within x days.

[Taymaishu]

Originally Posted by taipan168

I'm sure you know this already and even if you didn't your dad would tell you, but making a false stat dec is really really bad. Never mind about making a false claim so they can deny it, but you can go to jail for making false stat decs (there's the case of a secretary who signed the stat dec to take points from a speed camera for her boss, the RTA found out and they BOTH went to jail).

I say, they know they're f*cked. I'd threaten to raise the issue of the stat dec with APRA unless they pay within x days.

As a JP about to be registered, there's no way I would ever lie on a Stat Dec, nor an insurance claim. Reason being is 1) Stat Dec lie = jail, 2) Insurance claim fraud = jail as well.

My father (lawyer) texted me about half an hour ago saying he has spoken to the broker and the insurance will be fine. It was very sneaky, but he picked up on it when the insurance company sent me the stat dec.

Interesting as well that my broker has been put off the case and it was handed up to the principal broker during the week. I think they know that this is a big risk case for all parties involved. He said in an email today that "my primary aim here is for a positive outcome for you." At last someone at my broker is serving me, NOT the insurance company.

Good lawyers are a god send. The stuff has been filed and will be sent to APRA once i get my cash. After the 30th, they will owe $7235 in insurance payments. Could be an early Christmas present to Christine as she may just get a few upgrades

The whole thing has been crap, actually. I don't know how people can manage to do these claims by themselves. I know this is because most people couldn't be bothered to do all of this, and then to pay for a lawyer, so the insurer gets out of it by making everything WAY too complication. But when the lawyer is free for me, i'm going to get every penny i'm due!

[sparoz]

It's too much to pay for a lawyer to do all these work to justify - unless you have someone acting on your behalf without charge - .

[Taymaishu]

Ok, so signed a cleverly worded Stat Dec today that my lawyer and insurance broker agree will cover me, and protects me.

Waiting for the monies!

[chylld]

hope this all worked out well for u?

[Taymaishu]

Originally Posted by chylld

hope this all worked out well for u?

2 Stat Decs later, and the insurance company looks like they'll fold and pay up.

My broker submitted all the requested documentation to them today, and he said he'll support and push as hard as possible until they give in as i've supplied everything to prove the terms that I agreed to.

Fingers crossed, will have something hopefully within the next few days!

[woosh]

BUMP.

I've been keeping tabs on this threads... they're so shifty, mate! Hope things are progressing alright Alex.





ps: "SEND ME THE PICS TONIGHT SINA! I'LL WORK ON MAKING THEM HDR ASAP!" ... 2 months later, still nothing :P

[Taymaishu]

Update:

Alex is one happy camper. My insurer caved in on Friday and EFT'd the funds today!

So, Christine is getting a lovely trip to the Hunter in a few weeks with the Mrs and also a visit to Kloster for a service.

Anyone up for a Friday Night cruise?

[Jeef Beef]

Originally Posted by Taymaishu

Update:

Alex is one happy camper. My insurer caved in on Friday and EFT'd the funds today!

So, Christine is getting a lovely trip to the Hunter in a few weeks with the Mrs and also a visit to Kloster for a service.

Anyone up for a Friday Night cruise?

Glad things turned out well for you mate.

A celebratory cruise sounds good...

[alik01]

Awesome news Alez, congratulations! Really happy this worked out for you.

Sure you'll be reading PDS in a lot more details from now on end!

[Taymaishu]

Cheers guys!

Friday night @ Akuna perhaps? I have a mount for my new camera so we can video some fun

[oz125]

congrats Taymaishu, not often insurance companies are forced to do what they should.
No wonder they have the reputation we usually associate them with.

[Zuzu]

Originally Posted by Taymaishu

Cheers guys!

Friday night @ Akuna perhaps? I have a mount for my new camera so we can video some fun

Congrats Alex..Well done mate..

[Taymaishu]

Originally Posted by Zuzu

Congrats Alex..Well done mate..

Thanks Joe, i'll be in touch very soon. Cal is still on the cards, will know in the very near future. Which means Christine's going to need a big goodbye!