| [ Total Views: 690 | Total Replies: 25 | Thread Id: 57570 ] |
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 eraser
Fahrvergnugen
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| posted on October 18th, 2006 at 02:17 PM |
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Help out with insurance claim bullshit?
Howdy,
I just hope someone here has experienced this, or have secrets to making an insurance agency change percentages.
Basically i will give you the lowdown. Here i was driving down a road at about 40km (speed limit 50) and there was a round about ahead. I am going
straight across the round about to continue on the same road. As i exit the round about there is a dude about 10->20m in front of me doing a U turn
over 2 double lines. and hes just waiting for a car coming the other way, so all i can do is lock it up and Tbone him in my little beetle.
No witnesses present  but he admits he was doing an illegal right hand
turn.
Anyway In my mind it is completely his fault. There is no way i could stop in time.
So whats my question , they have settled at 70% his 30% mine. And when i try to dispute they say the illegal part has nothing to do with the
percentages even though he admitted he was doing an illegal right turn.
I have to write a letter to explain why i think they should do more then 70/30 and i was hoping someone has some tips or info to help me.
-Marc Lane
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koolkarmakombi
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| posted on October 18th, 2006 at 02:24 PM |
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If you are in the local motor org ie nrma or racq they have a free legal service.
This disclaimer does not reflect the thoughts or opinions of either myself, my company, my friends, or my dog: don't quote me on that; don't
quote me on anything; this disclaimer is subject to change without notice; text is slightly enlarged to show detail; resemblance to actual persons,
living or dead, is unintentional and coincidental; dry clean only; do not bend, fold, or mutilate; anchovies or jalapenos added to this disclaimer
upon request; your mileage may vary; no substitutions are allowed; for a limited time only while supplies last; offer void where prohibited; this
disclaimer is provided "as is" without any warranties expressed or implied
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amazeer
A.k.a.: Surly Duff
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| posted on October 18th, 2006 at 02:40 PM |
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Who is they? the police said it was 70/30 or insurance company?
Unless you are insured by the same company surely your company would help you in this as they wouldnt want to pay out unless they have to.
My wife ran up the back of someone doing an illegal u turn, didnt help us at all. They said something like "you are required to travel at a speed at
which you can stop in half the distance ahead." Hope you have mor eluck than us.
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MickH
A.k.a.: Michael Hutchinson
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| posted on October 18th, 2006 at 02:41 PM |
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I would assume they will lay part blame with you,as much as it sucks,you ran into him. Probably not what you want to hear though...try the legal
service as mentioned above.Good luck!!
tssnq.com.au
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Hertz
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| posted on October 18th, 2006 at 02:48 PM |
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If he was stationary when you hit him, then its tough luck, even if he was crossing double lines. I know cause a guy hit me in the same scenario, and
he was found at fault. |
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eraser
Fahrvergnugen
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| posted on October 18th, 2006 at 03:05 PM |
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Thx For the info all. Next time i will get the cops to come to the incedent scene and fine the person in the wrong. No problems with blame then. Just
so frustraiting.. the U turn from carpark space and the double lines are there to stop this incedent from happenign as there is no way at 40km that
you can stop within 30 odd meters.
Will give the NRMA or RAA a go and see how i go.
Thanks for all your input and i welcome any more input.
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blutopless2
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| posted on October 18th, 2006 at 04:24 PM |
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unfortunately if you call the cops to the scene they will charge ALL parties with reckless driving. have seen that here in Vic... had an accident
years ago.. basically crested a hill to see a car stopped for a right hand turn, couldn't stop and hit them then the person behind hit us... as we
were all exchanging info etc and the tow trucks were arriving a cop car cruised up.. passenger opened the window and asked if anyone was hurt... no
one hurt and one driver asked them to stop and assist etc (we suspected the front car driver had been drinking) and her response was that if they
stopped then ALL drivers would be charged!
but give the legal people a go.
see.... air and water do mix 
1974 1300
1997 MK3 Golf GL
2003 NB Cabrio
2012 Golf VI GTI
2014 Audi A4 Quattro |
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greenman
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| posted on October 18th, 2006 at 04:40 PM |
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Have you thought about contacting the Insurance Ombudsman and explaining your position? They may be able to help
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crewcabconnection
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| posted on October 18th, 2006 at 05:13 PM |
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due care an attention. Your insurance should fix/cough up as thats what you pay them for, then they argue with his or him as to the money. You should
just get either paid out for the agreed value or have it fixed.
Souldn't matter who's at fault at your end really. Comprehensive is just that.
Loves a lolcat
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Notch Nut
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| posted on October 18th, 2006 at 09:24 PM |
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| Quote: | Originally
posted by eraser
No witnesses present but he admits he was doing an illegal right hand
turn.
Anyway In my mind it is completely his fault. There is no way i could stop in time.
-Marc Lane
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No witnesses eh? Smash him in the face a few times for his ignorance/stupidity. If anyone asks, it must have been from the impact into his steering
wheel that caused the damage. Find out his address and tell him that if he doesn't pay for the damage done to your car, you will be coming around to
kneecap him and or remove fingers for late payment.:thumb
- Adam
If you can't fix it with a hammer,
you have an electrical problem....
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type3lover
A.k.a.: The Smashed Repairer
Insano Dub Head
in the garage...
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| posted on October 18th, 2006 at 09:35 PM |
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Notch Nut - I hope I never run into you!!
.
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Notch Nut
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| posted on October 19th, 2006 at 11:20 PM |
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| Quote: | Originally
posted by type3lover
Notch Nut - I hope I never run into you!!
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I hope you don't run into me either!!!:P
:kissRear engined aircooled VW drivers usually have more driving skill than your average moron driving a mass produced korean tin can. You need not
worry, I value my car and try to avoid collisions at all costs as my car is getting harder to find good panels for. I am sure most other people here
have similar attitude to their cars.
It is just a shame that there are ^%$&*^%'s out there who don't appreciate our cars like we do. These people soon learn how much I appreciate my
car, just like they appreciate how much harder it is to pick their nose with their fist.
- Adam
If you can't fix it with a hammer,
you have an electrical problem....
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bugeyedbabe
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| posted on October 19th, 2006 at 11:59 PM |
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mmm...isnt there a rule that says...when doing a u turn u must be able to have x amount of sight in BOTH directions. that is so the ppl behind you
have clear view of u (driver) doing the u turn...and u have it in front to ensure u can see when to make the u turn??
but if their saying the precentages are 70/30 ask them, in writing, to explain the proposed payment, breakdowns and why they are attributing in such
a way. when u have that info, then u can argue why it shouldnt be paid that way.
they may be saying u were coming out of the round about to fast, u failed to indicate...ur pant were purple...etc etc.
and here's a lesson I learnt 9thank goodness) from reading about other ppls experience....when u have NO witnesses...grab ur phone, call someone else
(friend/parent etc) and have person who is making statement that they are at fault to them. I did this...thing was, phone on other end was on speaker
(which liable person knew about) so two others heard it. When lady later retracted what she had done and stated she was not at fault, i had pictures
of damage... plus two other persons statement saying that she was at fault.
kewlies.
but yeah...u need to grab it from insurance in writing as to what the break up is about...then u can put together an arguement.
cheers
donna
dubless. 
And who the helled parked the Mitsubishi "Prancer" under my
house??? |
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The_Bronze.
A.k.a.: Bronze
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| posted on October 20th, 2006 at 12:43 AM |
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Notch - You read my mind, cept your silly enough to say it. Me, well lets just say, do you remember the program called The Equalizer. It stared Robert
McCall and was a pretty cool show. Sort of rebel for hire. Anyhow, he was very persuasive. As I'm a god fearing passive individual with no criminal
record I cannot condone violence. I suggest you deal with it the proper way. Leave the fiction up to television.
For those under 20.
http://www.tv.com/the-equalizer/show/170/summary.html?tag=tabs;summary
[size=4]Bronze.[/size]
Rathmines, Lake Macquarie, NSW.
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aggri1
A.k.a.: Aurel Griesser
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| posted on October 20th, 2006 at 08:01 AM |
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Insurance is a little weird.
I was riding my pushbike straight along a road and some moron coming the other way turned right down a side street and cleaned me up. Luckily I
wasn't seriously injured - although his windscreen was smashed and my bike kinda knackered. The insurance company found me responsible (surprise),
even though it was the front of his car that hit the side of my bike as he'd failed to give way to oncoming traffic... He had an 'independent'
witness, they concocted all sorts of nonsense. And as a cyclist I was not insured obviously...
It's not about right/wrong, but about legal technicalities. And how to exploit the situation.
Good luck dude. A.
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eraser
Fahrvergnugen
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| posted on October 20th, 2006 at 12:57 PM |
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thx again all, Anything helps i just want my baby's nose fixed
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silver
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| posted on October 20th, 2006 at 01:08 PM |
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| Quote: | Originally
posted by eraser
there is no way at 40km that you can stop within 30 odd meters.
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I think you could
Keeping it real !
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koolkarmakombi
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| posted on October 20th, 2006 at 01:33 PM |
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Then you would get charged with assault occasioning bodily harm, etc etc. And you would deserve it. :alien
Violence is not the answer.
You gonna beat up a granny too? Or a 20 stone bikie?
This has to be the most stupid response. You gonna threaten to beat me up because I dont agree?
Chill out dude.
Kool Karma is the answer.....
| Quote: | Originally
posted by Notch Nut
| Quote: | Originally
posted by eraser
No witnesses present but he admits he was doing an illegal right hand
turn.
Anyway In my mind it is completely his fault. There is no way i could stop in time.
-Marc Lane
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No witnesses eh? Smash him in the face a few times for his ignorance/stupidity. If anyone asks, it must have been from the impact into his steering
wheel that caused the damage. Find out his address and tell him that if he doesn't pay for the damage done to your car, you will be coming around to
kneecap him and or remove fingers for late payment.:thumb
- Adam
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This disclaimer does not reflect the thoughts or opinions of either myself, my company, my friends, or my dog: don't quote me on that; don't
quote me on anything; this disclaimer is subject to change without notice; text is slightly enlarged to show detail; resemblance to actual persons,
living or dead, is unintentional and coincidental; dry clean only; do not bend, fold, or mutilate; anchovies or jalapenos added to this disclaimer
upon request; your mileage may vary; no substitutions are allowed; for a limited time only while supplies last; offer void where prohibited; this
disclaimer is provided "as is" without any warranties expressed or implied
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Notch Nut
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| posted on October 20th, 2006 at 10:08 PM |
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| Quote: | Originally
posted by koolkarmakombi
Then you would get charged with assault occasioning bodily harm, etc etc. And you would deserve it. :alien
Violence is not the answer.
You gonna beat up a granny too? Or a 20 stone bikie?
This has to be the most stupid response. You gonna threaten to beat me up because I dont agree?
Chill out dude.
Kool Karma is the answer.....
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Having grown up in a time long before political correctness messed up everyones heads, you may notice that my sense of humour is a little warped and
very dry. I was actually taking the piss. The bolt cutters I keep in my car are for breaking and entering, not removing fingers and toes. Sheesh.
:bounce You are totally right though. Violence is not the answer. It is the process used to obtain an answer to a difficult question. :vader
There I go again.:kiss
- Adam
If you can't fix it with a hammer,
you have an electrical problem....
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 helbus
A.k.a.: Pete S
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| posted on October 20th, 2006 at 10:38 PM |
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You had me worried there for a minute Adam. I thought you were getting all soft and mooshy
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Notch Nut
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| posted on October 20th, 2006 at 10:53 PM |
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| Quote: | Originally
posted by Helbus
You had me worried there for a minute Adam. I thought you were getting all soft and mooshy
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Nah. I have a reputation to uphold
I only get soft and mooshy when I need to suck up to the missus to make up for all the bad things I've done.
Usually only a couple of times a day if I really behave myself!:P
- Adam
If you can't fix it with a hammer,
you have an electrical problem....
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koolkarmakombi
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| posted on October 21st, 2006 at 01:42 PM |
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All good then! 
This disclaimer does not reflect the thoughts or opinions of either myself, my company, my friends, or my dog: don't quote me on that; don't
quote me on anything; this disclaimer is subject to change without notice; text is slightly enlarged to show detail; resemblance to actual persons,
living or dead, is unintentional and coincidental; dry clean only; do not bend, fold, or mutilate; anchovies or jalapenos added to this disclaimer
upon request; your mileage may vary; no substitutions are allowed; for a limited time only while supplies last; offer void where prohibited; this
disclaimer is provided "as is" without any warranties expressed or implied
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Notch Nut
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| posted on October 21st, 2006 at 09:45 PM |
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Kool karma back at ya buddy.
- Adam
If you can't fix it with a hammer,
you have an electrical problem....
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crewcabconnection
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| posted on October 22nd, 2006 at 07:14 AM |
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so whats the story. Was it fully comp and the insurance are trying on 70/30 with you, or was it third party only and thats what the other guys
insurance is offering you? - if so then they have more money than you to argue the point, and without a crime number you are not gonna be in a
position to take them on.
Yeah, it sucks, welcome to the cashed up economy. If it's AAMI you're really screwed. They just choose the cheapest repairer and you'll be in for
big bucks even at 30% as its insurance prices.
If you can choose a repaier, then go to a nice dub shop and get them to load the price. Harder to do.
The post went south.
Loves a lolcat
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OZ Towdster
A.k.a.: Andrew Westwood
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| posted on October 22nd, 2006 at 09:53 AM |
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I hate to say it but if you were looking ahead and not just 10 feet in front of your self you wouldn't have hit him.
It's things like this that worry me geting on a motor bike
Don't let body work get in the way of real suspension travel
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Notch Nut
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| posted on October 22nd, 2006 at 08:12 PM |
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| Quote: | If it's AAMI
you're really screwed. They just choose the cheapest repairer and you'll be in for big bucks even at 30% as its insurance prices.
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Been nearly shafted by AAMI myself in a similar accident. I had a chick cut from the far left lane (4 lane road), I'm in the next lane and she hit
my Ford while trying to get in the third lane and accused me of cutting her off. It was a good thing I was driving a 1964 Falcon as her stupid action
caused her front guard to get caught on my bumper thus ripping it from the vehicle like tin foil! In the end both parties copped the cost of their
own repairs (after I responded to a letter that her insurance sent me saying I was at fault). No damage done to my car but about $2500 to her
civic.:bounce
Oh,for the record, I didn't kill her either:kiss
- Adam
If you can't fix it with a hammer,
you have an electrical problem....
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