Crashed My 33 And Insurance Wont Pay?

[R33GTRKid]

Richard, if you read my post, I clearly state if his tyres were bald, he is screwed, the other issue he will win on no problems at all IF he told them he was on P's and nominated the vehicle correctly as a GTS-t and can prove it.

[MSTRshenanigans]

Actually road worthiness of the tyres is not a factor at all. I could tell you but I am legally bound not to, I can only give general advise relating to the laws we work under and the disputes process.

[dan_the_man]

I'd say the OP is not giving us the full story.

Perhaps there are details he is leaving out of the story.

[Blitz]

Blitz, please spare us your 'knowledge'... Under the Financial Practises Act the customer does NOT need to know their product, it is the job of the INSURER to ensure the customer does not have an incorrect product. They must know if he is on P's and the vehicle type, knowing the INSURER involved their system would not allow it to be printed and paid for unless they did something dodgey. eg they did not put in the right date of birth or did not list him on the car at all. The fact of the matter is a person shouldn't have to reasonably know if they can or cannot have the insurance policy - that is what the salesperson's job is for.

Not sure why you felt the need to target me with your above post, but perhaps you can read what I wrote again, and understand that one of the points I was making was that the threadstarter knew full well that he could not legally drive his car and the obvious insurance restrictions yet he still went about trying to skate around it and is now complaining because he has landed himself in hot water. How he was able to do so and why is another matter, but I think his blatant disregard for the laws then complaints and overall attitude about being caught out by them are pretty ordinary.

Notice I asked the question, as to weather or not the insurance company involved was aware that he was on his P's as I do not work for an insurer nor recall the questions I was asked the last time I took out a policy, so in future, don't be so quick to try and call me out.

[jaymze_1990]

Well to answer some stuff that was asked I'm in Victoria, got the insurance online at justcars.com and paid with credit car. I put my dad on as well because he drives it sometimes. The tires are bald but dont see how that matters.

I paid so they should cover me right? The no turbo law is just farked and dont matter that much. Its not like I was braking a big law.

This is crap I cant afford this shit.

[MSTRshenanigans]

Can you scan and attach a copy of your COI?

[GODZ1LLA]

With an attitude like that you deserve the book throwing at you.

Bald tyres dont matter? or the fact your on p plates you sir are a complete moron.

[Blitz]

got the insurance online at justcars.com and paid with credit car. I put my dad on as well because he drives it sometimes. The tires are bald but dont see how that matters.

And the plot thickens

Baring in mind its your responsibility to disclose all pertinent details that are relevant to your policy, was there any step of the online process that asked you to confirm what type of license you held, ie full or provisional?

If there was not, you still have some responsibility to disclose that information to the insurer, especially since you were aware that you weren't legally allowed to drive your car.

If there was, and you provided false information of any kind, then accepted their agreement declaring that the information you provided on your online application was correct, then again, you have a problem.

[MSTRshenanigans]

Asides from being a silly kid - he does have a leg to stand on online quotes are reviewed by underwriting before accepted.

Sorry for targetting just you Blitz, I should have included Beer Baron, I just don't like how people (mods especially - no hate or anything) give misleading advice. As in I wouldn't go and spin my ideas about car security over Chris R for eg.

Jayme... you need to provide 2 items.. a scan of your COI and you need to draw the accident including street names or we can't help you any further today.

[Tony de Wonderful]

Blitz, please spare us your 'knowledge'... Under the Financial Practises Act the customer does NOT need to know their product, it is the job of the INSURER to ensure the customer does not have an incorrect product. They must know if he is on P's and the vehicle type, knowing the INSURER involved their system would not allow it to be printed and paid for unless they did something dodgey. eg they did not put in the right date of birth or did not list him on the car at all. The fact of the matter is a person shouldn't have to reasonably know if they can or cannot have the insurance policy - that is what the salesperson's job is for.

He is entitled to a full refund of his policy as it is null and void, period. Further he can dispute this with their disputes area and you may find that the Financial Ombudsman would likely rule in HIS favour over the insurer because they incorrectly sold a policy, that is if their internal dispute resolution area does not overturn it. He has the info he needs to cover his behind and sort the stuff out and I pray he stops reading this thread.

What about the bald tyres though?

[Tony de Wonderful]

the other issue he will win on no problems at all IF he told them he was on P's and nominated the vehicle correctly as a GTS-t and can prove it.

Could have been a GTS-t with the turbo removed.

[Blitz]

Asides from being a silly kid - he does have a leg to stand on online quotes are reviewed by underwriting before accepted.

Out of curiosity, and further to the questions I asked the thread starter in my above post, would a representative of the insurer normally phone a new customer who applied online to confirm the information provided before activating a policy as a standard process? or only if some sort of clarification is needed?

[R31Nismoid]

Could have been a GTS-t with the turbo removed.

Still illegal, car is build plated as a turbo.

And the plot thickens

Isn't that always the case?

I think once the bottom is reached, the insurance is not in this kids name - It's in his fathers name.

Did you read the PDS when you bought the insurance? look at page 20 question 4 and 6.

http://www.justcarinsurance.com.au/library...ve-Brochure.pdf

Yep, Q 6 is pretty damn clear isnt it?

Unroadworthy car, no cover.

So brings to the point MSTRshenanigans - regardless of wether he was insured or not. As the car was not in a roadworthy state, he wouldn't be covered anyway as per the PDS?

[FrangaR33]

Also hey may of had an exception letter from Vicroads allowing him to drive a high powered vehicle, so in court the insurer could make the case that they insured the car in good faith under the assumption that he did have the exception. I know quite a few people who have crashed their high powered cars on their P's and got paid out the insurance because of their little letter from Vicroads. Also why in Gods name didnt you get the car towed home and put some roadworthy tyres on it?

[dan_the_man]

Well to answer some stuff that was asked I'm in Victoria, got the insurance online at justcars.com and paid with credit car. I put my dad on as well because he drives it sometimes. The tires are bald but dont see how that matters.

I paid so they should cover me right? The no turbo law is just farked and dont matter that much. Its not like I was braking a big law.

This is crap I cant afford this shit.

oh I just realised

you're a troll.

well done

[GODZ1LLA]

oh I just realised

you're a troll.

well done

either that or a brainless moron looking for sympathy....

[JayTay]

Just in case it's not a pisstake.....

How about manning the fark up and taking some responsibility? Going from your username you're an adult.

So behave like an adult. Take the hit that you deserve for stupidity.

Here's an idea, take out a loan for 8G, pay the insurance company the money they will recover from you one way or the other, buy a pushbike and gain some understanding for how shite it is when people in cars behave like knobs.

After this you should be cured of your stupidity, and know exactly when, where and how to have fun in a car.

[MSTRshenanigans]

Out of curiosity, and further to the questions I asked the thread starter in my above post, would a representative of the insurer normally phone a new customer who applied online to confirm the information provided before activating a policy as a standard process? or only if some sort of clarification is needed?

Basically if its accepted you get your certificate and are covered. If underwriting review and deem the risk not acceptable they call and send out a decline of cover letter and yes if they need more information. The underwriters are paid heaps to do what they do if they cocked up and accepted the cover the onus is on the insurer.

Yep, Q 6 is pretty damn clear isnt it?

Unroadworthy car, no cover.

So brings to the point MSTRshenanigans - regardless of wether he was insured or not. As the car was not in a roadworthy state, he wouldn't be covered anyway as per the PDS?

With regards to road worthiness, the reason why the tyres might be a mute point is something I cannot go into. The reason it(road worthiness) is there is the blanket protect insurers.

**********

With regards to the event (or accident) he said he went around a corner, there are too many variables to say yes he is at fault straight up. Did he have right of way, where was the other party sitting etc...

[blitz r33]

well i dont feel sorry for him,he's an idiot for driving on a wet road with bald tires...what did he think would have happened?an accident that was waiting to happen and you deserve to pay for it.

[blitz r33]

Basically if its accepted you get your certificate and are covered. If underwriting review and deem the risk not acceptable they call and send out a decline of cover letter and yes if they need more information. The underwriters are paid heaps to do what they do if they cocked up and accepted the cover the onus is on the insurer.

With regards to road worthiness, the reason why the tyres might be a mute point is something I cannot go into. The reason it(road worthiness) is there is the blanket protect insurers.

**********

With regards to the event (or accident) he said he went around a corner, there are too many variables to say yes he is at fault straight up. Did he have right of way, where was the other party sitting etc...

c'mon what variables?p-plater,wet conditions and no doubt speed.