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This gives me the shits, if they are taking premiums for a modded vehicle and you have the mods listed with them, you have an accident and then they turn around and say we are not covering you because you have these mods, then surely you would have recourse to claim the premiums you have paid back, as they obviously had no intention of covering your vehicle in the first place, so therefore they have been getting you to pay premiums for coverage under false pretences.

 

  Matt.... what do you reckon, lawyer boy???/??

No, unfortunately I doubt you'd have any case against the insurance company. Each company would have a large policy stating that if any part of your vehicle is deemed to be illegal than coverage will be forefeited. It would probably also state that by taking out the policy you're submitting and ensuring that your car and its modifications are completely legal. The fact that they stated that they would cover your car would be irrelevant as it is subject to your car being completely legal. The onus is on you to make sure your car is legal and hence covered under the policy, it is not the responsibility of the insurance company to ensure that all your modifications listed are legal, otherwise they would be forever running around checking laws, which in many cases aren't very clear cut. Understandibly this is a very bad situation for us, however, if your car is legal and they dont cover you, there is a totally different story at hand. The best you can do is try to ensure all of your modifcations are legal and keep your insurance company up to date as to what is done to your car. Also ring and clarify with your insurance company as to what is and is not covered under your policy....they are, in most cases, obligated to explain to you what you can do without breaching your policy.

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If you think you have been mislead, you can always complain to the ACCC and or sue for misleading conduct but in many cases, the insurance company will do one of a few things: Most likely 1) Draw the case out with lengthy proceedings, high cost litigation and red tape causing the costs of the law suite to outweigh the gains, hence you give up.

2) Just tell you that you've got no case based on what their policy states and possibly offer you a small sum of money for a quiet settlement....this is unlikley unless they know they are probably wrong, in which case if you deny this, the company will more than likely proceed to option 1.

Yeah that's fraud basically!

many things may seem like fraud, but they arent. An incorrect price tag, stating something way to low?? Should the store be obligated to sell it way under cost? (yes if its a performance store :D) But the law says no...they dont have too....

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