Making Uninsured Third Party Claim

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Gozer

168 posts

Master Geek

# 166194 5-Mar-2015 14:46

So long story short I was in a car crash, I'm not insured the other party is.
The police took their time but have now determined the other party was at fault and have issued them with a warning.
Obviously I made a claim against his insurance and initially they said "Your word against mine" so they blame me for the damage, eventually got a decision from the Police and it has been 2 weeks since the insurance knew about the police findings.

Now to the problem: If i email insurance company I get ignored (either directly the person handling the case or the generic contact) If i phone i get fobbed off and never get anything other than its being looked at as soon as possible.

What options do I have? Is there anything I can do to make it happen faster?
Do I just have to take the Individual to court and give up on the insurance?

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2389 posts

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# 1251727 5-Mar-2015 14:53

Some/All? companies that the exact form you need to fill in: (took me longer to type this up compared to finding these)

http://www.protecta.co.nz/forms/Uninsured%20Third%20Party%20Claim%20Form.pdf
https://www.firstcreditunion.co.nz/files/file/598/Uninsured%20Third%20Party%20Claim%20Form.pdf
http://www.verocis.co.nz/dirvz/vero/vero.nsf/AttachmentsByTitle/AutoAttach0003/$FILE/Motor+claim+form+-+UTP.pdf
http://www.dawsoninsurance.co.nz/wp-content/uploads/2011/07/NZI-Uninsured-Third-Party-Motor-Vehicle-Claim-Form.pdf

I am 100% sure if you rang them up and asked where you can get the "Uninsured Third Party Claim Form" from.. they will tell you.

Gozer

168 posts

Master Geek

# 1251739 5-Mar-2015 15:10

I made a claim against his insurance

Like I said I made a claim, sorry if I wasn't clear. I have filled in all the paperwork they require, and they have confirmed they have it. They just won't admit liability so I can get it fixed.

jarledb

Webhead
2292 posts

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# 1251741 5-Mar-2015 15:14

15 people support this post

I really don't get how its allowed to be uninsured in NZ. If you had insurance you would have your insurance company deal with all this.

Now, what are you going to do if you are in a big crash and its all your fault? Must mean that bankrupcy is next, surely?

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Inphinity

2541 posts

Uber Geek

# 1251752 5-Mar-2015 15:30

One person supports this post

~~Just let your insurer deal with it.~~

Ask them for a specific resolution date, if it is unable to be provided or is unreasonable, then I would contact the Disputes Tribunal (assuming the expected repair value is under $15k).

LennonNZ

2389 posts

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# 1251755 5-Mar-2015 15:39

2 people support this post

Gozer:
I made a claim against his insurance

Like I said I made a claim, sorry if I wasn't clear. I have filled in all the paperwork they require, and they have confirmed they have it. They just won't admit liability so I can get it fixed.

So have they rejected the claim completely (and they have given you a reason for it) or are you just waiting for them to make a decision and the decision it taking longer than you expected.

You can look at http://www.iombudsman.org.nz/ and see if they will look into whatever complaint you have with the Insurance company (excessive time/rejection or whatever)

Thanks

andrewNZ

2130 posts

Uber Geek

# 1251806 5-Mar-2015 16:52

I'd find a branch and visit in person.

Location: Dunedin

mattwnz

15168 posts

Uber Geek

# 1251820 5-Mar-2015 17:04

Write to them, and get everything in writing. Also isn't your claim again est the person who caused the crash, so shouldn't they be contacting their insurance company and not you. The CAB is who you should contact for advice.

mattwnz

15168 posts

Uber Geek

# 1251821 5-Mar-2015 17:06

jarledb: I really don't get how its allowed to be uninsured in NZ. If you had insurance you would have your insurance company deal with all this.

Now, what are you going to do if you are in a big crash and its all your fault? Must mean that bankrupcy is next, surely?

It doesn't seem like hte insurance industry want compolsory third party insurance for some reason. I think it should just be a levy on all registrations like ACC.

itxtme

1689 posts

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# 1251854 5-Mar-2015 17:46

Matts on the money, put the ball in the person whose fault it is. Let them know if they dont follow up with their insurance company you will be forced to take them to the disputes tribunal.

SATTV

881 posts

Ultimate Geek

# 1251866 5-Mar-2015 18:05

The correct answer is you lodge a claim to the small claims tribunal to the person who hit you, if the adudicator finds you were not at fault, their insurance company will pay you.
We have had to do this before on behalf of our insurance company.
It worked a treat.
I know the insurance company is on the other side but that is what they pay insurance for.

John

I know enough to be dangerous

mattwnz

15168 posts

Uber Geek

# 1251867 5-Mar-2015 18:09

SATTV: The correct answer is you lodge a claim to the small claims tribunal to the person who hit you, if the adudicator finds you were not at fault, their insurance company will pay you.
We have had to do this before on behalf of our insurance company.
It worked a treat.
I know the insurance company is on the other side but that is what they pay insurance for.

John

That certainly sounds like a logical way to do it. The only issue though is that they will be out of pocket for the cost for taking it to the disputes tribunal, as I don't beleive you can claim that back. But if they are getting mucked about, that maybe their next step.

insane

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# 1251875 5-Mar-2015 18:21

andrewNZ: I'd find a branch and visit in person.

I was in the same position several years ago while driving a relatives car. Visited AMI Browns Bay (their insurer) with photo's of the crash and they literally took my photo's and tore them up saying they didn't want to know anything about their client unless they initiated the claim.

Was only by pure chance that the one panel beater I got a quote from knew the other party (regular customer) and convinced them to just make the claim.

To the OP, Good luck!

bazzer

3304 posts

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# 1251882 5-Mar-2015 18:35

3 people support this post

You didn't have insurance, so you can't expect to get any help from his insurance company. His insurance company is for him. As above, take (or threaten to take) him to DT and hopefully he will lodge a claim. It's not your responsibility (or right) to lodge a claim with his insurance company.

Kyanar

3102 posts

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# 1251960 5-Mar-2015 22:08

2 people support this post

mattwnz:
jarledb: I really don't get how its allowed to be uninsured in NZ. If you had insurance you would have your insurance company deal with all this.

Now, what are you going to do if you are in a big crash and its all your fault? Must mean that bankrupcy is next, surely?

It doesn't seem like hte insurance industry want compolsory third party insurance for some reason. I think it should just be a levy on all registrations like ACC.

Compulsory Third Party insurance isn't what you think it is. We have it here in Australia and you know what it is? Coverage for any injuries sustained in a crash for the other party. Or, in other words, a five times larger ACC levy. It does NOT cover you for damage to the actual vehicle, you have to have third party car insurance for that.

Geektastic

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# 1260967 17-Mar-2015 12:30

Kyanar:
mattwnz:
jarledb: I really don't get how its allowed to be uninsured in NZ. If you had insurance you would have your insurance company deal with all this.

Now, what are you going to do if you are in a big crash and its all your fault? Must mean that bankrupcy is next, surely?

It doesn't seem like hte insurance industry want compolsory third party insurance for some reason. I think it should just be a levy on all registrations like ACC.

Compulsory Third Party insurance isn't what you think it is. We have it here in Australia and you know what it is? Coverage for any injuries sustained in a crash for the other party. Or, in other words, a five times larger ACC levy. It does NOT cover you for damage to the actual vehicle, you have to have third party car insurance for that.

Compulsory Third Party - or Third Party, Fire & Theft - can be whatever the legislation making it compulsory says it should be.

There is no reason why we can't simply pass a law making it illegal to drive without third party insurance. In NZ, since ACC picks up the injury part of that, the insurers would just write policies to cover material damage to other people's cars, walls, houses and so on. The State should also be filing claims where road furniture is damaged.

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