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125 posts

Master Geek

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# 230380 21-Feb-2018 16:49
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The index says this forum's the right one for insurance, so fingers crossed...


I have a serious problem with a car insurance claim (in NZ). Last year another vehicle collided with my car, which ended up being a total loss. Fortunately no-one was injured, and my insurer paid out promptly, minus excess. That's where the smooth sailing ended.


I wasn't at fault, but for some reason the third party have flatly refused to accept responsibility, although on what grounds I have no idea. About two months after the claim, my insurer became uncommunicative - I presumed that it was just taking a long time to sort out.


Then, early this week, I received notice from the Ministry of Justice that my insurer made a claim in my name with the Disputes Tribunal late last year - that I wasn't informed about - and that the hearing date is in a couple of weeks' time. Horrifyingly, my insurer filed it saying that they have abandoned subrogation rights, so presumably they won't even be attending court, and I'd be having to argue against a lawyer from the third party's insurer.


In other words, my insurer has started a Disputes Tribunal action without my knowledge or consent and left me twisting in the wind. I have no idea why there's a stalemate between them and the third party's insurer. I've tried contacting my insurer, but cannot get a response either from the person in charge of my claim or the person who filed the Disputes Tribunal claim.


I've never been involved in a situation like this before - I have a 20+ year no-claim driving record - so although it seems very wrong, it could be standard practice for all I know.


Has anyone even heard of something like this happening before? Does anyone know if it's even legal?


(I don't want to reveal the name of my insurer at the moment. If there's interest, I'll try to keep this thread updated until the situation is resolved one way or another, and name and shame at the end.)

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125 posts

Master Geek

Lifetime subscriber

# 1976673 14-Mar-2018 18:47
7 people support this post
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Final update from me: Got the result today and I won, unequivocally.


I'm glad it's over and done with! Hopefully I'll have my excess refunded without too much fuss now.


In the final analysis the service from Youi was a mixed bag. The way they handled the claim at the beginning was responsible and efficient, and the representative they sent along to the Disputes Tribunal hearing was excellent. On the other hand they let themselves down badly with their lack of communication and professionalism for the whole middle section of the claim - they fell out of touch, filed the Disputes Tribunal claim in my name without telling me, failed to respond to queries, and even managed to file the Disputes Tribunal claim paperwork incorrectly, causing the ire of the referee in the hearing and a strong warning that the next poor sap they do that to may have their case dismissed out of hand. So make of all that what you will. I appreciate the things they got right, but won't be remaining a customer.


Sincere thanks to everyone who responded in this thread - it was all useful, and I very much appreciate it.

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