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Topic # 116517 1-May-2013 14:53
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I am so pissed off! We own a SYM 100CC Scooter -2006. It was parked in town the other week (in the middle of a designated motorbike parking area) and a rubbish truck knocked it over -  breaking a rear indicator and damaging all the plastic flairing. 

We had market value  insurance with AIM and they want to write it off because repairs are apparently more than the MV of $1500. To replace it we would probably need to pay more than that - and frankly the bike still rides well, we've owned it from new, and it's got low kms because it was stored for a couple of years. I'd rather keep the bike we know than buy someone else's problems 

What are our options - I know if we take the payout  AIM will own the scooter. Is there some way we can then buy it back - and make the essential repairs? Is this legit ? How do insurance companies dispose of written off vehicles? 

Is there anyway to get the other party's insurer to pay the difference. - I mean we did nothing wrong - and we end up with a huge shortfall. I don't think I'll ever both with vehicle insurance again after this - outside of 3rd party/fire/theft - there seems no point at all. 




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  Reply # 809551 1-May-2013 14:59
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Well, insurance relieves you of the burden of suing someone, but I don't think there's any reason why you can't. Get your repair estimates in order and take it to the disputes tribunal. This is exactly what you would do if you didn't have insurance.

I imagine you'll be asked to explain why you're taking this route rather than filing an insurance claim, but your story is completely reasonable and in fact it doesn't actually matter why you're not filing an insurance claim.

If the other party reversed into your scooter then they are legally liable. Having fought several 'it's your fault I reversed into your car' d***heads in the disputes tribunal and won every time I don't think you'll have a problem.




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  Reply # 809552 1-May-2013 15:01
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Suggest you talk to AMI about a buy-back; I had a car insured with AMI written off a number of years ago (I think it was around 2005 or 2006), and being able to buy it back was definitely a possibility back then.  From memory, I think written-off vehicles do go through a public disposal process (quite possibly involving Turners), and I think the way it went was that as the previous owner I was offered first-right-of-refusal.

 
 
 
 


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  Reply # 809555 1-May-2013 15:04
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Some insurance companies will let you buy back the vehicle from them BUT they typically will cancel the registration as soon as they take ownership of them leaving you to have to pay for Re registration.


This is why I always go with agreed value policies so if I write my car off I know exactly how much I am going to get.

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  Reply # 809556 1-May-2013 15:06
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Have you had an estimate to repair?

I would imagine you can negotiate with AMI.

Will you be losing any no-claims bonus as a result of this (considering it is not your fault).

I would seriously consider the Disputes Tribunal against the owners/driver of the rubbish truck. It is their insurance which surely has to pay.



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  Reply # 809601 1-May-2013 15:39
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This is very helpful.

I have the details of the truck's insurer - so I'm thinking if our insurer doesn't play ball - I should contact the other sides insurer and see if they will pay. After all they should make good 3rd party damage regardless of the value of our vehicle yes?

If that doesn't work we go to the disputes tribunal.

Unfortunately bobby - I couldn't find an agreed value insurer for motorbikes - not many companies cover them at all. WE do have agreed value for the car




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  Reply # 809649 1-May-2013 16:28
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You're completely within your rights to make a 3rd party claim directly with the at-fault party's insurer. Be prepared to put in a fair bit of time and effort, however.




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  Reply # 809667 1-May-2013 16:39
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ajobbins: You're completely within your rights to make a 3rd party claim directly with the at-fault party's insurer. Be prepared to put in a fair bit of time and effort, however.
 

Which is why I thought claiming through our own insurer would be the right thing to do ... I thought insurance companies sorted this stuff out between each other 




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  Reply # 809673 1-May-2013 16:52
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lissie:
ajobbins: You're completely within your rights to make a 3rd party claim directly with the at-fault party's insurer. Be prepared to put in a fair bit of time and effort, however.
 

Which is why I thought claiming through our own insurer would be the right thing to do ... I thought insurance companies sorted this stuff out between each other 


Certainly a valid option also. The difference being that going through your insurance company, you will be limited by the policy you have and they then square up with the 3rd party insurer. When you pursue the at-fault party (or their insurer) directly, you could potentially get more - but you'll have to come to an agreement with them.

If you have a strong case to show that what is on offer from the at-fault party's insurer leaves you worse off at no fault of your own, you may be able to have the disputes tribunal award you a reasonable remedy.




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  Reply # 809676 1-May-2013 16:54
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When I bought my skyline back from lumleys (BTW, they were great, the broker I had used, was useless) it was not deregistered or anything, no change of name happened, I just got a payment from them for the difference between what I was going to get paid, and their valuation of the "wreck" - slapped a new fender, bumper and bonnet off trademe on and I was back in business.




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  Reply # 809686 1-May-2013 17:03
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lissie: This is very helpful.

I have the details of the truck's insurer - so I'm thinking if our insurer doesn't play ball - I should contact the other sides insurer and see if they will pay. After all they should make good 3rd party damage regardless of the value of our vehicle yes?

If that doesn't work we go to the disputes tribunal.

Unfortunately bobby - I couldn't find an agreed value insurer for motorbikes - not many companies cover them at all. WE do have agreed value for the car



Why don't you just get some quotes to repair it to the way it was before the accident and some other quotes of buying another one of the same make/model/year and present it to the truck company.

It is the truck companys responsibility to make it right either themselves or via their insurance company, don't settle for anything less as it is in no way your fault.

Don't make a claim on your insurance as you will bear the cost of the loss of your no claims bonus, something i'm sure the trucking company won't pay for you.

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  Reply # 809710 1-May-2013 17:26
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gregmcc: Don't make a claim on your insurance as you will bear the cost of the loss of your no claims bonus, something i'm sure the trucking company won't pay for you.


NCB is generally not affected when you are a) another party accept liability and b) your insurance company is able to recover costs from the at-fault party.




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  Reply # 809718 1-May-2013 17:38
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OUr insurance  have said we don't lose the no claims because we are not at fault 




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  Reply # 809731 1-May-2013 17:44
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lissie: OUr insurance  have said we don't lose the no claims because we are not at fault 


Which is good, but will you making a claim put you in the same position as you were in right before the scooter was damaged?

If you answer no then it is up to the trucking company to make it right



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  Reply # 809734 1-May-2013 17:56
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gregmcc:
lissie: OUr insurance  have said we don't lose the no claims because we are not at fault 


Which is good, but will you making a claim put you in the same position as you were in right before the scooter was damaged?

If you answer no then it is up to the trucking company to make it right
 

To which my answer at the moment is no - if they just want to give us $1500 and take the scooter. We want the scooter repaired to the previous condition 

So do we continue to negotiate with them or drop the claim with them and start on the truck's insurance company? 




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  Reply # 809739 1-May-2013 18:04
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lissie:
gregmcc:
lissie: OUr insurance  have said we don't lose the no claims because we are not at fault 


Which is good, but will you making a claim put you in the same position as you were in right before the scooter was damaged?

If you answer no then it is up to the trucking company to make it right
 

To which my answer at the moment is no - if they just want to give us $1500 and take the scooter. We want the scooter repaired to the previous condition 

So do we continue to negotiate with them or drop the claim with them and start on the truck's insurance company? 



Just deal directly with the trucking company, it's not your job or responsibility to deal with their insurnce company.

You will have to bit a bit of work in, get some prices yourself so you know what to settle for, present the info to the truck company and tell them to sort it out, if they want you to deal with the insurance company then maybe it's time to also add some more in to cover your costs in dealing with it, basically tell them sort it out or "pay someone" (you) to sort it out, it's not your fault, it is their fault

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