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David321

485 posts

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#289761 28-Sep-2021 07:50
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Hi all,

 

 

 

My wife was t-boned at an intersection recently, the other driver was at fault.

 

My wife and the other person have both contacted their insurance, and both of them are with AMI.

 

After telling AMI what has happened they have told us it sounds as though we are not at fault and have therefore waived our excess and given us a claim number for repairs at the panel beater we chose. They have also told us that the sum insured for our car is $1700, well less than the $3000 it was originally, but they lower it every year.

 

They have also told us that if the repairs cost more than $1700 the car will be considered a write off and they will pay out $1700 or market value, whatever is LOWER.

 

My frustration is that the car is certainly worth more than $1700 and the panel beater also said it could be repaired until he found out it was insured for $1700, he assumed it would be $2500 - $3000. After I told him it was $1700 he said it would now be a write off.

 

One thing has sprung to mind though and I wanted to know my rights about it before calling insurance, hypothetically if the other driver who was at fault had insurance with another company and not the same one as us, that other company would not know the sum insured for my car (the $1700), and would there for compare the cost of repair to market value and pay the cheaper option, which would mean our car would be repaired, or market value would be paid to us, which I assume would be about $2500.

 

The fact that we both have insurance with AMI means AMI know the sum insured is $1700 and they will pay that out for a write off and not market value, which I think is dodgey.

 

I can understand if I was claiming for our car being stolen or if I was at fault and damaged the car, but the fact someone else caused the damage means it should be repaired or market value paid to us? seems we are getting short changed?

 

 

 

Thanks!





_David_

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scuwp
3885 posts

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  #2785398 28-Sep-2021 08:05
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First thing you need to do is look at your policy!  

 

IME with AMI they have agreed value "sum insured" for vehicles.  This is the sum they will pay out in the event of a total loss claim. This amount is agreed by the customer and AMI.  Yes it gets adjusted down each year (on the renewal anniversary date) as the car devalues, but they contact you before each renewal and tell you what the new value is.  If you don't contest it, the new value will take effect once your contract renews.  

 

They possibly have other products that work on market value but I have always done the agreed value so I know exactly what a total loss payout will be.  Refer back to my first point.

 

No, it does not appear that they are doing something dodgy.           





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shk292
2853 posts

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  #2785418 28-Sep-2021 08:22
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I'm not sure if it is the same here and I'm not a lawyer, but in UK law if someone damages your car they are legally bound to restore it to its original condition - so repair the car or provide a like replacement.  As OP says, if AMI weren't insurer for both drivers, this is what you could insist on from the other driver.

 

I don't know how much legal advice you can get for $800 but might be worth investigating if there's a similar obligation here


tripper1000
1617 posts

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  #2785419 28-Sep-2021 08:24
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Watching with interest. I moved to AMI after bad experiences (similar to what you describe) with State, and found them to be great. Then the Chch earthquake sent AMI bust and it got bought out by IAG - the parent of State. So I am back where I started :-(




RunningMan
8953 posts

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  #2785423 28-Sep-2021 08:30
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scuwp:[snip]

 

IME with AMI they have agreed value "sum insured" for vehicles.  This is the sum they will pay out in the event of a total loss claim.

 

 

Is the OP actually making a claim against their own policy though? If they are the not at fault party, is the claim made against the other driver's policy, and you would therefore expect to not be out of pocket at all? This is what I think the OP is asking.

 

For example, if the OP was uninsured and not at fault, they could expect their car to be repaired and not be out of pocket as the claim is not against their own policy. Why should they get a lesser payout essentially because they are insured?


plas
453 posts

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  #2785424 28-Sep-2021 08:32
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scuwp:

 

First thing you need to do is look at your policy!  

 

IME with AMI they have agreed value "sum insured" for vehicles.  This is the sum they will pay out in the event of a total loss claim. This amount is agreed by the customer and AMI.  Yes it gets adjusted down each year (on the renewal anniversary date) as the car devalues, but they contact you before each renewal and tell you what the new value is.  If you don't contest it, the new value will take effect once your contract renews.  

 

They possibly have other products that work on market value but I have always done the agreed value so I know exactly what a total loss payout will be.  Refer back to my first point.

 

No, it does not appear that they are doing something dodgy.           

 

 

 

 

^ This.

 

Both my vehicles are with AMI as "agreed value sum insured" each year you need to review these policies and confirm the value is within your expectations, if not you get a valuation performed and the value adjusted.  One of mine increased by 20K this time around.

 

While your doing this it also pays to do the same with your house insurance, I expect people to be caught out on this due to the rapid increases in building costs.


Bung
6477 posts

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  #2785425 28-Sep-2021 08:33
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IANAL but maybe the cost of taking the liable someone to court is why people settle for what insurance companies pay. At the bottom end there's always a difference between the convenience factor of a vehicle you know and its worth to anyone else.

trig42
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  #2785465 28-Sep-2021 09:27
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You could go back to AMI and say you expect a car of similar quality to what was written off, and with second hand cars going up in price over the last 18 months, it is unreasonable to expect you to still have a car for $1700.

 

 

 

IANAL, but could you take a small claims case against the other driver? They would then have to get AMI to pay out more? I'm not sure it works like that, but it does seem unfiar if you can't at least replace your written off car with something of equal quality.

 

 

 

I say just keep bugging them. They always make the easy offer first.


 
 
 

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davidcole
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  #2785468 28-Sep-2021 09:33
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I've been partially caught out by the same thing.   When you pay your insurance bill, the onus is on you, as the policy holder, to ensure the cars value is correct.....I've found mine is a little low and was worried about the potential for write off but it had been accepted for repair.

 

The other thing that caught me out, is even though it was the other drivers fault and their insurance had accepted that, there's no provision in my policy for me to have a rental car for the period of time my car is out of action.  So while my insurance is sympathetic, they're not going to come to the party to get me back on the road (thankfully my car is drivable, I just have to be careful in rain as the door is not sealed properly).  But if it was undrivable, I'd be stuffed.  I should have selected rental car cover as part of the policy.





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Inphinity
2780 posts

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  #2785478 28-Sep-2021 09:41
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Personal experience with AMI says they will go to more effort than most insurers to minimise their payout and/or screw you over. You may be better determining if they will pay you out the write-off value and end the policy - then you can get the vehicle repaired yourself and re-insure it with another provider that doesn't go quite as far to screw it's customers. This is the path we ended up taking, though it was a few years ago now so they may have blocked that path off.

 

I'm fairly sure they're called AMI because you have to constantly asked yourself "AM I actually insured?".

 

That said, most insurers annually revise the amount your vehicle is insured for, you really need to watch that and raise it with them at renewal time if you don't agree with the new value.


1101
3122 posts

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  #2785513 28-Sep-2021 10:30
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AMI is in businesses to make money. All they are doing is minimizing their payouts .
Hardly ethical, but just they way it is .

 

AMI only have to payout as per YOUR policy.
Who the insurance is for the other driver is irrelevant .

 

So, with your low value car , dont make a claim via your policy.
Make a claim directly against the other driver .
Get a repair quote . Contact the other driver and demand that payment.
Be prepared to take the claim against the other driver via the Disputes Tribunal, AMI will not make this easy .

 

If you only can get a partial payout from your insurance policy, you can still go through disputes Tribunal to recover the balance from the other driver.

 

Its all a bit of a scam .
Panelbeaters will bump up quotes for insurance .
My old car was insured for $1000 . Car park wars caused damage to the plastic bumper.
Took it to my insurance companies nominated Panelbeater . They said it was a write off .
I fixed it myself for $50 !! .
I could have found a panelbeater to fix it for a reasonable cost , insurance company wasnt interested in me finding a reasonable cost panelbeater .

 

 


Wheelbarrow01
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  #2785577 28-Sep-2021 12:16
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1101:

 

Its all a bit of a scam .
Panelbeaters will bump up quotes for insurance .
My old car was insured for $1000 . Car park wars caused damage to the plastic bumper.
Took it to my insurance companies nominated Panelbeater . They said it was a write off .
I fixed it myself for $50 !! .
I could have found a panelbeater to fix it for a reasonable cost , insurance company wasnt interested in me finding a reasonable cost panelbeater .

 

 

I agree. A few years ago a contacted an auto glass company to replace the windscreen of my vehicle that only had 3rd party insurance (with no windscreen cover).

 

I can't remember the exact price, but when they heard me baulk at the cost, they asked if it was an insurance job. When I said no, they immediately halved the price. 

 

It's my understanding that the exact same thing happens with many (if not all) panel beaters. They charge what they do because the insurance companies don't care - they just raise their premiums every year and blame the high cost of claims. 

 

To be honest it seems most don't even beat panels anymore - they just buy new ones and throw the old ones away, but i guess "panel buyers" doesn't have the same ring to it....


BlueOwl
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  #2785609 28-Sep-2021 12:54
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1101:

 

So, with your low value car , dont make a claim via your policy.
Make a claim directly against the other driver .
Get a repair quote . Contact the other driver and demand that payment.
Be prepared to take the claim against the other driver via the Disputes Tribunal, AMI will not make this easy .

 

 

 

 

So your advice is to decline AMI's reimbursement of $1700, and privately pursue the same insurance company, via the other driver, for a smaller amount? Why would anyone do that?

 

And if your friendly cheaper panelbeater starts working on it, and finds the chassis is bent beyond repair, then what?

 

 


tigercorp
668 posts

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  #2785642 28-Sep-2021 13:43
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@David321

 

You want your car restored to original condition.  You have 2 options:

 

 

 

1. Involve your insurance company

 

AMI will only pay out the amount that insured i.e a maximum of $1700.  This is the agreement you've made with AMI, they aren't screwing you over.

 

If the repair costs more than that then you can pay the panel beater the remainder yourself and then try to recoup the remaining amount directly from the other party.  AMI will not be involved in trying to recoup that remainder, it's something you will have to do yourself.

 

 

 

2. Don't involve your insurance company

 

Get the repair quote from the panel beater and send it directly to the other party.  If they don't respond to your satisfaction, you can take them through the Dispute Tribunal at the cost of a $90 fee and the time and effort it takes to go through the process.

 

As you know the other party has insurance, this seems to be a fairly safe option.


Daynger
435 posts

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  #2785839 28-Sep-2021 18:38
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If you have been paying for $3000 of cover the whole time, as likely you have unless they have specifically sent you a new value on your renewal of the policy AND you can prove the car is worth more via ads on tardme or such places with easily accessible prices listed you would have a case to get a higher payout. 


1101
3122 posts

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  #2786078 29-Sep-2021 09:12
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BlueOwl:

 

1101:

 

So, with your low value car , dont make a claim via your policy.
Make a claim directly against the other driver .
Get a repair quote . Contact the other driver and demand that payment.
Be prepared to take the claim against the other driver via the Disputes Tribunal, AMI will not make this easy .

 

 

So your advice is to decline AMI's reimbursement of $1700, and privately pursue the same insurance company, via the other driver, for a smaller amount? Why would anyone do that?
And if your friendly cheaper panelbeater starts working on it, and finds the chassis is bent beyond repair, then what?

 

 

Did you even read the original post ? did you read my post (nope) ?
He believes the car is worth $3k, his insurance will only pay $1700 .
He doesnt want to accept $1700 .

 

So very few options then.
Get a quote on repairs . If the car is not economic to fix the Panelbeaters will tell him that , get it in writing (there may be a cost in that)

 

Go direct to the other party and demand compensation either for market value of the car or full cost of repairs .
Dont go through your insurance if you want $3K as you wont get it .

 

 


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