[thebatman]

You'd be pretty lucky to be covered.
Remember that you were the one causing the accident.
If you weren't at fault, have comprehensive insurance and your car is modified, you would be covered for the 'standard parts' repair only. Any aftermarket bits that you did not notify the insurance company will most likely be denied.
In this case you were at fault, you didn't add modification to your insurance policy and you wanna be covered for all your aftermarket parts. Good luck to that.
They can deny the entire claim, you have to pay for the damages to other vehicle and no repairs covered for yours.
Even if you wanna take this to the Ombudsman, they also have to be impartial and can only help you if you are within 'legal rights'.
There are always product disclosure statements in the policy which every individual signs when they take out the insurance policy. Insurance companies are just like any other business. They are there to make money, not lose money. If this wasn't the case, then anyone can take out a standard insurance, list down no modification, and if they get involved in an accident, they threaten to call the Ombudsman if they don't cover, and get fully paid out for entire damages and all aftermarket bits and bobs. Ain't gonna happen.

[Newtoy]

Originally Posted by thebatman

You'd be pretty lucky to be covered.
Remember that you were the one causing the accident.
If you weren't at fault, have comprehensive insurance and your car is modified, you would be covered for the 'standard parts' repair only. Any aftermarket bits that you did not notify the insurance company will most likely be denied.
In this case you were at fault, you didn't add modification to your insurance policy and you wanna be covered for all your aftermarket parts. Good luck to that.
They can deny the entire claim, you have to pay for the damages to other vehicle and no repairs covered for yours.
Even if you wanna take this to the Ombudsman, they also have to be impartial and can only help you if you are within 'legal rights'.
There are always product disclosure statements in the policy which every individual signs when they take out the insurance policy. Insurance companies are just like any other business. They are there to make money, not lose money. If this wasn't the case, then anyone can take out a standard insurance, list down no modification, and if they get involved in an accident, they threaten to call the Ombudsman if they don't cover, and get fully paid out for entire damages and all aftermarket bits and bobs. Ain't gonna happen.

Thx for your input batman but you should probably go back to your cave and be ignorant..
I never asked to be paid for my aftermarket parts but was told by one of the operators that as long as I have the stock parts to put back in they can surely come to an agreement and all the conversations are recorded for that reason so they can go back and listen to it am more than happy..
I have a legal obligation to notify them of any changes to the car at time of renewal or application but there's no where that stipulates you have to call them everytime a change is made..legally they can't deny my claim but they can readjust my premium accordingly and take the money before the pay out..
Last there's no where that says that if they had known about those modifications they would have refuse me insurance as otherwise why would I be paying a premium knowing am not going to be covered in case of An accident?
Go read the insurance act for a start you might learn a few things buddy

[Socket]

Any updates NT?

[Newtoy]

Originally Posted by Socket

Any updates NT?

hey socks yeah i actually got a call this morning asking me more informations about the parts especially the exhaust and then said they will process the additional info and call me nxt wednesday to let me know about the outcome..
later this arvo while i was at work i decided to call them again as i wasn't ready to wait til nxt week to know something she has already been telling me a few times in our conversations and as i expected they denied the claim on the ground that they weren't made aware of the modifications but didn't even let me talk to a manager or anything.
i didn't want to argue with the operator as i know they can do jack shit anyway as she also keeps telling me am running aftermarket turbo on the car as for some reason they are chrome in color so i lodged a dispute with the internal resolution center before i can lodge a proper complain to the ombudsman..
i also booked an appointment with an insurance lawyer from slater and gordon just so they can point me in the right directions..worst case i will have to take them to court if the lawyer think i have a chance as they surely would have dealt with similar cases in the past and knows their way around

[7smurfs]

Originally Posted by thebatman

If you weren't at fault, have comprehensive insurance and your car is modified, you would be covered for the 'standard parts' repair only.

Wrong!

If you weren't at fault and got into an accident, the insurance company will cover anything/everything that was damaged whether it was modified parts or not. Your insurance company will then chase the other insurance company for the payment.

Example: previously had a car with vertex kit that was damaged not at fault by another car. Insurance company tried to source the kit but could not so they paid me out the value of the kit etc.

[aaron_]

Originally Posted by Newtoy

hey socks yeah i actually got a call this morning asking me more informations about the parts especially the exhaust and then said they will process the additional info and call me nxt wednesday to let me know about the outcome..
later this arvo while i was at work i decided to call them again as i wasn't ready to wait til nxt week to know something she has already been telling me a few times in our conversations and as i expected they denied the claim on the ground that they weren't made aware of the modifications but didn't even let me talk to a manager or anything.
i didn't want to argue with the operator as i know they can do jack shit anyway as she also keeps telling me am running aftermarket turbo on the car as for some reason they are chrome in color so i lodged a dispute with the internal resolution center before i can lodge a proper complain to the ombudsman..
i also booked an appointment with an insurance lawyer from slater and gordon just so they can point me in the right directions..worst case i will have to take them to court if the lawyer think i have a chance as they surely would have dealt with similar cases in the past and knows their way around

Sorry to hear. I have my fingers crossed it all works out for you

[Newtoy]

Originally Posted by aaron_

Sorry to hear. I have my fingers crossed it all works out for you

thx mate,really appreciate the kind words

[Socket]

Good luck NT subbed

[vtl]

Hope you get it sorted mate, this insurance mob sounds really dodgy. Shame as you didn't have it for long, didn't realize the air bags went off, you probably wouldn't want them to repair it in that case.

[Newtoy]

Originally Posted by vtl

Hope you get it sorted mate, this insurance mob sounds really dodgy. Shame as you didn't have it for long, didn't realize the air bags went off, you probably wouldn't want them to repair it in that case.

All I was told is that the car is written off and my claim has been denied,I wasn't given the option of anything not even had a chance to talk to the manager.All they kept going on about was that I didn't let them
Know about the exhaust..i checked out some reviews on the net about auto and general insurance and most of them came back as them being dodgy and refusing to pay out claims

[Boganian Rubes]

What the fuck that's shit, big deal different metal letting exhaust out, bunch of cunts. Sorry this had to happen to you over Christmas!

[Newtoy]

Originally Posted by Boganian Rubes

What the fuck that's shit, big deal different metal letting exhaust out, bunch of cunts. Sorry this had to happen to you over Christmas!

Yeah it's not even a full system just the cat back.. fck me up big time considering I do shift work at the airport and some days I start work at 4:30-5am

[Trev88]

ANZ insurance covers mods FYI

[SE7EN335]

So sorry to hear that your insurance had that clause where you had to disclose modification information. One of my mates got fucked like that who has a Subaru BRZ and got an aftermarket front bar and didn't disclose to the insurance company that he changed the front bar. I think he got an insurance lawyer to fight the insurance company in court and eventually won in the dispute that the front bar did not have impact on the collision as there was no causation link between the two, however the court also ruled that payment for the front bar was not warranted but the costs of damages to the front excluding the front bar was to awarded to him. So as long as you can prove that your turbo was stock, then you are GUCCI.

Also, some insurance companies like Bingle (who I used to be with before but actually suck a bit) allows whatever modification you want to the car and allows non-disclosure of any modifications as long as its not an aftermarket turbo or supercharger, roll cage, racing harnesses, racing seats, chassis mods etc.

[Newtoy]

Originally Posted by SE7EN335

So sorry to hear that your insurance had that clause where you had to disclose modification information. One of my mates got fucked like that who has a Subaru BRZ and got an aftermarket front bar and didn't disclose to the insurance company that he changed the front bar. I think he got an insurance lawyer to fight the insurance company in court and eventually won in the dispute that the front bar did not have impact on the collision as there was no causation link between the two, however the court also ruled that payment for the front bar was not warranted but the costs of damages to the front excluding the front bar was to awarded to him. So as long as you can prove that your turbo was stock, then you are GUCCI.

Also, some insurance companies like Bingle (who I used to be with before but actually suck a bit) allows whatever modification you want to the car and allows non-disclosure of any modifications as long as its not an aftermarket turbo or supercharger, roll cage, racing harnesses, racing seats, chassis mods etc.

Actually that's where the problem is ,when I kept telling her the turbo was standard and that the assessor was wrong about his report she said anyway the turbo isn't the issue here.. so why wouldn't the turbo be an issue when it's one of the main part on the car to produce more power but instead keep focusing on a set of mufflers that are said to make about 5kw over stock only if ur above 5k rpm??i know taking them to court will probably be in my favor but on the other end half the pay out will maybe have to go to the lawyers as they are not cheap either..I do hope the ombudsman works out in my favor so I don't have to go down that road.

[aaron_]

My family had a run around car. Was a spare after upgrades and essentially no ones car. Wasn't worth trading in or selling as it was only worth 8k and ran great so we kept it. (Perfect for taking the dog places). Put some cheap insurance on it ($300 premium per year, limit 7000km driving per year).

Wrote down km as 98000 instead of 89000. Dad had an at fault crash in it at 93000km which is within the 7000 km allowance but less than the mistaken reading given initially. Insurance didn't want to pay the claim. Friend who's a Lawyer got involved, sent one letter and it was all sorted.

Maybe you can avoid court all together by getting a lawyer involved now?

[SE7EN335]

Originally Posted by aaron_

My family had a run around car. Was a spare after upgrades and essentially no ones car. Wasn't worth trading in or selling as it was only worth 8k and ran great so we kept it. (Perfect for taking the dog places). Put some cheap insurance on it ($300 premium per year, limit 7000km driving per year).

Wrote down km as 98000 instead of 89000. Dad had an at fault crash in it at 93000km which is within the 7000 km allowance but less than the mistaken reading given initially. Insurance didn't want to pay the claim. Friend who's a Lawyer got involved, sent one letter and it was all sorted.

Maybe you can avoid court all together by getting a lawyer involved now?

That's a simple error on the insurance's side in making a big deal out of a overstated km odometer reading so they can get out of paying. Newtoy's matter is more complicated in that it actually involves the law of non-disclosure under commercial law and what he is legally entitled to when it comes to insurance claims.

Best advice is to take them to court if ombudsman doesn't work in your favour and a good lawyer will raise the argument of causation which will likely sway any reasonable judge in your favour

[101Duck]

Honestly,

My advice is the call them and demand to speak to a manager. You have every right to speak to a manager, and when you do just whinge at them, tell them it can't have any affect on the accident etc.

I don't know what story you told them initially, but realisticaly I don't know what you were doing on the highway, but aftermarket turbo, exhaust, etc wouldn't affect any crashes I have on a highway. You also need to let the manager know that none of those modications were on the car when policy was taken out and most importantly NONE ARE ILLEGAL MODIFICATIONS. that one is important. You haven't broken the law, and as such any "reasonable" person wouldn't even consider adding those to the policy.

Also say that you spoke to your lawyer the last couple of days and he suggested for you to work it out with them first, if that didn't work you are advised to go to the ombudsman before taking things any further with your legal representation.

Be calm, and stick to your guns. You haven't done anything wrong and have paid all your premiums, you are at fault in this claim, but it is an accident. And that is the whole reason you have accident insurance.


DO NOT let them refuse a claim. If you do, you will never get insurance again. (or at least for the next 5 years)

[Newtoy]

Originally Posted by 101Duck

Honestly,

My advice is the call them and demand to speak to a manager. You have every right to speak to a manager, and when you do just whinge at them, tell them it can't have any affect on the accident etc.

I don't know what story you told them initially, but realisticaly I don't know what you were doing on the highway, but aftermarket turbo, exhaust, etc wouldn't affect any crashes I have on a highway. You also need to let the manager know that none of those modications were on the car when policy was taken out and most importantly NONE ARE ILLEGAL MODIFICATIONS. that one is important. You haven't broken the law, and as such any "reasonable" person wouldn't even consider adding those to the policy.

Also say that you spoke to your lawyer the last couple of days and he suggested for you to work it out with them first, if that didn't work you are advised to go to the ombudsman before taking things any further with your legal representation.

Be calm, and stick to your guns. You haven't done anything wrong and have paid all your premiums, you are at fault in this claim, but it is an accident. And that is the whole reason you have accident insurance.


DO NOT let them refuse a claim. If you do, you will never get insurance again. (or at least for the next 5 years)

hey duck thx for your advice,bcoz of the holidays i haven't been able to call and talk to anyone but ill see if there's anyone tomorrow.i told them exactly what happened i was on my way home from work and there was a truck ahead of the car in front of me that dropped his load on the road which was a couple of buckets and the car i was behind had to stop suddenly to avoid running over them,as i had an early start that day i was a bit tired so before i realise what happened it was too late and i ran up his rear..i would have been upset if i was being silly on the road and speeding but i was way under the speed limit and it was just an unfortunate circumstance..

[Trev88]

This makes me afraid of doing a dpf delete on my car now. Insurance might use that against me if ever it's my fault

[thebatman]

Originally Posted by 7smurfs

Wrong!

If you weren't at fault and got into an accident, the insurance company will cover anything/everything that was damaged whether it was modified parts or not. Your insurance company will then chase the other insurance company for the payment.

Example: previously had a car with vertex kit that was damaged not at fault by another car. Insurance company tried to source the kit but could not so they paid me out the value of the kit etc.

Wrong!
They don't have the obligation to cover you for non disclosed parts if you get involved in an accident.
Look at what Socket mentioned. He got reared ended last year and AAMI weren't gonna cover his CF diffuser but luckily it wasn't damaged and so he switched insurance. Not all insurance companies offer the same level of cover. You got lucky with your Veilside kit. It probably wasn't much of a difference between it and the ADR stock kit so they paid you out.

[thebatman]

Originally Posted by Newtoy

Thx for your input batman but you should probably go back to your cave and be ignorant..
I never asked to be paid for my aftermarket parts but was told by one of the operators that as long as I have the stock parts to put back in they can surely come to an agreement and all the conversations are recorded for that reason so they can go back and listen to it am more than happy..
I have a legal obligation to notify them of any changes to the car at time of renewal or application but there's no where that stipulates you have to call them everytime a change is made..legally they can't deny my claim but they can readjust my premium accordingly and take the money before the pay out..
Last there's no where that says that if they had known about those modifications they would have refuse me insurance as otherwise why would I be paying a premium knowing am not going to be covered in case of An accident?
Go read the insurance act for a start you might learn a few things buddy

Listen kid! It's unfortunate that you had an accident.
I'm giving you the logistics on how insurance companies work.
All insurance companies work on the same principle. They are a business! Out there to make money. If they can find any way to turn down a claim or pay out thousands of dollars, they will.
I clearly mentioned that they "May" or "Most likely" deny your claim, not that they "Definitely will NOT cover". You obviously were too blind to see that and now you are having trouble with your insurance claim. You are stating that they are denying your claim due to aftermarket bits and now you are going to pay an Insurance lawyer to assist you in your claim. So who's the expert here? As you clearly know by now, Lawyers fees are the biggest killer.
They deny your claim.
You hire a lawyer.
You go to court.
You may lose, you may win.
If you win, they pay out your car, but lawyers fees will be in the thousands.

Guess I'll just go back to the bat cave with my bat mobile and my billions of dollars.