Double oops

Submitted: Monday, Jun 13, 2016 at 09:41
ThreadID: 132731 Views:3488 Replies:3 FollowUps:5
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Dunno what happened here but not a good day..

Surfing Utes

Looks to me like some fun and clowning around till the uh oh moment..

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Reply By: Ron N - Monday, Jun 13, 2016 at 11:26

Monday, Jun 13, 2016 at 11:26
Boobook, they'd better hope their insurance companies are very accommodating, or that will be one VERY expensive lesson.
AnswerID: 601282

Reply By: cruza25 - Monday, Jun 13, 2016 at 12:06

Monday, Jun 13, 2016 at 12:06
English tourists or locals ???

Glad nobody hurt but what a waste of 2 good vehicles

Would insurance cover such incidents as this

Cheers
Mike
AnswerID: 601284

Follow Up By: TomH - Monday, Jun 13, 2016 at 13:53

Monday, Jun 13, 2016 at 13:53
Hardly unless the beach is a gazetted road
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Follow Up By: Peter_n_Margaret - Monday, Jun 13, 2016 at 15:01

Monday, Jun 13, 2016 at 15:01
Depends on the fine print.
Some do, some don't.

Cheers,
Peter
OKA196 Motorhome
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Follow Up By: Member - ACD 1 - Monday, Jun 13, 2016 at 16:13

Monday, Jun 13, 2016 at 16:13
Mine does!

So long as;

- there is no legal reason for me not to be there I.E. Signs indicating local by-laws, trespassing on private property or restricted access by statute.

- I am not breaking the law by being careless in my actions I.E. Speeding, unroadworthy vehicle or affected by drugs or alcohol

Basically so long as I have authority to be there I can go anywhere my vehicle was designed to go.

Cheers

Anthony
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Follow Up By: Member - Roachie - Monday, Jun 13, 2016 at 18:00

Monday, Jun 13, 2016 at 18:00
QUOTE:.....Basically so long as I have authority to be there I can go anywhere my vehicle was designed to go........UNQUOTE.

And therein lies the Insurer's "OUT". It is highly unlikely that your vehicle is designed to go under salt water. As such, the insurance company could legally argue that they drove their vehicles where they weren't meant to go...(IE: In the path of the salt water). Sure, the owners could argue that there was no salt water there when they parked the vehicles, but the insurer will, no doubt, counter by arguing that any reasonable person would realise that they were below the high tide mark and therefore should not have parked there.

Just playing devil's (ie Insurer's) advocate.....



Roachie....Don't follow me....I'm lost!

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Follow Up By: Member - ACD 1 - Monday, Jun 13, 2016 at 19:08

Monday, Jun 13, 2016 at 19:08
Sorry Roachie - your advocacy in this case is incorrect...

The vehicle (a 4wd) is designed to drive along the beach - therefore it is designed to go there.

The beach is public access - therefore I am permitted to be there.

If I become bogged on the beach and cannot retrieve the vehicle before the tide turns - I am insured as the loss is accidental as I was not being careless in my actions.

However: If I drive my Commodore into the surf and park there for a laugh and I get stuck and they can prove this - then I am not insured.

Saltwater or freshwater - nothing to do with it.
Being lower than the high tide mark - nothing to do with it. It is "reasonable" to drive below the high tide mark.

I went into this with my insurer prior to going on our trip around Australia. I gave them every permutation I could think of. I had my broker confirm it all in writing.

You would probably hate to pay my insurance premium - I have been with the same company for over 25 years, EVERYTHING I own is insured with them (including special risk items). While I have only had a few claims, they have been big claims. They have never faulted and their service is second to none.

I remain confident I am insured appropriately.

Cheers

Anthony
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Reply By: Life Member - Fred B (ex-NT) - Monday, Jun 13, 2016 at 15:39

Monday, Jun 13, 2016 at 15:39
Would have been too dangerous to attempt a rescue in that surf...
regards
Fred B
VKS 737: Mobile/Selcall 1334

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