Bilbo, the "Cruiser and the insurance company,,,

Submitted: Friday, May 05, 2006 at 20:47
ThreadID: 33589 Views:2415 Replies:19 FollowUps:14
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Some of you will remember my stolen 100 Series "Cruiser (I certainly do) and the ongoing fight with my insurance company.

Well, at last I've won!! They've paid out the policy value of $47,150.00 in full!!

It was long hard fight with a lot of abuse. It finally took a private valuation from a professional valuer, lot's of attention to detail and some good photos. But I reckon the clincher was the 7 page letter that pointed out the incompetence of the insurance company, the fast that we had a contract called "an insurance policy". some legal points on contract law, some very big latin law phrases and threats of legal action.

They initially verbally offered $36,000.00, then $37K, then $39K, then finally, in writing 42K. That's when the 7 page letter was written.

I got my money - $47,150.00

As I said before, to the doom and gloom merchants, if you accept what the system gives you, then you deserve what you get.

I'm happy.

Bilbo
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Reply By: boogyman - Friday, May 05, 2006 at 20:53

Friday, May 05, 2006 at 20:53
congrats on the win though it shouldnt have been a fight... maybe time for a change of insurance company??? good to see the little guy win for a change.
AnswerID: 171028

Follow Up By: Member - Crazy Dog (QLD) - Friday, May 05, 2006 at 21:41

Friday, May 05, 2006 at 21:41
Onya my man!

Grrr!!!
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Reply By: Member - Doug T (QLD) - Friday, May 05, 2006 at 20:59

Friday, May 05, 2006 at 20:59
Mate I reackon everyone is happy for you , good on ya . SOOO now what ya gonna do , get another nice Wagon ,??? what ever you do Good luck and take it to bed with you so no mongrels can get it.

Doug
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AnswerID: 171029

Follow Up By: Bilbo - Friday, May 05, 2006 at 21:28

Friday, May 05, 2006 at 21:28
Doug,

When the 'Cruiser vanished, I had a good idea that it was gone for good. Just too many vibes about the whole theft, too many clues - it's a long story.

So,,,,,,,,,While the police & the insurance company were faffing around, I went out & bought a 2.8 Nissan Patrol with a blown motor and put a 6.5 litre Chev V8 diesel in it.

It's "a nice wagon".....................

So nice, in fact, that I sleep in it ;)

Bilbo
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Reply By: Bobthe... - Friday, May 05, 2006 at 21:08

Friday, May 05, 2006 at 21:08
I love your work bilbo,standing up for what you believe in,never taking a backward step.My sister done excactly the same thing,and yes she had a win too...
AnswerID: 171030

Reply By: Old Scalyback & denny - Friday, May 05, 2006 at 21:27

Friday, May 05, 2006 at 21:27
congrats bilbo maybe now is the time to head off for this years "retreat " the trouble is you cant replace that detector you just got used to or the gps with the funny jumps etc etc you know what i mean but jeez its good to see someone win

steve
AnswerID: 171034

Follow Up By: Bilbo - Friday, May 05, 2006 at 21:41

Friday, May 05, 2006 at 21:41
Scaly,

Fortunately, the 2 new GP3500s weren't in there - they would have been if it had been a week later! Neither was the GPS or the Honda genny or the Autofridge etc. There was a heap of "get me outta the poo" electrical bits in there though plus some very hard to find big spanners. The sort of spanner that costs $95.00 for ONE at Repco!

Even now I'm discovering stuff that I forgot was in there, just small stuff mainly, but it has to be replaced.

Yer right mate, it's nice, very nice, for the little bloke to get what he's owed from the big end of town.

Thanks,

Bilbo
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Follow Up By: kesh - Saturday, May 06, 2006 at 07:34

Saturday, May 06, 2006 at 07:34
Just dont forget to replace the mag. for the .22 hornet!
Yeah, good result, and I rather suspect you didn't really mind the stoush. When it all boils down they had to be on a hiding to nothing.
That bit of paper was their contractual arrangement with you and no amount of wriggling was going to change that fact.
cheers. kesh
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Follow Up By: Bilbo - Saturday, May 06, 2006 at 08:03

Saturday, May 06, 2006 at 08:03
Kesh,

I wish I could get a new mag for the gun but at the prices I've been quoted - $180.00 - it'll be a long time before it's replaced. I'll be going bush without it this year.

$180.00 for small bit of pressed metal and a spring!! Someone's having a lend I reckon.

Yer right about the contract. That's exactly what it is. Also, look up the latin law phrase -"Uberimma fides". That's the other thing that clinched it - each contractual party must negotiate in abundant good faith. They didn't and I knew it.

Bilbo
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Reply By: Member - Prickle (SA) - Friday, May 05, 2006 at 21:27

Friday, May 05, 2006 at 21:27
Congratulations.

A relief no doubt.
Russ


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AnswerID: 171035

Reply By: Member - Kiwi B - Friday, May 05, 2006 at 21:51

Friday, May 05, 2006 at 21:51
Well done.
Persistence pays.

AnswerID: 171042

Reply By: Motherhen - Friday, May 05, 2006 at 21:56

Friday, May 05, 2006 at 21:56
Good onya Bilbo. Unfortunately insurance companies are money making big businesses, not service organisations. They have a vested interest in not paying you, and you have to keep on fighting to get your rights. I didn't see the original thread, but was told about your new vehicle by another forumite. I hope you are more than happy with the vehicle you have now.
Motherhen

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AnswerID: 171047

Reply By: Trekkie (Member - WA) - Friday, May 05, 2006 at 23:37

Friday, May 05, 2006 at 23:37
Bilbo I have been following your story since your first post about the theft. You have had a great result. I do not agree with the comments made that you should change insurance companies - you have had a good result - even with a hassle - they have paid you what you are entitled to.
In a previous life I owned a small general insurance brokerage. You would be surprised at the number of claims where the claimant is after more than he is entitled to. Stats show that the majority of house thefts claim more than was stolen - how many people have a car accident and also want those other little dings fixed as well - so if you were the insurance company you might get a little defensive as well - wrong attitude, but maybe, maybe almost justified - just dont let them try it on you or me !!!
So you have had a good result - can you now name the company - For one I might insure with them (I have seen too many claims where they NEVER bend and are prepared to go that extra step, and let it go to court.) Who is the Company?
AnswerID: 171072

Follow Up By: Bonz (Vic) - Saturday, May 06, 2006 at 09:16

Saturday, May 06, 2006 at 09:16
I agree I thinbk that the company now would be aware of you and would tread differently n future dealings.....hopefully there wont be any
.
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Follow Up By: Bilbo - Saturday, May 06, 2006 at 23:03

Saturday, May 06, 2006 at 23:03
Bonz, I'm only 5 feet 5 inches tall - not much bigger than a Hobbit ;) - so I have to punch above my weight, if I'm gonna hit someone, I have to hit 'em so they don't get up. Otherwise I die! So I have to hit 'em hard enough to make 'em remember me!

I had something of a reputation when I was working as a person not be crossed. I'm easy going until I get P****D OFF!

Bilbo
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Reply By: Member - Mike H (VIC) - Saturday, May 06, 2006 at 00:39

Saturday, May 06, 2006 at 00:39
Hi Bilbo,
great news and well done.

Now when are you heading off to go for some of that yellow stuff?
Price is good at present........

All the best,
Mike
AnswerID: 171077

Follow Up By: Bilbo - Saturday, May 06, 2006 at 22:46

Saturday, May 06, 2006 at 22:46
Mike,

Just gotta finish ripping out both sets of back seats - 2nd & 3rd rows, putting some storage space in the Nissan Chev, carrying rack for 140 litres of water, fitting a hi-lift jack carrier, jerry can holders, fitting an HF antenna tube carrier, a pole carrier for me awning poles, fitting the solar panels, wiring up some fridge wiring, wiring up detector battery chargers, getting a wheel balance, rewiring me HF radio, getting me Selcall all sorted out gain, making a place in the back fer me "litle mate", Toby the Aussie Silky, finding a place for the wife to sit, and er ummmm a few other little things that prolly won't get done at all.

But I'll get there,,,,,,,,,,,,,,,,,,,

Bilbo
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Reply By: V8Diesel - Saturday, May 06, 2006 at 00:54

Saturday, May 06, 2006 at 00:54
Well done Bilbo. Recently had a similar experience myself when my Cruiser was written off by a drunk. Got the same run around too. After much 'discussion' I eventually got the full amount.

AnswerID: 171078

Reply By: Trevor R (QLD) - Saturday, May 06, 2006 at 05:03

Saturday, May 06, 2006 at 05:03
Nice result Bilbo, but you forgot to give yourself a plug....What are your fees for negoitiating with insurance companies. You never know when we may need you hahaha.
Happy for you at last.

Regards Trevor.
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Reply By: Member - John R (NSW) - Saturday, May 06, 2006 at 06:47

Saturday, May 06, 2006 at 06:47
Congratulations Bilbo.

Would you be prepared to name the company once the matter's settled, so that I can take that into "consideration" when comparing policies at renewal time? ;-)
AnswerID: 171085

Reply By: Bilbo - Saturday, May 06, 2006 at 07:52

Saturday, May 06, 2006 at 07:52
The company was Western QBE. I didn't want any more than was on my policy. In fact I lost out on the Jaram Roof Rack, dual battery system and "Outback" drawer system that was in there. I beleive in being honest and fair and those things weren't notified to the company - stupid I know & my fault. All I wanted was what I paid for.

Apparently, Western QBE are one of the hardest to deal with in these situtations. One of the best is Wesfarmers Insurance. Or so I've been told.

I'll be off to find some yella to make up for losses as soon as I get this Nissan Chev sorted out well enough to "go serious bush".

I would seriously recommend that all of you go through your trucks and note anything that isn't standard fitting. Make a list and send it off - in writing - to your insurance company. Ask for confirmation that these things have been annotated on your policy, again in writing. It's the only way you have a hope that they will pay up for the extras.

Trev, I do have a reputation in my family of "writing complaint letters" about shoddy goods and services. I've never yet had a bad result. Bottles of HP Sauce, a months supply of bread rools, frozen food - hand delivered I might add, a new fridge, bottles of wine. Over the years, the list goes on. I pay good dollars for stuff - I want good stuff. Fair swap I reckon.

Take care all of you and immense thanks to all who supported me during this particularly bad period. It's nice to have someone to talk to.

Bilbo
AnswerID: 171092

Follow Up By: Nav 8 - Saturday, May 06, 2006 at 10:18

Saturday, May 06, 2006 at 10:18
Well done Bilbo,,can I ask was your vehicle insured for market or aggreed value? I too am insured with Western QBE and to date have found them to be good to deal with but only small claims like windscreens etc I might ad.
Regards Nav.
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Follow Up By: V8Diesel - Saturday, May 06, 2006 at 11:51

Saturday, May 06, 2006 at 11:51
Wesfarmers Federation Insurance are excellent in my opinion. I've been commercially insured with them for years and to daye have claimed a seriously T-boned HJ75 and written off a 105 Cruiser. They will also insure anywhere in Australia, not just gazetted roads. With my 75 they organised a reputable panel beater to work over the weekend as I relied completely on it for work. I left direct from the panel beater's on Sunday night with drying paint, masking and overspray still on and went straight through to Meekatharra to meet my crew at the mines office Monday morning as planned. They acted over and above anything I could resonably expect and got me out of a very difficult position.

Wesfarmers are located at 32 Farrall Rd, Midvale and the phone number is 9273 5666. Usual disclaimer: I have nothing to do with them or any financial association whatsoever etc. I'd also say this has been my experience with them, mightn't be yours.

With my 105 I had to argue the value too. It took some time and a lot of to-oing and fro-ing but their assesor was reasonable and willing to listen. Remember he's got his job to do and I've got mine. In the end I recieved the full amount and they arranged a cheque straight away.

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Follow Up By: Member - John R (NSW) - Saturday, May 06, 2006 at 15:15

Saturday, May 06, 2006 at 15:15
AH HAH!

I had a friend who had a similar problem with a motorcycle policy. He lost out badly and was treated with contempt.

I had my bike with WQBE until only a couple of weeks ago. I did not renew, and probably wouldn't consider them for any other insurance. Besides, the company I went with was $120 cheaper for AGREED value, and had many policy "extras" that the WQBE did not.

Thanks for the info!
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Follow Up By: Bilbo - Saturday, May 06, 2006 at 23:07

Saturday, May 06, 2006 at 23:07
Nav,

It was for "Market Value" - I'd never go that way again!

Bilbo
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Reply By: Richard W (NSW) - Saturday, May 06, 2006 at 08:05

Saturday, May 06, 2006 at 08:05
Well done on achieving an acceptable outcome although I would have thought the proffesional valuation should have been enough.
AnswerID: 171094

Reply By: Member - Toolman (VIC) - Saturday, May 06, 2006 at 09:56

Saturday, May 06, 2006 at 09:56
Bilbo,
Excellent outcome. You did say you were a pretty good bush lawyer. I've been reading your about adventures with some interest. Keep them coming.

Tom
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Reply By: Member - Ozdyssey (QLD) - Saturday, May 06, 2006 at 11:23

Saturday, May 06, 2006 at 11:23
Good to here someone having a win.

We had insured with Western QBE until they got the written list of mods for the Troopy. Gave them a fright I think when they saw it all in writing. They said they would only insure us if the mods were no more than 40% of the vehicles market value.

Main reason we went with them was the 'unlimited windscreens' cover and their competitive price.

We have since gone with RACQ 'agreed' value after reading you original posts Bilbo. Market value is too risky. My brother was a loss assessor for one of the big companys and said they are trained to 'keep the overheads down'.

Bilbo, we are also looking at having the Carminder www.carminder.com.au GPS tracking system fitted. Cost $900 - it monitors location by GPS and if car is stolen sends an SMS to your mobile with co-ords and ubd ref then you ring the cops. It works on GSM but CDMA should be possible. Even so, when car reaches GSM area it sends the SMS. It can also work on a perimiter system so if car moves outside it, the system is activated. Only costs $30/yr for the phone card from vodaphone. It can also be programmed to unlock your car using SMS, handy when locking the keys inside.

Enjoy your victory.
John

I think for the cost it's worth thinking about. especially with the time we put into setting up our rigs.
AnswerID: 171116

Follow Up By: Bilbo - Saturday, May 06, 2006 at 23:21

Saturday, May 06, 2006 at 23:21
"Oz",
I too thought about GPs tracking system. But professional car thieves know about 'em and where they are usually placed on a vehicle. First thing that gets ripped off? - the GPS. Plus if the car is "warehoused" or put in a truck container, how does the GPS see the sky?

Questions worth asking for $900.00.

Bilbo

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FollowupID: 426691

Reply By: David from David and Justine Olsen's 4WD Tag-Along - Saturday, May 06, 2006 at 12:55

Saturday, May 06, 2006 at 12:55
I for one would love to see the content of that letter, could learn a thing or two.
AnswerID: 171130

Reply By: Member - Ian W (NSW) - Saturday, May 06, 2006 at 15:41

Saturday, May 06, 2006 at 15:41
Hey Bilbo - top result and only yourself to credit for the outcome. I have followed your various ups and downs through this whole exercise with great interest.

Please! Please! Don't sign off now, the exercise is not complete, I'm sure many members like myself have become intrigued with your Nissan/Chev. conversion.
Please keep us up to date with progress on this project. Yeah I know you have it on the road but would like to have some feedback over a period of time as all settles/wears in. Info on fuel consumption, vehicle weight loadings, performance, drivability, positives and negatives etc:
I would be particuarly interested in any after sales/fitment issues you might experience and how they are handled.
Just think of yourself as a rolling test bed. (LOL)

Once again, congratulations on the result achieved though I have a suspicion you would rather not have had the experience.

Ian W.
AnswerID: 171150

Follow Up By: Bilbo - Saturday, May 06, 2006 at 23:24

Saturday, May 06, 2006 at 23:24
Will do, Ian.

Keep a lookout for the next episode. Could be a few weeks away though.

Bilbo
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FollowupID: 426692

Reply By: Bilbo - Saturday, May 06, 2006 at 22:36

Saturday, May 06, 2006 at 22:36
If anyone wants a copy of the letter, you can PM me or email me at:

leslowe@iinet.net.au

It may help one day.

Bear in mind, the letter was formulated from copious, detailed notes that I kept after each phone call from Western QBE's Loss Adjuster. It's vital not to rely on your memory. Keep notes, lots of 'em, time and date, every word that was said, etc, etc. It took me 5 hours to get it all in a logical order suitable for a letter.

That, plus some research and the application of a bit of contract law that I learned in my last job before I retired. We were bidding on oil & gas construction jobs and running projects under contract.

Bilbo
AnswerID: 171217

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