insurance pitfalls and blindspots

Submitted: Friday, Aug 20, 2010 at 15:10
ThreadID: 80845 Views:4766 Replies:7 FollowUps:11
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Hi all. A recent thread regarding insurance has got me thinking. Our camper trailer insurance is up for renewal and I'm doing a bit of 'homework'. I was reading my current policy pds and trying to figure out what was covered and what wasnt. For instance, there is no mention in my policy of on road vs off road 'events'. Do I have to have off road use specified as acceptable in the policy? Anyone out there made a claim and found out they were not covered under their policy? We have an offroad Challenge campertrailer which we frequently use in caravan parks and less frequently use for stays at official bush campsites or similar, and occasionally use in remote bush camping.Thanks for any comments. doc.
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Reply By: Member - Wayne D (NSW) - Friday, Aug 20, 2010 at 15:22

Friday, Aug 20, 2010 at 15:22
Its all very hard to follow at times. I know a 4wder in Tassie was not covered because of his rooftop tent and awning as it was then classified as a campervan. Figure that one out!!!
I emailed my in insurance company NRMA and asked them was I covered if I had my awning on and they emailed (now in writing) that the vehicle was covered but the awning was not as it was not on the policy, fair enough. I also clarified at the time that I was insured while 4wd and had that confirmed too (not competition)
Email is a good way to clarify, as it comes back in black and white.
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Reply By: Honky - Friday, Aug 20, 2010 at 15:44

Friday, Aug 20, 2010 at 15:44
If it is not excluded than it is covered.

Honky
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Follow Up By: pop2jocem - Friday, Aug 20, 2010 at 16:20

Friday, Aug 20, 2010 at 16:20
Some time ago I was told by an insurance broker to read the policy document very carefully because in his experience it was a case of "if it specifically states that an article is covered and the circumstances of that coverage are also specified then you are covered. Never assume anything because if coverage is not stated then none exists." As has been already said, if you are unsure of any particular possible event get clarification in writing.

Cheers Pop
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Follow Up By: get outmore - Friday, Aug 20, 2010 at 21:46

Friday, Aug 20, 2010 at 21:46
nope

Honkeys right the PDS is the be all and end all, it IS in writing

it excludes stuff like no coveradge in the event of nuclear war and terrorism

if they havnr excluded it then its included

thats why they exclude obscure stuff like ive mentioned

no where in a PDS does it say when your covered only when you are NOT
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Follow Up By: oz doc - Friday, Aug 20, 2010 at 23:46

Friday, Aug 20, 2010 at 23:46
Hi all, I'm not going to disagree here however my lifes experience with making claims from insurance companies is that their first and standard response is always- "you are not covered". Statistically a significant amount of people will drop a claim at the first negative response(which is why the companiies have this policy)whether or not they are covered. I think someone somewhere made a movie on this subject.doc.
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Follow Up By: Maîneÿ . . .- Saturday, Aug 21, 2010 at 16:04

Saturday, Aug 21, 2010 at 16:04
I agree with oz doc, the insurance company will tell you what is covered, what is not mentioned they then can say is not covered when you attempt to make a claim.

They generally don't tell you what is not covered, only what is covered, if it's not specifically stated in writing then consider it is not covered and ask them more questions.

Maîneÿ . . .
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Follow Up By: get outmore - Monday, Aug 23, 2010 at 01:16

Monday, Aug 23, 2010 at 01:16
"if it's not specifically stated in writing then consider it is not covered "

as i said they dont state anything thats covered only whats not

theres no question they can start by denying claims but at the end of the day the PDS

IS in WRITING and IS the be all and end all - all the stuff they have says refer to it

i think you will find any claim refected is mor on the interpretation of thre PDS

as an example the most common asked question is "am i covered off road"

my PDS specifically says i am not covered if i am outside australia

therfore i am covered offroad in Australia

BUT

i have to be not deliberatly damaging my vehicle

and i have to be legally entitled to be there
and not racing or partaking in time trials
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Follow Up By: oz doc - Monday, Aug 23, 2010 at 08:48

Monday, Aug 23, 2010 at 08:48
Hi get outmore, I've even had an insurance company arguing against their own pds in an attempt to get out of an insurance claim(not car insurance). It was in their own printed black and white and they still wanted to argue and and argue. Only when I threatened legal action did they shut up and get out the cheque book.I get the feeling that insurance companies don't expect their clients to actually read the pds. I for one do.(not saying I totally understand all of it).doc.
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Follow Up By: Maîneÿ . . .- Monday, Aug 23, 2010 at 11:37

Monday, Aug 23, 2010 at 11:37
I believe you will find they can and will argue the vehicle was used "off the road" and it is registered as a motor vehicle to be driven on the road, I know this by the experience of a neighbor.

You have to make sure it states the vehicle is covered when driven "anywhere" in Australia, not just on the designated roads of the nation.

Maîneÿ . . .
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Reply By: Member - Graham H (QLD) - Friday, Aug 20, 2010 at 15:48

Friday, Aug 20, 2010 at 15:48
Best way is to give them a list of what it has like awnings annexes etc and ask for comprehensive cover ANYWHERE IN AUSTRALIA.
and ask if all the things you have included are covered.

EG I asked for contents cover with my van. The company would insure them on a table in an annexe which wasnt lockable but if I put them in a locked and alarmed car they werent insured

So go figure the logic in that.

If you have your home you can get an extension on your home policy to cover contents in the car etc but if you have no home as in our case its hard to do.

AnswerID: 427857

Reply By: Member - Trevor H (SA) - Friday, Aug 20, 2010 at 17:46

Friday, Aug 20, 2010 at 17:46
Be carful with what you list as in my case I had 15k plus bolted on and all speicified on the ploicy. wrote it off and got the market value the same as if it was a clean skin.

luckily I removed about $10k of the bits and bobs that were not damaged before I released it to the insurance company. Had they repaired it they wouldhave been obligated to reinstate all items on the ploicy but not consider them in pricing for a wite off.

I now have agreed value and listed items on the policy, thats called covering your risk.

and ys the $10 k of stuff fitted straignt on the next car.

First question I ask on coverage is where am i not covered? and if the response is anything other than every where were you are legaly allowed then i move on to the next insurance company. Then the follow up is even in a creek crossing, yes, even in the middle of the desert, yes, private property yes provided you are there legally.

That generaly does me

regards
Trevor
AnswerID: 427870

Follow Up By: Outa Bounds - Friday, Aug 20, 2010 at 22:20

Friday, Aug 20, 2010 at 22:20
So if you have extras on a vehicle and haven't stated them under the policy to be covered, in case of a write off do you have the right to remove them?
We've just purchased a new car (Jeep Wrangler) and a few insurance companies don't even do agreed value, or not for what you actually paid (I suppose because some of it was stamp duty etc). We only have a few basic extras like factory 2" lift, bullbar and towbar straight up.

You're right in that if you do state the extras and the car is written off then you lose out big time, unless of course you've managed to insure it for a decent agreed value to account for that (you'd pay the price in the insurance premium though). But then again I guess it's the same if you sell that vehicle to a dealer, you won't get bugger all for the extras!
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Follow Up By: Super (NSW) - Tuesday, Aug 24, 2010 at 15:11

Tuesday, Aug 24, 2010 at 15:11
Hi Trevor,

Trap for the unwary, AAMI were happy to add about $8K of extras (Tyresmart, HF radio, UHF radio, cargo barrier, etc) with no increase in premium AND no increase in payout for a write off BUT, in the event of writeoff they got to keep all the extras!! I consequently told the bloke at AAMI to take all the extras off the list. Prior experience confirms this as I had a write off and could remove all the extras not specified but had to leave the ones on the policy even though they were in good working order.

As regards what's in and what's out, my business experience in negotiating large IT outsourcing deals was that if it's not in, it's out. Clients were always claiming that if it wasn't specifically excluded it must be in. All my contracts stated very clearly that if an item was not specified it was not included. If the client wanted to include something not specified, that could be done but at an additional cost. I always operate on this principle and seek clarification if the wording is unclear.
Regards,
Phil

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Follow Up By: The Landy - Tuesday, Aug 24, 2010 at 16:19

Tuesday, Aug 24, 2010 at 16:19
Hi Trevor

The law says that an insurer must 'clearly inform' you of the restrictions in the insurance policy before you enter into the contract. The insurer may have failed to clearly inform you of the policy's cover if:

They do not give you a copy of the policy document and the product disclosure statement or

The wording of the policy is unclear or ambiguous.

If this is the case, the insurer is penalised. The penalty is that the contract will have terms set by law (which are usually more generous and less restrictive than those in the policy document). That is to say, you may have the right to claim a greater amount than the contract allows, or to claim where the contract does not allow it.

So if it says you are covered anywhere you are legally entitled to be it means just that.

Cheers, The Landy
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Reply By: Motherhen - Saturday, Aug 21, 2010 at 15:16

Saturday, Aug 21, 2010 at 15:16
Also be aware of duty of disclosure. Simple things like a speeding ticket since last notification will give them something to argue about.

True Doc, many companies will say no first up and you have to start negotiating from there. It is not like a Medicare claim where it just happens to a formula.

Motherhen
Motherhen

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Reply By: Teraa - Sunday, Aug 22, 2010 at 17:55

Sunday, Aug 22, 2010 at 17:55
I know one straight off you won't be covered on a closed road espically in the outback and what you read on a sign on the road can be different to what roads is saying when you ring or what is displayed in various places and the Internet. So how do you get that one right
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Follow Up By: Member - Graham H (QLD) - Monday, Aug 23, 2010 at 09:32

Monday, Aug 23, 2010 at 09:32
Yes We wanted to go down a back road from I think it was Barry to Kookynie
(spelling)?

The road had a closed notice on it which p.....d me off as had to go back to Leonora again after asking at the info centre.

Got back and lady was sitting in car with a man, who when we asked turned out to be the shire boss or whatever.

He said the road has been open for 3 days.

I said well why has it got Closed signs on it.

He got on phone and gave someone a rev up.

We went further down the highway and in another road only to get to the same road with the same signs. We did go down it and at the other end it also had a closed sign on it.

Where would we have been if we had an accident.

I hate to think and all because someone couldnt be bothered removing the signs.

Road was perfect had been graded and was nice and smooth.

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Reply By: The Landy - Monday, Aug 23, 2010 at 09:38

Monday, Aug 23, 2010 at 09:38
Both insured and insurer have a mutual duty to act with the utmost good faith one to the other and this is covered under the Insurance Contract Act. Duty of disclosure at the time of taking out a policy, renewing, and at the time of a claim is often the area that leads to an initial claim rejection.

On policy coverage, it is the duty of the car insurance company to tell its potential clients about what particular conditions a motor vehicle insurance policy covers and does not cover.

So a PDS that says something along the lines of, ‘you are covered anywhere in Australia that you are legally entitled to be’ means just that. And any further clarification will most likely only weaken, not strengthen, your policy and rights under the policy.

And keep this in context, most insurance claims are paid without any problem, the system would fail if they weren’t.

But seek you own independent advice to the level of comfort you require!

Cheers, The Landy
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