update on stolen camper trailer and insurance cover update

G`day Pat,
It`s a similar story to my fishing mates, he had two outboard motors stolen from his back yard, one was on a boat, the other inside a shed.

The insurance would not pay for the one on the boat because it was attached to the boat and should have been covered by boat insurance.
The one in the shed was covered and they paid up for this one.

Ever since this occurred I have always removed my outboard from my boat and stored it in the shed on a trolley.

Good luck with recovering your camper trailer.

Scrubby.

Hi Pat,

Was your trailer/camper Capable of being registered? i.e. Ready for the road. If not you may still have a winnable argument.

Good luck

Firstly, I'm sorry to hear that some low life in society has decided they need your project more then you.
I think its a bit interesting that the insurance company has offered you an exgratia payment. Insurance companies are never keen to give away money unless they have to. I find it difficult to comprehend why they would knock back a claim but give you some money anyway?
I think I'd keep fighting if it was me.
I could understand if it was ready to register then they could knock it back as it would then be classed as a vehicle. What you intend on doing with the object should have nothing to do with it.
Tim

I think your best way to tackle it is to deny it was a trailer which would then put it under contents isurance. Obviously a solictor will have their plan of attack as well but just a suggestion.
A "trailer" as defined by NSW traffic legislation is
trailer means a vehicle that:

(a) is built to be towed, or is towed, by a motor vehicle, and

(b) is not capable of being propelled in the course of normal use on roads without being towed by a motor vehicle,

whether or not its movement is aided by some other power source, but does not include:

(c) a motor vehicle being towed, or

(d) anything declared by the regulations to be excluded from this definition.

And "vehicle" means
vehicle means:

(a) any description of vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway, or

(b) any other vehicle prescribed by the regulations.

So from those definitions you have 2 points to argue in order to prove it wasn't actually a trailer. Firstly it was not "built" rather is was being built and not completed at the time of the theft. The second point is to be a vehicle, it must have wheels..... Depending on what you told the insurance company already..... is it possible it didn't have wheels on and the crooks put them on before towing it away???? Or in the absence of a tow hitch I would say it can't be defined as a trailer as its not "capable of being propelled".

Anyway, good luck!
Tim