My V35 Was Pelted With Rocks...my Poor Baby:( I Need Paint Code Please

[Tai1or Made]

What little dream boats.

Take them for all they're worth.

Shit things happen to good people.

With nice cars.

[Holly]

Not on this side of Australia... our public holiday was last week!

Def get your insurance on to it, you shouldn't have to pay any excess due to having the police report and the little shits being caught!

That's what I am hoping, I really dont want to have to pay excess, or have a higher premium next year:/

I'm with Lumley's Insurance, they are closed today for the public holiday east, so I'll have to wait until tomorrow to talk to them.

[81gSKy]

Welcome abroad and sorry to hear about your baby G or V, their parents should be paying for the damages.

[Holly]

So, unfortunately it boils down to I have to pay for the damages. I've spoken with insurance, they said I could file a claim, pay the excess, have the car fixed and try to be reimbursed the excess from the family. But the outcome would be lengthly and probably wouldn't happen. Ive had body shop quotes all around the $2000 mark. Screw that, I don't want to loose my no claim bonus, and my premium go up.

I've talked with Mario from the ding king, he's fixing the dents for $100, and andrew at smart finish is going to touch it up for $80. It probally won't be perfect, but at least it will look better than it does.

I hope karma pays a visit to the little shits who did this.

- Holly

[iwanta34gtr]

Sorry to hear its not the best result, im sure it will look alot better after the fix.

[t5iv]

Before you pay a cent, have a chat to someone at Clayton Utz's Torts division. How is it fair that you earn a wage, pay anywhere from 30%-50% in tax, save what you have left and purchase something that you adore just to have it destroyed by someone who's living off your tax dollars? You are in essence paying the coppers' wages to stand there and do f**k all. You are paying for the father's accommodation. You are paying for mummy's goon habit. You should get something back shouldn't you?

Clayton Utz has one of the best Torts divisions nationwide. I'd have a brief chat with someone there and ask if it's worth pursuing.

Sorry to hear about all that has happened however I wouldn't let it slide so easily. There are avenues that you can search. Pretty sure that my initial paragraph should boil your blood just enough to look at some other options. All the best!!

Clayton Utz

Perth, Australia

Australia Full-Service Commercial Law Firm

+61 8 9426 8000

[Holly]

Thank you for the information, trust me I'm still very upset about it, and pissed that the law will allow them to get away with it. Bring back Capitol punishment!

You make a very good point of our tax money is being used to benefit those people. I wish vandalism to personal property could be claimed back on taxes!

As much as I'd love to peruse legal action, the last thing I want is a bunch of agro "Canadians" turning up at my house to trash it, or hurt my family.

I'm at the point I just want to get my car fixed, Im tired of looking at the dents/scratches.

[xALmoN]

they dont have to know where you live, sister.

[GED59]

I'm with you Holly, bring back the noose for crimes against the V

[Alkatraz]

I don't understand why you would have to pay the excess on the claim when you are able to identify the party that caused the damage??? The insurance company should be the ones who try to get the excess out of this waste of space family. What was the insurance companies reasoning behind this?

[Daleo]

So, unfortunately it boils down to I have to pay for the damages. I've spoken with insurance, they said I could file a claim, pay the excess, have the car fixed and try to be reimbursed the excess from the family. But the outcome would be lengthly and probably wouldn't happen. Ive had body shop quotes all around the $2000 mark. Screw that, I don't want to loose my no claim bonus, and my premium go up.

I've talked with Mario from the ding king, he's fixing the dents for $100, and andrew at smart finish is going to touch it up for $80. It probally won't be perfect, but at least it will look better than it does.

I hope karma pays a visit to the little shits who did this.

- Holly

I'm confused; you are insured, and the guilty parties have been identified.

That's it. You only pay your excess if you are at fault, or if the other party cannot be identified; not if your insurer is too lazy to do their farking job.

Your insurer can chase them for the money; if they don't like paying claims, they should get out of insurance and go pick apples or open a KFC.

It's not up to you to chase the guilty party for money, that's the job of, wait for it; THE INSURANCE COMPANY!

That's the service you PAY for when you insure your car; they certainly don't provide it free of charge.

Tell them to get off their collective arses and serve you; THE CUSTOMER!

If they won't help, politely ask them the best way to get in touch with the Insurance Industry Ombudsman; and ask them which individual you should refer the Ombudsman to; when it comes time for them to explain the situation.

I have a funny feeling they might be a bit more forthcoming if you are a bit more determined.

Don't listen to their BS runaround; they hope you'll give up and then they get to keep your premium and do nothing.

Edited June 14, 2012 by Daleo

[Holly]

I'm with Lumley's insurance. When I spoke with them on Tuesday, I was told I would have to pay the excess and then they would try to get the funds from the family responsible and I would be reimbursed. They said this process is usually very lengthy and most of the time ineffective:( When I questioned her as to why I had to pay the excess considering I had a police report and the kids were arrested. She said that was their procedure:/

Edited June 14, 2012 by Holly

[t5iv]

Ask them for PDS re:their policy. Dale has a very strong point. They may be trying to strong you along as they know that they won't see a cent from the guilty party. That is however, their problem. Any issues take it to the ombudsman.

[Deep Dish V35]

the number of years i paid over $1000 a year (up to $3000 a year) for insurance that the insurance company would never pay a claim on.... is the reason why i now put that $1000 into my own account instead of theirs. They're tightarse handballing scumbags just like car salesman and real estate agents.

[Daleo]

the number of years i paid over $1000 a year (up to $3000 a year) for insurance that the insurance company would never pay a claim on.... is the reason why i now put that $1000 into my own account instead of theirs. They're tightarse handballing scumbags just like car salesman and real estate agents.

Couldn't agree with you more!

A long story, but it will give you an idea of what they are like. Read if you dare.

Bear in mind the employees you speak to are following a clear set of rules; that are designed to make you give up and GO AWAY. No is always their first answer in difficult situations.

They do not make these rules, but are forced to apply them. They also use assumed names, but have a code that can be used as a reference. Ask for their code when dealing with them.

Send everything by Email. Read on to see why.

My Missus was involved in a nasty accident a couple of years ago; she was T-boned by an elderly who ran a red light. Massive damage, and she spent time in hospital.

We had 4 witnesses prepared to make statements to our insurer, and the elderly gent was charged at the scene, and initially admitted being at fault. He later made a contradictory statement to his insurer that my Missus had pulled in front of him when he had a GREEN light.

I dealt with our insurer for the entire time the car was being repaired (16 weeks) and they did everything to delay/avoid, and generally give us the run around.

They decided that My Missus was at fault. They refused to contact the witnesses to corroborate my Missus story, and then started telling us that "Traffic signals aren't legally binding" and that we would have to pay our excess.

Then when we told them the other driver had been charged at the scene they tried "The Police version is not what we take into account when attributing blame".

WTF???

So traffic lights don't have to be obeyed, and the Police don't have any say... Right.

Every time I rang to clarify, or chase up the case; the last person I had dealt with was "On Leave" or any number of different bullshit excuses. I would then have to spend half an hour explaining the ENTIRE case to a new person, at which time they would then request the documents again; which would go missing; again...

Every time I faxed documents (the only way they would accept documents) they "weren't there" or "hadn't come through".

They refused to pay for the Police report because it "Might not contain the information we desire" even though it clearly stated that the other driver was at fault and had been charged with negligent driving at the scene.

Then they made the mistake of sending me an Email.

I then scanned EVERY document, plus witness statements that I had collected on their behalf, and every name of every person I had dealt with in the elapsed time (which was now 10 weeks; still with no result) into a file.

I then rang for what seemed like the four millionth time and got more run around when I had to deal with YET ANOTHER new person. When they started their spiel, I asked for their personal Email address and sent the ENTIRE file to them. If I was transferred; I would do the same.

Now I had a proven way to establish that they had all the relevant documents in their possession. They transferred me and it started again; sent file again.

This went on, once a day, every business day for another 4 weeks. (We are now at 14 weeks and they still can't decide who is at fault).

I was finally handballed to a "supervisor" by a guy who couldn't rattle me even after swearing at me, in an attempt to engage me in an argument; so that he could terminate a 2 hour phonecall.

I told this guy that I would ring on the hour, every hour if the issue wasn't resolved at the end of one week.

He then rang and abused/threatened my Missus (who was standing next to me in the kitchen) on our home phone; which has an inbuilt answering machine until she was in tears. I decided to record the conversation, and then played it back to him after I'd taken the phone from my missus.

He SHIT himself.

I told him that I was going to hand over the recording to the Ombudsman.

The next day the issue was resolved, (no excess, and no more arguing) and we received a formal apology from the Regional operations manager of the insurer.

The crux of our situation ended up being that the at fault driver was insured by THE SAME insurer as my Missus; so they were trying to take two bites at the cherry, as they had to pay for BOTH cars.

I haven't named the insurer, but if you'd like to know who it is; feel free to PM.

Do not give up.

Cheers, Dale.

[Yo-Yo]

I told him that I was going to hand over the recording to the Ombudsman.

The next day the issue was resolved, (no excess, and no more arguing) and we received a formal apology from the Regional operations manager of the insurer.

The crux of our situation ended up being that the at fault driver was insured by THE SAME insurer as my Missus; so they were trying to take two bites at the cherry, as they had to pay for BOTH cars.

I haven't named the insurer, but if you'd like to know who it is; feel free to PM.

Do not give up.

Cheers, Dale.

Too long But DID read.

Holy shit dale, please tell me you still referred them to the ombudsman, what they did is standard practice & that is NOT on. These insurance companies need to be accountable for this kind of crap.

Only reason you received an apology from the regional manager is they got caught with their pants down

[interfooler]

You may have to pay the access when you lodge the claim. But they will have to refund you later because you are not at fault, REGARDLESS of whether they managed to recoup money back from the at fault party. And it is the insurance company's responsibility to chase after the at fault party for the money not you! You should NOT have to pay a single cent at the end of the day, period.

[Daleo]

Too long But DID read.

Holy shit dale, please tell me you still referred them to the ombudsman, what they did is standard practice & that is NOT on. These insurance companies need to be accountable for this kind of crap.

Only reason you received an apology from the regional manager is they got caught with their pants down

Cheers mate, sorry about the length; but it was the only way to get across the effort they would go to in trying to avoid their responsibility.

They were reported, and owned.

You may have to pay the access when you lodge the claim. But they will have to refund you later because you are not at fault, REGARDLESS of whether they managed to recoup money back from the at fault party. And it is the insurance company's responsibility to chase after the at fault party for the money not you! You should NOT have to pay a single cent at the end of the day, period.

This is true; but try to avoid it if possibe, and ensure they agree IN WRITING.

The catch will come when you have the car repaired; you normally have to pay the excess to the repairer, so they have you over a barrel, and they get to hide from you.

[Holly]

Daleo, what an absolute nightmare you and your wife went through! I hope your poor wife didn't suffer any permanent injuries caused by the wreck. Good on you for fighting back and taking assertive actions.

Thanks to everyone for the advise on what to do with my insurance company. I did read over the policy regulations, and it does state "in some circumstances we will waive the excess fee, if the persons responsible are identified" I called the insurance on Friday to quote this, and again explained the situation. I was told in the event of an accident with another car, (not my fault) the excess waiver would be applied. But not for my vandalism case. It's a battle I won't win. And a headache I don't want.

On a bright note, Saturday I took my car to Mario from the ding king, he removed all 3 dents caused by the rocks, and was able to buff out the scratches, all for $100. All I'm left with is the area of chipped paint to get to get touched up. But it already looks 100 times better!

- Holly

[t5iv]

^like.

At least it didn't cost you an arm and a leg.