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any lawyers on here, ? about insurance

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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=23888
Printed Date: 01 October 2025 at 9:09pm
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Topic: any lawyers on here, ? about insurance
Posted By: Kazzle
Subject: any lawyers on here, ? about insurance
Date Posted: 20 January 2009 at 3:29pm
for the second time in 5mths some silly buggar has hit our car (both times neither person has stopped), the first was written off, and this one we are awaiting to see if it can be fixed,

but my question is, neither time was our fault, and because the person didnt stop we have no details for them, so the insurance company is making us pay the excess, even the police reckon we shouldnt have to pay the excess as it was in no way our fault...

so my question is, how do we go about getting the insurance company to wave the excess, ive argued till im blue in the face with them today, but they just wont budge

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http://lilypie.com">

http://lilypie.com">



Replies:
Posted By: fire_engine
Date Posted: 20 January 2009 at 3:49pm
what does the nasty small print on the policy say?

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Mum to two wee boys


Posted By: caliandjack
Date Posted: 20 January 2009 at 3:53pm

PM minik8e she works for an insurance company.



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Angel June 2012


Posted By: pepsi
Date Posted: 20 January 2009 at 3:54pm
I'm pretty sure you can't get out of paying the excess if you couldn't get any details for the other driver. If there are no details then they have no-one to pursue for costs..


Posted By: clover
Date Posted: 20 January 2009 at 4:01pm
If you don't have the details of the other driver you will have to pay the excess, no way round it I'm afraid.


Posted By: Kazzle
Date Posted: 20 January 2009 at 4:33pm
well i have to say that just sucks, its not fair that we be penalised for something that wasnt our fault..although i do understand why they do it, its just not fair

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http://lilypie.com">

http://lilypie.com">


Posted By: Snappy
Date Posted: 20 January 2009 at 5:39pm
I worked for an insurance company, and unfortunately, as the others have said, they wont waive an excess unless they have the name of the offender, or if someone accepts liability.

Its so unfair and such an unfortunate thing to happen, especially twice in a row. You poor thing.


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Mummy to two beauties... Formerly Kaiz.


Posted By: Danaj
Date Posted: 20 January 2009 at 6:41pm
Yep, the only way to get around it is if the other party admits fault. Just been through it ourselves and it was an uphill battle. If they don't admit (or don't stop) then you have to pay. Sorry chick. We had the option to pay a higher premium for a low excess and it's paid off twice as just like you, a truck has backed into us TWICE in the last year.

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http://www.TickerFactory.com/weight-loss/wyI1oWn/">






Posted By: Bobbie
Date Posted: 20 January 2009 at 10:54pm
That sucks but yeah if you don't know who did it (or in our case they lie and give you false details) then you have to pay the excess.

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Posted By: Hopes
Date Posted: 21 January 2009 at 8:00am
I saw a couple of interesting bits in the Herald's 'sideswipe' on a kinda similar case -

Originally posted by Yesterday’s Sideswipe Yesterday’s Sideswipe wrote:

Austen Restall writes: "To the 35-year-old schmuck from Melbourne who, driving his father's black AMG Mercedes, reversed into me at the Milford shops on Christmas Eve, and then said he needed to check on his girlfriend and collect his father who lived just up the road. You taught me a valuable lesson when you never came back: get the licence plate number at all costs. Obviously, to some, a handshake means nothing. I'm a 20-year-old apprentice with a $2000 age-related excess on my own insurance. Let's hope your father is twice the man you are and will step up for the true story on how his Merc got damaged on Christmas Eve."


Originally posted by Today’s  Sideswipe Today’s Sideswipe wrote:

Lawyer Zahir Mohamed writes: "If the 20-year-old Austen can satisfy his insurer of the truth of his allegations by supporting evidence such as the nature of the damage to his vehicle, together with a report from an experienced panel beater or an accident investigator, it is highly likely that the insurer will indemnify him in full, waiving the excess. Failing this, the Disputes Tribunal might accept his evidence in a claim against his insurer."


Sounds similar to your case? If they lawyer isn't way off, maybe it's still possible?

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Posted By: minik8e
Date Posted: 21 January 2009 at 9:13am
I don't see how that can work, because you may be able to prove the damage but you can't prove how it happened and who was at fault - yeah they might be able to prove that the other car hit YOU but they can't prove for example that you hadn't pulled out in front of the car that hit you - which would mean you are at fault.

Most policy wordings are pretty clear that if you can't identify the third party and they don't admit liability, then you are liable for the excess.



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