Insurance Question
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Discussion

NorthDave

Original Poster:

2,537 posts

261 months

Tuesday 12th July 2016
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Hi All

I'd like a quick poll of opinions to see if I am being unreasonable....

About a month ago I was on a charity ride and as we boarded the ferry they basically guided us in to a space which wasn't tall enough. This resulted in my bike, on the roof, being totalled and another two bikes being damaged (one beyond repair it turned out). The ferry company were great and admitted responsibility straight away and I bought a new temporary bike to allow me to do the ride.

Fast forward a month and I have provided a receipt for the damaged bike and a shop assessment of the remains (its still snapped in to little pieces and unrepairable). The insurance have said they are happy to pay for the replacement but I must give them the receipt for the replacement. They are not prepared to give me the cash for my old one "in case I dont spend it on a new bike".

I will spending it on a new bike but this has really annoyed me! I may not be able to get what I want now due to stock and may decide to wait until the next years bikes are released. Either way I dont see this as any of their business.

Does this sound reasonable to anyone else or am I over reacting?

ClassicMercs

1,703 posts

210 months

Tuesday 12th July 2016
quotequote all
I assume when you talk about the insurer you are talking about the ferry company insurer rather than your own insurer ? That is to say the ferry company have got you to submit a claim for your loss with their insurer, probably through themselves ?

The contract is key. Where does this exist. Refer back to the terms and conditions of the ferry company regarding loss. Your contract is with the ferry company and not their insurers - except where stated in the terms you agreed to at the time of booking.

These things are usually somewhere, but if not I feel the ferry company should pay you immediately and sort their recovery with the insurer - you have submitted proof of the value of your loss and this is agreed. If it states you deal with the insurer there may be a procedure in the terms. Your strength is that the loss arose out of the actions of others - otherwise you wouldn't be claiming. Its not like the ''lost camera'' situation where household insurers wish to replace like for like due to the fraud committed by the minority - and this should be stressed to them. Also - what was the bike ? If its a £500 bike you would be expected to more easily find a suitable replacement quite easily, but if its more expensive / specialist your strength again lies in the need to find something of equal status which can take more time, especially with the changes in technology that may have taken place since your original purchase.



NorthDave

Original Poster:

2,537 posts

261 months

Wednesday 13th July 2016
quotequote all
ClassicMercs said:
I assume when you talk about the insurer you are talking about the ferry company insurer rather than your own insurer ? That is to say the ferry company have got you to submit a claim for your loss with their insurer, probably through themselves ?

The contract is key. Where does this exist. Refer back to the terms and conditions of the ferry company regarding loss. Your contract is with the ferry company and not their insurers - except where stated in the terms you agreed to at the time of booking.

These things are usually somewhere, but if not I feel the ferry company should pay you immediately and sort their recovery with the insurer - you have submitted proof of the value of your loss and this is agreed. If it states you deal with the insurer there may be a procedure in the terms. Your strength is that the loss arose out of the actions of others - otherwise you wouldn't be claiming. Its not like the ''lost camera'' situation where household insurers wish to replace like for like due to the fraud committed by the minority - and this should be stressed to them. Also - what was the bike ? If its a £500 bike you would be expected to more easily find a suitable replacement quite easily, but if its more expensive / specialist your strength again lies in the need to find something of equal status which can take more time, especially with the changes in technology that may have taken place since your original purchase.
Thanks! This is with the ferry insurance rather than my own.

Your comments pretty much summed up my thoughts - I was just doubting whether I was being reasonable. It is an expensive bike so not super easy to buy off the peg.

NorthDave

Original Poster:

2,537 posts

261 months

Wednesday 13th July 2016
quotequote all
Well they have come back and refused to budge - they will only reimburse me once I give them a receipt for the new bike.

Now I've just got to work out whether to wait for next years models to be released (does anyone know when this is for Trek?) or go for the same again.

I really want a top flight road bike with disc brakes and ideally Trek so I can support my mates business. The issue is this years models dont have discs!

Anyway enough rambling....

Magic919

14,464 posts

230 months

Wednesday 13th July 2016
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Pay your mate for the bike and send them the receipt. Leave the bike at the shop and sort it out later.

numtumfutunch

5,172 posts

167 months

Wednesday 13th July 2016
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In my opinion you are lucky

Some insurance companies direct you to the Wheelies website and tell you thats your lot, even if you have a bespoke bike


NorthDave

Original Poster:

2,537 posts

261 months

Wednesday 13th July 2016
quotequote all
numtumfutunch said:
In my opinion you are lucky

Some insurance companies direct you to the Wheelies website and tell you thats your lot, even if you have a bespoke bike
I dont think that would really wash - they have a duty to put you back in the position you were before they created the problem.

If they had done something like that I would of just claimed off my house insurance and given them the forms in which they admit liability.

anonymous-user

83 months

Wednesday 13th July 2016
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IF they have agreed to reimburse you - is there really a problem?

Buy the bike then send the bill. Shouldn't matter when this happens if you get them to confirm the situation in writing.