Insurance Issue (Didi?)

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11 years 10 months ago #24131 by FencerMan
Im expecting a possible problem so thought I would post here for advice in anticipation...

One of my younger brothers crashed his car...

He has full cover Insurance with State.

The situation is he was slowing down coming up to traffic lights, was almost stopped, apparently his shoes/pedals were wet, and his foot slipped off the clutch, and he hit the vehicle in front of him at about 5km/h.

Unfortunately that vehicle was a small truck and the towbar went through and caused considerable damage to his vehicle.

The insurance company have already retrieved the vehicle from the side of the road, and transported it to a workshop, and are awaiting for the assessor to have a look.

Now here comes the problem part - No WOF.

It expired 6 days ago, and he also took it in to get a new WOF on that day but they failed it. They failed it on brake pads, and rear tyres.

The following day he had new brake pads put on, and today when the crash happened, he was driving to a tyre shop (where the tyres had already been purchased last Saturday by my father) then he planned to go straight from there to get his WOF.

Now legally, you are allowed to drive a vehicle for up to 28 days after failing a WOF on the proviso you are driving somewhere to get it repaired, which is the case here so no laws have been broken as such.

He also has receipts from getting the new brake pads, and can get the receipt for the pre purchased tyres if need be.

So...can the insurance company not cover it? And if they do, whats the next step?

Do something.

Either lead, follow, or get out of the way.

'Ted Turner'

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11 years 10 months ago #341836 by FencerMan
Replied by FencerMan on topic Insurance Issue (Didi?)
Sorry, more information...The same mechanic that failed the WOF, put the new brakepads on the following day, so he has no receipt as such as he was going back today after getting the new tyres and was going to pay for it all in one go at that time...

Do something.

Either lead, follow, or get out of the way.

'Ted Turner'

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11 years 10 months ago #341837 by reggit
Replied by reggit on topic Insurance Issue (Didi?)
Will be interesting to hear what they say.

As far as I can tell, they can refuse insurance on a car which has a current WOF if they find anything that makes it not WOF-able at the time of crash.

So logically to me it follows that if your car doesn't have a WOF but is within the 28 day period and is WOF-able at the time of the crash...??? :rolleyes:

But insurance companies have a long history of eating their cake and wanting to have it too :(.

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

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11 years 10 months ago #341838 by FencerMan
Replied by FencerMan on topic Insurance Issue (Didi?)
Ah but it still wasnt WOF'able as he was still on his way to the tyre shop....hadnt had the new tyres put on yet.

Theoretically the tyres didnt cause the collision, and he was allowed to be there legally...but your right, will be interesting...

Do something.

Either lead, follow, or get out of the way.

'Ted Turner'

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11 years 10 months ago #341840 by FencerMan
Replied by FencerMan on topic Insurance Issue (Didi?)
The other question is, if it turns into an argument, can my brother nominate somebody to act on his behalf?

Do something.

Either lead, follow, or get out of the way.

'Ted Turner'

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11 years 10 months ago #341841 by arnie.m
Replied by arnie.m on topic Insurance Issue (Didi?)
Expired WOF is an expired WOF, if it fails you have a period of time to get it fixed and retested for no extra WOF fee. If the car WOF was expired and not up to WOF standards I don't like your chances of Insurance paying especially if tyres were under the limit and the driver rear ended another car!!

arnie
88 Valley
Nelson

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11 years 10 months ago #341843 by reggit
Replied by reggit on topic Insurance Issue (Didi?)

FencerMan;330283 wrote: The other question is, if it turns into an argument, can my brother nominate somebody to act on his behalf?


If you aren't happy with the outcome of the insurance assessment/decision, you can refer it to the Insurance Ombudsman. Good article in weekend papers about insurance 'traps' both for the companies and those insured, when decisions were disputed and then either upheld or overturned...

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11 years 10 months ago #341849 by DiDi
Replied by DiDi on topic Insurance Issue (Didi?)
FM - there is no way to know how this is going to go to be honest. The first thing that struck me was that you said it failed on the Brake Pads. A WOF only checks brake function, not the brake pads size or how long they may last so not a reason to fail a WOF but as the WOF had already expired, that doesn't count!

However, I would expect the fact that this had been pointed out and that your brother had new pads fitted on the same day should weigh heavily in his favour on this point and needs to be emphasised. The mechanic should be able to provide confirmation that this was done - if not the receipt.

The tyres are a worry in that as it was the rear tyres that needed changing, this could be used as a reason to not believe your brother's foot slipped as opposed to him not being able to stop - even if at 5kph. On the other hand, as he was going to the tyre shop to get new tyres fitted (the purchase of which can also be proven) then that fits with the right to be on the road BUT- only if the vehicle is deemed safe to drive on the road. That is the sticking point as he didn't stop in time (thinking like an insurer here and not believing an escuse!)

What I don't understand is why did your brother take it for a WOF if he knew the tyres needed changing? I realise that is a Catch 22 as he would have been uninsured driving to get the tyres in the first place so were they so bad he thought he would be covered (for the time allowance to get it repaired) if it failed a WOF first? Not that he was expecting to crash but if they were in really bad shape, I'd be asking why he didn't go and get the tyres and get the mechanic to fit them then get a wheel alignment etc after.

If he has a clean driving history, no tickets etc, then I'd be pushing (very very politely!) this fact along with trying to be a responsible vehicle owner by getting it fixed as per the WOF requirements. Had he by any chance made an appointment with the tyre shop to get them fitted? If he had and they are prepared to confirm that, another thing in his favour. Guess it comes down to the "was it safe to have on the road" question.

When you make a claim with an Insurance Company they should provide you with a list of their procedures that explains what steps you can take if the claim is refused. You then take them!!!!

I'm not sure about someone else representing him. Is he under 18?

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11 years 10 months ago #341851 by optrex
Replied by optrex on topic Insurance Issue (Didi?)

arnie.m;330284 wrote: Expired WOF is an expired WOF, if it fails you have a period of time to get it fixed and retested for no extra WOF fee. If the car WOF was expired and not up to WOF standards I don't like your chances of Insurance paying especially if tyres were under the limit and the driver rear ended another car!!

VTNZ website states that

Driving a vehicle without a current Warrant of Fitness is an offence and could invalidate your insurance. Be sure to keep an eye on your expiry date. Get it renewed prior to it expiring. Your Warrant of Fitness inspection can be done up to 14 days before the expiry date, with no penalty or time deducted.

AA says this

If your car fails the inspection, you're not allowed to drive it on the road. There is one exception to this rule. And that's if you're in the process of bringing the car into compliance or obtaining a new WoF. But the car must be safe to drive for that purpose. Otherwise, stick to the golden rule: stay off the road until you have a valid Warrant of Fitness!

then says

There is also an expiry date written on the label. You must have your car inspected and warranted before this expiry date.

It seems pretty clear to be honest

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11 years 10 months ago #341853 by FencerMan
Replied by FencerMan on topic Insurance Issue (Didi?)
Just a few points, it was the same mechanic that failed the WOF that replaced the brakepads the following day.

And with the tyres, they had already been paid for, and he had an appointment at 11am in Upper hutt and the crash happened at 10:30am heading towards Upper Hutt. Im sure the shop wont have a problem providing details if need be.

The tyres that are on the vehicle have 1mm of tread of them, the legal limit being 1.5mm, so I think it would be hard for them to argue that half a millimetre of tread made any difference at 5km/h??

He's already made the claim via phone and they "accepted it" hence why they sent a truck to pick it up. He also has roadside rescue which im guessing is what came into play here.

And he does have a clean driving history, and hes 21...

Do something.

Either lead, follow, or get out of the way.

'Ted Turner'

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11 years 10 months ago #341856 by DiDi
Replied by DiDi on topic Insurance Issue (Didi?)
So how would you interpret this from the Land Transport site?
It's illegal to drive a vehicle…
  • If it doesn't meet WoF requirements.
  • If it doesn't display a valid WoF label .
You can drive your vehicle on the road under these circumstances only when taking it somewhere for repair or to get a new WoF – and it's safe to do so.

Also note that VTNZ uses the word "could" invalidate your insurance.

Still not a problem from my perspective as the advise will stop you getting a $1000 fine if caught without a current WOF.

Happy to be corrected!

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11 years 10 months ago #341861 by FencerMan
Replied by FencerMan on topic Insurance Issue (Didi?)
Interesting..

Ok, either way, if they come back to him and say they wont cover it, and he informs them he was on his way to get new tyres at the time (and can prove it) and they say no again, then whats the next step?

Do something.

Either lead, follow, or get out of the way.

'Ted Turner'

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11 years 10 months ago #341862 by reggit
Replied by reggit on topic Insurance Issue (Didi?)
In writing to them, with proof, with request for response within a specific time frame...

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

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11 years 10 months ago #341863 by DiDi
Replied by DiDi on topic Insurance Issue (Didi?)
Sounds all good then FM.

If they start to argue after the Assessor has looked at it, it would still be a good idea to get the letters from the tyre shop and mechanic while this is fresh, if possible. I know this because it happened when my niece crashed my mother's car (with my mother in it) as she was under 25. The other driver was totally in the wrong but the Insurance Company jumped at the chance to refuse it, despite having "accepted" the claim on the day.

My niece had been covered under her previous policy (sister company) but it had not been transfered and no one thought about it until after the accident - me included who should have known better! It was a loooooooog battle but I don't give up!

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11 years 10 months ago #341864 by FencerMan
Replied by FencerMan on topic Insurance Issue (Didi?)
Ok ill tell him now to give the Garage and the Tyre shop a call and see if they will send him a letter/e-mail stating the facts from their perspective...

Do something.

Either lead, follow, or get out of the way.

'Ted Turner'

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