Car Stolen, Insurance issues, need advice.

[VE_CalaisV8]

Hi guys,

Long story short, My car (VE Calais 2010) was stolen last Sunday out of my underground carpark (apartment building). It happened Sunday morning (cctv footage shows this) and I found out Sunday PM when I went down to move my car so i could park my wifes car downstairs. I reported it to the cops immediately, and then called AAMI to start a claim. Their reply on the phone sent shivers down my spine as they said that my policy was cancelled back in July. I said that's BS and why was it cancelled... They said I missed a direct debit (I pay monthly) and that voided my contract. I lost it and made a complaint with AAMI and now they are reviewing it as they said they sent me a letter to notify me which I never got, and my wife is meticulous with our mail and files everything and we never saw a letter. Having said that, I don't analyse my bank statements monthly so I didn't pick up that the money had stopped coming out since July.

The cops found the car on Monday and its a wreck. Been thrashed, minor panel damage on the sides but front has hit a tree (no structural damage that I can tell), however the car won't start and there is oil dripping out of the exhaust so I can only imagine the engine is f%#&d. Have no idea about the transmission but I'm assuming that may be stuffed as well.

I spoke with AAMI again today and they are still claiming that I am not covered and whilst they are still reviewing my case, it doesn't look good for me.

Has anyone being in this position or heard of similar stories. I'm quite stressed about this as it's a $30,000 car and can't afford to lose this. My whole argument is that AAMI never notified me and in order for a contract to be breached, both parties have to acknowledge that fact. And they don't have any proof that I was aware that my policy was cancelled.. They never called, email, sent a warning text. My wife is insured with YOUI and I missed one payment and they were calling me the next day!

Any help or guidance would be greatly appreciated.

Patty

 

[Mack78]

Sadly mate if you have missed a payment and they have attempted to notify by mail you might be in trouble as it probably states in the PDS on those conditions.
The other options you have are going through their " Internal dispute resolution team" or try calling 1300 780 808 that's the financial ombudsman and they may be able to assist you in some way. Good luck mate and hope it all gets sorted swiftly and in your favor

 

[Tatiana]

I imagine in the small print somewhere they will have written that if you default on payments you are not covered. Have subsequent payments been honoured since July or have they ceased trying to take them?

Horrible situation as it now a he said/she said issue. They claim they sent a letter, you claim you didn't receive it.

I sincerely hope that it resolves in your favour, just keep calm when dealing with them.

 

[VE_CalaisV8]

Yeh, Right now its going through their "investigations" department and they will let me know if it's rejected or not. I'm assuming they will reject it. From there I will go through their complaints department, and then I will officially involve the Ombudsmen. I called the Ombudsmen yesterday and they said they had many many issues like this and I do have a case. So time will tell.

Worst case I don't get covered and I'm hopefully not left with a write off and I will have to slowly repair it. Def needs new wheels and tyres, probably engine rebuild and new suspension, new front seat (all up hoping it's less then $10k)

 

[Mack78]

just remember the person on the phone isn't always the one making the shots, I used to be one of them for about 3 years and if I was on the other end of the phone telling you that you weren't covered at that time my heart would be bleeding for you as theirs might be. Try and stay positive even though its a crappy situation and if the ombudsman reckons you have some sort of case you will 95% likely be covered. keep us all posted and this sorta reminds us all to read the PDS and check monthly debits regularly.

 

[vc commodore]

Have you checked your bank statements now to see if the direct debit was taken out for the month in question?

I would strongly suggest you get a copy of the statement for the month in question along with the subsequence months and forward it onto the ombudsman if they have been removing the payments.....

If the payments have ceased, unfortunately, you have no recourse...I can't see why they would ring you, or write to you because the payments ceased....the companies that do, would do it out of courtesy, not out of duty.

Yes, it sucks and I do sincerely hope you get to the bottom of it and have the car repaired by the insurance company....

Keep us posted

 

[VE_CalaisV8]

Thanks Mack. I've got my fingers crossed right now. I really can't bare the thought of not being covered. I do realise that there is responsibility on myself as well and can't just blame AAMI. I am just hoping that they turn around and help me out. If not then I'm in a terrible financial situation.

 

[VE_CalaisV8]

Have you checked your bank statements now to see if the direct debit was taken out for the month in question?

I would strongly suggest you get a copy of the statement for the month in question and forward it onto the ombudsman...

Yes I've checked my statments now and the money stopped coming out from July onwards. I didn't pick up on it, otherwise there is no way I would've been driving for the last 2 months without cover.

 

[HamaTime™]

Pat,

Insurance Companies legally HAVE to contact you about a missed premium and legally HAVE to warn you again that without paying missed premium(s) then cover will be cancelled.

AAMI will need to prove that they made all efforts to contact you, and you will need to prove that IF they did make efforts to warn/contact you, that you didn't receive it.

 

[VE_CalaisV8]

If the payments have ceased, unfortunately, you have no recourse...I can't see why they would ring you, or write to you because the payments ceased....the companies that do, would do it out of courtesy, not out of duty.


Keep us posted

I disagree, how reliable is sending an unregistered letter to their customer, informing them of an insurance policy being cancelled?? An insurance policy cancellation is a HUGE deal for them and for me. For them as they are losing money from me not paying, and for me I am driving around without cover. ALL my other direct debit arrangements, call me as soon as a payment is missed... YOUI, Red Cross, Gym, Lease etc. So why is an exeption. AAMI said they sent me 2-3 letters about my direct debits failing (and I have 2 of those, and all they say is that my payment has been declined and to ensure funds are in by such and such a date) but I NEVER got a letter informing me of a cancellation. Why couldn't they have sent the cancellation letter by registered mail and therefore that way they know I've received it???