Insurance Claim

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Warmachine

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Hi Guys and Gals

Need some advice here.

So I was in an accident where a 3rd party jumped a red robot and slammed into me. Long story short, my insurance doesn't want to approve my claim because apparently I was breathalyzed... Which I wasn't. The claim was then handed over to an investigator who has his own SLA, I was told his turnaround time is about 2-3weeks :cry:

I'm obviously getting shafted here; I've caused a big scene and the investigator is collecting the original accident report today. Don't know what happens after that.

My question here is, what can I as a client do in this case? I wasn't breathalyzed, no blood samples were taken etc...
 
So just being breathalyzed is enough for them to refuse paying out? :wtf:
 
keep saying you were not tested for booze, but did you have a few? If cop sees you clearly boozed up they will hold it against you. perhaps just enough for insurance's purposes.
Assume third party has no insurance?
They should pay out, they can assume and think and 'know' you were boozed up, without evidence they can't refuse to pay
 
Did they give this to you in writing? Did you have a few drinks? If not time to lodge a complain with the ombudsman.
 
Flarsiep said:
keep saying you were not tested for booze, but did you have a few? If cop sees you clearly boozed up they will hold it against you. perhaps just enough for insurance's purposes.
Assume third party has no insurance?
They should pay out, they can assume and think and 'know' you were boozed up, without evidence they can't refuse to pay
Click to expand...

Cop got there and mentioned that if I test positive for booze then i'd get arrested on the spot, he saw that I had none, he left me alone, my car got towed away and I went home.
 
Ah. then insurance chap had to read the wrong report. Hope you get sorted. third party chap had no insurance?
 
Even if the OP was smashed, without a blood test, it CANNOT be proven. Can insurance take the word of a third party who THINKS the OP was drunk?
 
ambroseg1 said:
Even if the OP was smashed, without a blood test, it CANNOT be proven. Can insurance take the word of a third party who THINKS the OP was drunk?
Click to expand...

There was an article a while ago about this. You do not have to be over the limit for a claim to be denied, they just need to have proof (a reasonable suspicion? ) that you consumed alcohol.
I think a breathalyzer registering anything about 0.0 could get your claim refused.
 
Kerrits said:
There was an article a while ago about this. You do not have to be over the limit for a claim to be denied, they just need to have proof (a reasonable suspicion? ) that you consumed alcohol.
I think a breathalyzer registering anything about 0.0 could get your claim refused.
Click to expand...

In my case no reading was taken
 
ambroseg1 said:
Even if the OP was smashed, without a blood test, it CANNOT be proven. Can insurance take the word of a third party who THINKS the OP was drunk?
Click to expand...

According to the complaints management division, this is the case here. Third party says I was breathalyzed so insurance company needs to get a copy of the accident report and confirm that.
 
So third party jumped red robot. Why do you not claim directly from him?
Assume he has no insurance, so you go via your own. Obviously he would try anything to get the blame shifted, otherwise your insurance would nail him for recovery. Only way how is to say you were boozed up.
Hope you get sorted soon.
 
Flarsiep said:
So third party jumped red robot. Why do you not claim directly from him?
Assume he has no insurance, so you go via your own. Obviously he would try anything to get the blame shifted, otherwise your insurance would nail him for recovery. Only way how is to say you were boozed up.
Hope you get sorted soon.
Click to expand...

Let the insurance companies battle that out. Nobody has time to get involved there.
 
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