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Action Buses have no Insurance

By miracle - 9 July 2010 39

Dear all, my car was hit from the rear by an Action Bus. At the time of the accident, I took the details of the Bus and the driver who agreed that it was his fault. The details were passed onto my insurance. This accident happened about two months ago.

There was lot of damage to the boot, bumper which I had to get it fixed. I even had to pay the excess – remember it is not my fault.

Since then my insurance premium has also gone up (unfortunately renewal came this month) as my insurance company has reduced my no claim bonus and added an accident to my records as the case has not been settled. It is among the lawyers to settle.

What happened to compulsory third party insurance for all vehicles especially for the public vehicles?

Does anyone know why Action Buses do not have Insurance??

Why are they exempt from comprehensive third party insurance?

What’s Your opinion?


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39 Responses to
Action Buses have no Insurance
youami 1:56 pm 09 Jul 10

This sounds like there is another story to this as what you have posted has holes bigger than swiss cheese. On initial take it seems that your insurance company ‘believe’ that you don’t have details that locate/identify the vehicle/driver and therefore whilst hte accident was not your fault there is no-one that the company can pursue money from.

Questions for you, how long have you had no-claim for (think about what the term no-claim means) and also did you have the correct details for processing the claim? Was the accident reported to the police? Was your car roadworthy afterwards? Could ACTION take claim that you were negligent in your driving, ie. brake suddenly for no reason etc. or not indicate etc. Lastly, why did you pay for the excess? That to me assumes you have taken part responsibility. It should have been all arranged through your insuracne company unless you didn’t read the fine print and went to a nonpreferred repairer or something.

re: premium increase, I think you will find it is just coincedence as most premiums increase in line with CPI (aka COLA).

Finally, I think you will find that public vehicles do have insurance.

Sounds like you need to fess up about a few things before rioters can accurately asist your dilemma.

RandomPoster 1:49 pm 09 Jul 10

Compulsory third party doesn’t cover damage to your vehicle.

http://www.treasury.act.gov.au/compulsorytpi/FAQ.shtml

Check your policy disclosure statement from your insurer, you may find that you are not liable if you can provide details of the at fault party.

Woody Mann-Caruso 1:41 pm 09 Jul 10

Sorry – could you explain why you believe Action buses aren’t insured?

It sounds like your claim is under dispute. I’m surprised that you had to pay an excess and have had your no claim bonus reduced if the crash wasn’t your fault. In my experience (rear ended twice – once while stationary at an intersection, the other in a car park) the insurance company simply took me at my word that I wasn’t at fault and proceeded accordingly; I assume that if it was determined I was actually at fault they’d simply bill / sue me for the rest. Does this change once the other party disputes the claim?

prhhcd 1:19 pm 09 Jul 10

happened to me a couple of years ago. Got sideswiped by an action bus. Driver didn’t even stop! Got the bus number, location, rego and time. Nothing happened. My insurance went up too. I’d love an answer to your question. I was still a student so couldn’t afford to go to court…

grump 1:18 pm 09 Jul 10

probably because the government is ‘self insured’ – works at commonwealth level I think, assume also at territory level. ie they are big enough to carry any risk and therefore pay themselves. Any one else?

shaneb 1:14 pm 09 Jul 10

It amazes me that we let so many people drive around without a clue about insurance.

CTP insurance provides compensation for people injured or killed. Third party property insurance is optional, but I would have no quarms about taking those who do not have it to court to pay for the repairs to my car.

bd84 1:14 pm 09 Jul 10

All ACTION buses are fully insured through the ACT Insurance Authority. The main issue here looks like a determination as to who was at fault for the accident, you will normally be required to pay the excess until the party at fault is determined and insurance companies like to take the longest time possible to do that. You should note that I believe that ACTION buses have CCTV cameras that record in front of the bus, if you have pulled in front of the bus and it has run into you, they are likely to be able to prove it.

verbalkint 1:08 pm 09 Jul 10

It sees you are misinformed about insurance.

CTP insurance does not cover cars involved in accidents, it covers people involved in accidents.

If you have an accident with someone and it is their fault, you should not be out of pocket at all as you can sue them for the damage they’ve negligently caused to your car. The fact that you did have to pay your insurance company suggests either that there was existing damage to your car (so you were paying the excess on that damage) or the other party have not accepted liability.

The series of events you posted really don’t make much sense at all – and it certainly isn’t evidence that ACTION busses don’t have CTP insurance, let alone comprehensive insurance (and I would bet london to a brick that they do have both).

buzz819 1:08 pm 09 Jul 10

The compulsory third party is personal – ie. if someone get’s injured that insurance will cover them.

Your second question asking why they are exempt from comprehensive third party – it’s either comprehensive insurance – ie everything or it is third party insurance.

I’m guessing you are insured through NRMA who couldn’t find there arse with two hands and a search party. You shouldn’t have payed any excess to start off with if it was the other parties fault.

Last time I got ran into, went down to my insurance, they had the repairs done before they even contacted the other owner. You paying excess makes me believe the insurance company has treat you as being at fault, you should talk to them about that.

ACTION will have insurance, like any insurance company they just would not want to pay, good luck with it all.

PaulM 1:06 pm 09 Jul 10

Third party does not include third party property. Compulsory third party would be issuing the insurance companies a license to print money. Insurance distributes risk. If Action does not have insurance, it’s because it’s big enough to take its own risks. Insurance would not change things one iota – it would just be action’s insurance company’s lawyers instead of their lawyers.

wishuwell 1:02 pm 09 Jul 10

CTP insurance=injury insurance.

Diggety 12:59 pm 09 Jul 10

That really is retarded. What insurance company are you with? So I know never to go with them.

Compulsory third party insurance is for personal, not property. But I’m still scratching my head as to why the buses aren’t covered.

dtc 12:57 pm 09 Jul 10

CTP insurance applies only to personal injury, NOT to property damage. So that is not of any assistance to you anyway.

I think ACTION ‘self insures’ – in other words, if it liable then it pays the money out of its own assets rather than getting money from an insurance company (the existence or otherwise of an insurance company is totally irrelevant to determining who has to pay, the existence of an insurance company just means there is someone with the money to pay once liability is established).

In any event, if it was not your fault then your insurance company should not be treating it as a ‘fault’ claim, but that is a matter between you and the insurer, not ACTION (as is the increase in premiums).

You should be entitled to repayment of your no claim bonus – if your insurance company is not seeking that from ACTION (with a view to passing it back to you) then you are entitled to ask ACTION to pay it direct to you (after all, its a loss you have suffered due to its negligence, on the version you have given). You can even ask ACTION to cover your other (non insured expenses) such as taxi fares that you have incurred as a result of not having a car (or medical expenses for the whiplash…).

Ignore the insurance companies and ask yourself this question: ‘what costs have I directly incurred as a result of the accident?’. Then ‘what costs have I been re-imbursed?’ (by your insurers, health insurers etc). The balance is payable by ACTION

Spectra 12:55 pm 09 Jul 10

Er…just out of interest, which bit of that story proves they have no insurance? Just because lawyers are busy working through it doesn’t mean the bus has no insurance, it just means their insurance company is trying to avoid paying out – as pretty much any insurance company will try if they think they have a chance. Having to pay the excess for repairs before fault is finally determined is pretty standard (if not entirely desirable from our point of view). If it turns out it wasn’t your fault, the excess should be refunded and the accident is noted on your records as the other guy’s fault.

Blamemonkey 12:54 pm 09 Jul 10

I don’t believe CTP covers vehicles, on people injured… have a look here for a handy FAQ

http://www.treasury.act.gov.au/compulsorytpi/act_CTP_faqs.pdf

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