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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
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Felix the Cat 4:11 pm 24 Dec 12

I think the OP has probaly sorted the problem out by now considering it happened in July 2010…

screaming banshee 3:48 pm 24 Dec 12

Helpful advice 2.5 years on?

Vindalu 11:51 am 24 Dec 12

I was hit by a bus ( my car ) a few years ago, There were no hassles, methinks your insurance company is trying it on, get onto your local member of the legislative assembly, let them earn their keep

Fisho 3:03 pm 10 Jul 10

I’m wondering if the OP received one of those ‘you are required to pay’ type letters that the at-fault insurance company loves to send to not-at-fault parties in the hopes they will pay.

Heard of/seen a few of those, nice tactic for protecting the investors bottom line, but don’t ever pay one. Write back thanking them for the novelty toilet paper and suggest they deal with your insurance company instead.

dvaey 9:05 am 10 Jul 10

JC said :

michcon said :

I can’t comment on what cover ACTION have, but I sympathise with you, I can’t imagine what circumstance someone can run up your back but not be held responsible.

Easy that one. Where someone cuts in front of said vehicle then brakes. Very very common, especial cars doing that in front of heavy vehicles like trucks and buses just before traffic lights.

While I agree with your comment, its not quite true. The law doesnt apply to ‘heavy vehicles’, it only applies to buses. The law isnt in-place for safety, its in-place so that buses have one less thing making them run late. A similar law exists for public-transport on the water, if a ferry hits your boat, the ferry is not responsible, probably a similar law for buses.

cleo 1:25 am 10 Jul 10

I suggest ring up free legal advice over the phone.

Felix the Cat 8:35 pm 09 Jul 10

At last someone that correctly spells buses!

Woody Mann-Caruso 6:44 pm 09 Jul 10

Thoroughly Smashed: Did you file a police report?

Eponysterical.

Thoroughly Smashed 6:17 pm 09 Jul 10

Did you file a police report?

JC 5:44 pm 09 Jul 10

michcon said :

I can’t comment on what cover ACTION have, but I sympathise with you, I can’t imagine what circumstance someone can run up your back but not be held responsible.

Easy that one. Where someone cuts in front of said vehicle then brakes. Very very common, especial cars doing that in front of heavy vehicles like trucks and buses just before traffic lights.

youami 4:42 pm 09 Jul 10

caf said :

youami:

Lastly, why did you pay for the excess?

Probably because they wanted to get their car back from the repairer? In most cases the excess is payable directly to the repairer, and they’re not going to let you take your car away without paying.

True but the point is that there should be no excess if the person is NOT at fault hence my reasoning for the question. The insurance company, if you are not at fault, will arrange for full and complete payment to the repairer. It doesn’t matter where the money comes from to pay the repairer on the other side (ie. the other person who was at fault or their insurance company). You as the insuree escape the legal bickering.

I am with a very reputable insurer and I was involved in an incident that was not my fault. I paid nothing —I paid no excess and did not lose my no-claim bonus— and was given a courtesy car whilst my car was being repaired and so whatever happened between the two insurance companies (ie. who was paying etc etc) was out of my earshot and not my problem.

So I will reiterate the point that the OP is either missing some pretty important details, is with an appalling cheap-and-nasty insurance company, or has not made due diligence about their rights and the policy they hold.

p1 4:13 pm 09 Jul 10

While there are inconsistencies between what the OP has stated and the way insurance is supposed to work, I am willing to give them the benefit of the doubt. While they are obviously a little confused concerning terminology (Compulsory Third-Party Personal insurance vrs Third Party Property Insurance), my experience with insurance companies is that they are perfectly willing to take which ever avenue results in the least work for them, regardless of cost too you. In the event that they can have you pay the excess, they will likely never get back to you about weather the claim was sorted out unless you bug them a lot. Likewise the other party’s (in this case ACTION’s) insurance people will be taking the same approach, ie doing as little as possible.

caf 4:08 pm 09 Jul 10

youami:

Lastly, why did you pay for the excess?

Probably because they wanted to get their car back from the repairer? In most cases the excess is payable directly to the repairer, and they’re not going to let you take your car away without paying.

liability 3:47 pm 09 Jul 10

Mia80 – “comprehensive car insurance” is not mandatory, never has been.

What is mandatory is CTP insurance – compulsory third party insurance. As others have said CTP covers the driver of the vehicle for claims against him in relation to injuries he causes to other persons, not himself, such as occupants or pedestrians that he might injure, as well as passengers in his own vehicle.

The ACT Government has been a self insurer for a number of years. I have some experience in this industry and I can tell you that it is much easier to get money out of an insurance company than the ACT Government. It almost seems that the ACT Government has a policy to vigorously defend all claims, even when it is clear that the ACT Government vehicle [or other entity] is clearly at fault.

The ACT Government will usually pay up when it is at fault, it just won’t happen very quickly. Some apparently simple claims, not unlike yours, can take a year or more before the ACT government will send you a cheque.

Mia80 2:57 pm 09 Jul 10

How frustrating…

However CTP Insurance (as listed on your rego) is for protecting vehicle owners and drivers who are legally liable for personal injury to any other party in the event of a personal injury claim made against them by other road users.
It has nothing to do with the vehicles themselves.

For that you’re looking at Comprehensive Car Insurance or Third Party Property Damage Insurance, which is supposed to be mandatory, but most State Governments operate under self insurance for a range of issues, which means they taken on the liability themselves, pay from their own coffers if something goes wrong.

That’s probably what’s taking so long… Regardless of the Bus Driver’s admission of fault, the lawyers (and the Gov’t) want to be 100% sure it was the Bus Driver and not you at fault… then negoitate the terms of settlement.

I used to work in this area for a law firm, many moons ago… and even I got frustrated for my clients.

Hang in there… it will all come good in the end.

michcon 2:48 pm 09 Jul 10

Gentle correction – What is known as “Compulsory Third Party Insurance” only covers someone else for bodily injury, not property. That’s called “Third Party Property Insurance” and is not mandatory, but is an excellent idea even if you are driving a bomb, just in case you run up the back of a BMW.

I can’t comment on what cover ACTION have, but I sympathise with you, I can’t imagine what circumstance someone can run up your back but not be held responsible.

jimbocool 2:39 pm 09 Jul 10

All ACT Government entities are insured via the ACT’s self-insurance scheme, administered by the Insurance Authority which dwells deep inside ACT Treasury from memory. There is no question that Action buses are insured.

Compulsory third party and third party property insurance are different things. CTPI is for personal injuries to a third party (you in this case, although you don’t seem to have been injured). TPPI covers dame to the third party’s property (your boot and bumper).

you need a new insurer – easy to swap around these days, and competitive enough that someone else will recognise your no-claim bonus.

georgesgenitals 2:38 pm 09 Jul 10

This is your insurance company not behaving properly. You should be talking to them about this.

Which insurer is it?

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