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Offline Yasko

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Re: Bennetts beware
« Reply #24 on: August 19, 2019, 10:02:15 AM »
Parts of a document dated in March this year in relation to liability of insurance brokers followed several case stated verdicts. Quote

ENGLAND AND WALES

'Following recent judgments in England and Wales moving in favour of insurance brokers and their professional indemnity insurers, this article provides an overview of the standards required of insurance brokers and other professionals who advise insured clients in several key jurisdictions. As we demonstrate, the current global trend seems to be that the insured client can no longer simply look to their advisers when faced with a declined/avoided insurance claim; the insured must take some responsibility for their own actions and/or omissions.

The judgment emphasised the importance of the client’s role in the placement process, shifting the balance in favour of the insurance broker.
Traditionally, insurance brokers have been seen as an easy target in situations where no insurance cover is available to the insured due to their heavy involvement in:
1.   The placing of risk with the insurer (and therefore presenting key material on behalf of the insured)
2.   The claims process.
These decisions, however, reflect a tightening up of the test that an insured must satisfy before any claim against a broker will succeed. In England and Wales, the broker can no longer be seen as the scapegoat.' Unquote

From Kenny's experience we should all learn the lesson that the legal standing of our contracts with brokers has moved distinctly in their (brokers) favour.




« Last Edit: August 19, 2019, 10:11:20 AM by Yasko »
Bill

Offline BiKenG

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Re: Bennetts beware
« Reply #25 on: August 23, 2019, 12:39:53 PM »
I have only insured with Bennetts once and to be honest had no problems, but no claims either, so does not mean I'm taking their side. My general principle when dealing with any insurance company (broker or underwriter) is to understand that they are all lying, cheating and thieving scumbags. This stems from many years ago when my broker totally fabricated stories about me in order to avoid responsibility for the mistakes they repeatedly made.

Having been knocked off a few months ago I am currently claiming against the insurers of the van that took me out. So far so good, but we've not talked numbers yet. However...

While lying on the hospital bed with my collapsed lung (and other injuries) I argued with and eventually convinced my wife to get my bike back home. No matter what the damage, I absolutely wanted it back in my possession while negotiations took place. I've seen it happen before that they are very slapdash with regard to disposal of the bike and when it is agreed they you will be buying it back, they then admit it's already been sold elsewhere. I was not about to fall foul of that tactic with regard to this bike.

It is mine, and in my possession and will remain so until I sign an agreement with the insurers stating otherwise. They will NOT be able to steamroller me into losing my bike. It is special to me and despite the horrific cost of all the damaged parts (well done Honda and their current out of control parts pricing), I can repair it for much, much less. No insurance company will ever pry this out of my hands.

I appreciate this would not have been easy for the OP, but there are bike transport firms and I would strongly advise anyone involved in an accident to do what it takes to recover your bike to your home (or somewhere under your control). This puts you in a stronger position to control the destiny of the bike and final outcome of the financial negotiations with the insurers. Did I say they are all lying, cheating and thieving scumbags.
You can't have too many bikes.

Offline Yasko

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Re: Bennetts beware
« Reply #26 on: August 23, 2019, 03:36:05 PM »
 :0461: Excellent advice; I hope you get adequate compensation BiKenG, good luck.
Bill