Fighting an insurance decision

Today I met DH down a country road to look at a section that is for sale. The second he drove away I accidentally locked my keys, phone and 18 month old DD in there. We were at a dead end and no cars go down there. I tried to smash the window with a rock but it didn't work, tried to get a stick through to hit the unlock button but I couldn't. So I had to leave her in there screaming and go to the nearest house about 5 minutes away. It was abandoned, then there was no one home at the next place so I found a pitchfork in the yard and made my way back to the car. I smashed the back window open and got her out.
Now the insurance are saying it isn't covered because it was intentional damage - $600 to replace the window.

I can see that the damage was intentional, after all I did take aim with the pitchfork and smash it in, but it was only in the interest of safety for my child. The only alternative would have been to walk approx half an hour to the main road, leaving her alone and crying in the car. I would have called someone if I could, but there was just no option of that. I also didn't think waiting for a passerby was a good alternative - no cars had been past in the hour I was there.

Can anyone think of anything I can do to appeal the decision?
TIA

BTW, that was one of the worst experiences of my entire life!

I dont know about the insurance company...they are slimey grubs if you ask me and really dont give two hoots about the customer. But, just wanna say, your day sounds like a perfect nightmare....my gosh, how terrifying for you. I would have done exactly the same FWIW.....hope you get some answers you need...

How about making a report and statement to the police of what happend? Then they should take the claim seriously.

That must have been so scary for you, well done on quick thinking!!

being in the industry i can tell you that unfortunatly whether it was accicental or intentional there will be an excess. The only time you dont pay it is when you are in an 'accident' and the 3rd party is at fault. Its crap I know. I hope you and your DD are ok.

What a horrible experience :-( I would have been an emotional mess. Glad she is safe and sound now. Sorry no insurance advice. Couldn't not post (my stomach is in knots about what happened)

Thanks

Kylz, we don't pay an excess for windows. I should have just lied and said it was a rock then I would have been covered.

Aw how awful hun you poor things. :hug: So scary. Can you not go through insurance and find a few quotes elsewhere that might be a bit cheaper?? xoxox

What a terrifying experience! Have you spoke to fair trading? They should be able to explain the circumstances from both of your sides of this - then if you're not happy with the outcome I'd change insurance providers before you need to deal with them again ;-)
I hope it gets sorted our for you!!

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Thanks

Kylz, we don't pay an excess for windows. I should have just lied and said it was a rock then I would have been covered.

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Hmmm you didn't hear it from me but get your hubby to call them. They wouldnt have made a record of your call if no claim was lodged.

Just be careful where u say it happened as they might ask for an incident number from the police.

You poor thing!! :hug: That is so scary!! Nice thinking though, I would have been a basket case!

I'd try talking to a supervisor and keep going up the ranks until you get someone who can possibly authorise something like that. I think all rules can be broken but it's finding the right person who is willing to do it.

Do you have an excess to pay? We have to pay the first $600 of any claim.. so wouldn't be worth claiming anyway :/

Not sure if this will help or not - but I've got a claim going atm for some damage to our car, our fault (car vs pole, DH not me!), we do still have to pay the excess of course, but they have been really dragging their heels. I rang up today and complained and said that I'd been with this particular insurer since I got my license at 18 and had never claimed, lifetime rating 1 and all that, and how disappointed I was that they were stuffing me round.

Its going to take a week to fix our car. My DH's car is a work car and can't take car seats... fortunately my sister is interstate for two weeks with her fam so I'd organised to borrow her car, which has baby seats in it already. By the insurer doesn't know this and they have now offered me a hire car, free of charge, while the works are being undertaken.

So it might be worth ringing and pleading your case - if you've been a good, loyal customer, make some noise and ask to speak to their supervisor. If you've got other insurance with them (house, contents, etc?) threatening to take it elsewhere might do wonders... its only $600 to them for the window but the other insurance could be worth a lot more.

Good luck.

And - what a horrible, terrifying experience. I would have been sick with worry. So glad things worked out.

What I'd be interested to know is if police were around and were forced to break the window to get your child out safely if the insurer would still be taking the same line. The act of locking the keys in the car was an accident. The act of breaking the window is what any reasonable person, including emergency services would have to do in the circumstances to ensure the welfare of a young child.

Insurance companies can be really illogical with things like this. I would keep hassling them as much as possible - I hope you have some success.

And I agree with the other PPs - what a horrible thing to happen - I hope you're doing ok.

I don't know the answer, but just wanted to say, what a terrible day for you!!!!!! :hug:

What a horrible situation for you to be in..

To be honest, I wouldn't ring back and lie about it, as I would hate for you to be caught out and charged with fraud for $600. Instead I would continue to fight it. Go up the chain, go to the police for a report that it was the only way to get the child out at the time, go to your local member, go to the current affairs shows.

No excess for windows. Not sure what they would say if the police had broken in instead. I am not even sure if they realised how isolated I was, maybe they thought I just didn't want to go to the neighbours? I can't remember the call very well because I was crying. I do remember hanging up on them though lol

Kylz, I am very tempted to ring again but if they did happen to put a note in my file I would look very very bad. I am pretty sure there is a taped thing at the start of the phone call about all calls being recorded.

I think I will ring again tomorrow and see what their appeal process is.

And thanks for all the hugs, it was not something I would like to repeat. Luckily it was a mild day, I hate to think how much worse it would have been on a really hot day.

OMG! I just got a phone call from the insurance company, someone higher up reviewed the case and they decided that it was a reasonable action for any parent to undertake and they will cover the cost of replacing the window!!

Woo! I thought you had buckleys and none of getting this through. Yay for common sense in the insurance industry!!!!!!

That's awesome news

Awesome!

:happyforyou: Brilliant hun and duh to them, seriously. Any parent would have done the same thing, great that they realised and will cover it!!

that is so brilliant! i am so pleased for you Arte.
I also think it is a great reflection on the company that they proactively made that decision and called you back etc (even after you hung up on them) - when youhave 5 mins it could be a nice idea to email them - those staff rarely get a thank you and it sounds like they went out of their way to escalate your case and get it sorted for you (and fast)

Insurance companies are not as horrible as their reputations make them out to be.
It's like anything else. There's a bunch of bad seeds who deny legitimate claims.
Except I believe there are more avenues to fight unfair claims. The ACCC watches the insurance industry so closely.

That is brilliant news. So nice to see common sense prevail every now and then!

Awesome!

:clap: That is awesome news, I was reading the entire thread thinking that they wouldn't back down, so it's great to hear that some people really do care and take proactive action. Hope your day gets better.

Woot!!! Awesome!!