Discovery Insure and My Poor F30

NtandoN

///Member
What does D n D mean? I assume it's not Dungeons and Dragons... :fencelook:


Is it Drinking and Driving?
 

Coisman

Administrator
Staff member
WIDEOPN-X3 said:
What was the first condition for denial (or repudiation) of the claim?

You have alluded to this as the reason;

5.25 Prevention of loss

"You must take all reasonable precautions for the maintenance and safety of the insured property. This means that you must take reasonable steps to prevent and/or minimize loss, damage, death, injury, liability and accidents. You may carry out emergency repairs to prevent further damage with our consent."

The underlined part especially but the whole clause as quoted by you is rather vague. Clauses like this can sometimes be voided for vagueness and hence perhaps Discovery's back up stance of the D n D angle. Who determines what the "reasonable steps to prevent loss / damage" are? Discovery.

I would recommend for the amounts involved that you lawyer up and get an accident specialist in on your behalf. But if you are not CERTAIN that your evidence and statements of events will withstand cross examination, don't waste your money.

Also, if you are not CERTAIN of what evidence they may have against you, save your money especially if there's the slightest chance of them proving a probable D n D against you.

Would you be prepared to submit to a polygraph regarding the circumstances of the loss? If so, tell Discovery that. You need to demonstrate at all times that you are co-operating and willing to assist. In so doing, it weakens their position particularly if they're clutching at straws.

BUT, here's the other side of that coin. Stemming from that meeting last week, be aware that most Underwriters will not hesitate to appoint an investigator (and I am not talking about assessor - I mean forensic specialists) if they form the opinion on evidence collected by assessors that the claim is not genuine. I know of one individual currently sitting inside for fraud in regard to an MVA. The old "flip the car with a tow truck" trick and the "claim the pedestrian ran across in front of me and I swerved" defence.

I am not trying to dissuade you from claiming but I am saying have all your ducks in a row and make SURE your claim is genuine in every aspect.

I will leave you with one observation (again granted it is from one photo) and then withdraw from this discussion because I have formed an opinion but will keep it to myself.

The damage to that rim is not a slow speed impact....

I don't agree here...

If the tyre was away from the rim, and the rim in contact with the roadway while the car was turning and moving, then the sheer weight of the car with the roughness of the roadway could cause the rim to start breaking apart.

That shape of curb, and the angle of it, I can't see how the rim would shatter the way it did...unless higher speeds were involved, and then I am sure there would have been suspension damage as well.

Look, Only the driver knows what really happened, and the insurance company is now playing devils advocate by twisting all relevant information into their own advantage, as to not have to pay the claim.

Every story has 3 sides... Yours, Theirs, and the truth... and this has clearly become a "He said, She said" scenario where You as driver is saying this happened, and they as insurer is saying that happened...

In my opinion a SERIOUS FAIL on the insurance company side, using that tracker unit data, that in actual fact is stating you were driving under the legal speed limit while damage occurred, stating the Harsh acceleration and Harsh cornering as the cause of the damages.

What exactly, do they define as Harsh acceleration and Harsh cornering??? and how by law, can they refuse the claim against you, Unless you agreed to their terms in contract, allowing them to use this data, and that if you are seen to have done Harsh Anything, they can refuse a claim.
 

WIDEOPN-X5

Well-known member
Coisman lets agree to disagree:=):

As a general rule of thumb most cars are set up to understeer before they oversteer. Front or rear drive its only the degree to which they understeer first but understeer first they will.

Trying to get a 320d to oversteer with all the traction control and wizardry that goes on under the bonnet is virtually impossible.

Getting the car to understeer or scrub with harsh acceleration and a substantial degree of steering lock dialled in.....much easier.

The pavement at the apparent point of impact as submitted by the OP is not vertical. It is angled away from the direction of impact which would aid (in normal circumstances) the tyre running up the pavement and maybe one getting away with some "curb rash".

Anyway. Like you said, the OP was there not me. Only he knows what happened. And as I said, if he's certain of his facts, take the Insurer on via the Ombudsman or directly through the (much more expensive) route of his own lawyer backed but his own accident specialist.

So much for me butting out of the discussion :roflol::roflol:
 

Dewald Basson

///Member
Sabretooth tiger said:
Dewald Basson said:
How did the car get home?

Suppose on a flatbed. Looks like the rear suspension got damaged. Back wheel seem to be lying at an angle. So doubt it was able to drive.

dqtrack4_1471743248.png


So the tracker remain on even if the car is switched off?

Cause the trip seems to continue past the circle and down that road.
 
Dewald Basson said:
Sabretooth tiger said:
Dewald Basson said:
How did the car get home?

Suppose on a flatbed. Looks like the rear suspension got damaged. Back wheel seem to be lying at an angle. So doubt it was able to drive.

dqtrack4_1471743248.png


So the tracker remain on even if the car is switched off?

Cause the trip seems to continue past the circle and down that road.

Yep, it is supposed to.
 

Kaboose

New member
Sabretooth tiger said:
Dewald Basson said:
How did the car get home?

Suppose on a flatbed. Looks like the rear suspension got damaged. Back wheel seem to be lying at an angle. So doubt it was able to drive.

I did drive it home as I stay less than a kilometer from the "scene".
 

lebofa

Active member
NtandoN said:
What does D n D mean? I assume it's not Dungeons and Dragons... :fencelook:


Is it Drinking and Driving?


Yep, sounds like Dungeons nd Dragons bro :roflol:
 

r0ckf1re

Well-known member
Kaboose said:
Sabretooth tiger said:
Dewald Basson said:
How did the car get home?

Suppose on a flatbed. Looks like the rear suspension got damaged. Back wheel seem to be lying at an angle. So doubt it was able to drive.

I did drive it home as I stay less than a kilometer from the "scene".

You should have just walked there and gotten points for meeting your "STEPS" goals.

JJ, goodluck!
 

Dewald Basson

///Member
Sabretooth tiger said:
Kaboose said:
Sabretooth tiger said:
Dewald Basson said:
How did the car get home?

Suppose on a flatbed. Looks like the rear suspension got damaged. Back wheel seem to be lying at an angle. So doubt it was able to drive.

I did drive it home as I stay less than a kilometer from the "scene".

oh ok. Hopefully that didn't cause more damage.

Of course it did, if it takes 2 meters for the wheel to rotate once, that is 500 rotations on a cocked wheel. If you only drive in straight line, ad turns the amount of rotations increase.

Whether you did 20/30/40km/h, you hit that curb hard sir, crash tests are only done at 60km/h. If the tire came off the wheel you would not be able to drive the car home either.


Hope the party was worth it, good luck.


PS. I will never get one of those "let see how well you drive trackers". Had you not had it in your car, you would not have this problem right now.
 
Dewald Basson said:
Sabretooth tiger said:
Kaboose said:
Sabretooth tiger said:
Dewald Basson said:
How did the car get home?

Suppose on a flatbed. Looks like the rear suspension got damaged. Back wheel seem to be lying at an angle. So doubt it was able to drive.

I did drive it home as I stay less than a kilometer from the "scene".

oh ok. Hopefully that didn't cause more damage.

Of course it did, if it takes 2 meters for the wheel to rotate once, that is 500 rotations on a cocked wheel. If you only drive in straight line, ad turns the amount of rotations increase.

You 100% correct.
 

Maximus03

Active member
So, I'm on Discovery as well and this is pretty nasty........
I quickly had a look at the "FAQS"

"The information from your DQ-Track will be used to measure your driving behaviour and track the location of your vehicle in the event of a severe incident.

We will not use information from your DQ-Track when approving claims. The only time we will use the data from your DQ-Track in the claims process is to verify the time and location of an incident.

If you are involved in an accident and want to use data from the DQ-Track to prove your innocence and claim money from a third party, we will help you do so too. Discovery Insure, however, will not use such information without your permission"
 

WIDEOPN-X5

Well-known member
I feel reasonably confident to say this. Discovery have investigated the claim. Thoroughly. They have found something to embolden them sufficiently to repudiate the claim. I hope for the OP's sake I am wrong for reasons previously stated.

I said it in an earlier post. Underwriters don't repudiate claims flippantly because they know its likely to end up with the Ombudsman or in litigation particularly when the amounts involved are substantial.
 

Gizmo

Banned
Wow, talk about taking the name runflat literally, if the mag is flat you can still run on it.:rollsmile:
 

Laaiq

New member
Sabretooth tiger said:
Kaboose said:

Makes sense what Coisman said, never knew they can come off like that.

See in this pic, from where the marks on the road starts, seems like there was something lying in the road, that could also have damaged your tire. (almost rectangular mark on the road surface, right in the bend)


My 2 cents, If the tyre came off the rim prior to hitting the pavement, we would have clearly been able to see the two scraping lines of the rim sides on the road.
 

Gizmo

Banned
^ That's the zebra crossing paint.

We know the tyre stayed on the rim as he still drove home on it, what we saying is it unseated off the bead of the rim.

Here is a style 400M, it won't take much force to unseat a flat runflat off those small beads.

BMW-3-Series-18-Inch-Style-400M-Alloy-_1.jpg
 

lebofa

Active member
it looks like miway also does the same thing, if you have a tracking device fitted in your car, they use the information from the tracking company to pay-out or decline. If at the time of the accident you were over the speed limit, they will not pay out :smashScreen:
 
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