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Old 30.06.2015, 22:19
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Re: Overpaid car insurance - need legal advice

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c) You informed the insurance
Alas, a key point.

Tom
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  #62  
Old 30.06.2015, 22:50
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Re: Overpaid car insurance - need legal advice

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Yes, and I think I was making a point that there are commentors who are trying to be funny or smart, rather than to be useful to someone who came to ask for advice.

Why do you think people who have no expertise in insurance, law or claim resolution would feel the need to comment with great assurance in what they wrote. Beats me...
i know eh, who'd have thought my BA in Buisness Administration, 10 years at Lloyds syndicates and Willis Faber (as was), 3 at Rothschilds and 2 at RBS were clearly wasted as was my now defunked FCII... who'd have thought.

But an 'ology in insurance or finance really isn't needed in this instance, just a little common sense and ownership.

Last edited by Papa Goose; 30.06.2015 at 23:39.
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  #63  
Old 30.06.2015, 23:24
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Re: Overpaid car insurance - need legal advice

it was not specifically aimed at you, mind you. Plus, you didn't mention insurance in your detailed profile.
  #64  
Old 01.07.2015, 00:02
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Re: Overpaid car insurance - need legal advice

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it was not specifically aimed at you, mind you. Plus, you didn't mention insurance in your detailed profile.
Once again, you didn't ask............
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  #65  
Old 01.07.2015, 06:24
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Re: Overpaid car insurance - need legal advice

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Yes, and I think I was making a point that there are commentors who are trying to be funny or smart, rather than to be useful to someone who came to ask for advice.

Why do you think people who have no expertise in insurance, law or claim resolution would feel the need to comment with great assurance in what they wrote. Beats me...
Perhaps you should ask a related questions: why is anyone here obligated to help you or respond in a manner you personally deem useful?

We'd all much prefer that the next person to find himself in such a situation have the wealth of information available so that he/she doesn't take the same morally dubious route of trying to blame the insurer for his/her own mistake. In other words, we're acting for the benefit of society, which in this case clearly differs from acting in your personal benefit.

Plus, when you start acting like a twat, some of us just enjoy poking you a bit more.
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I'm likely typing from an iPad. Please disregard odd word usage.
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Old 01.07.2015, 10:09
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Re: Overpaid car insurance - need legal advice

The language you are using is uncalled for, and offensive.

I think I was pretty clear in what I want to achieve and why. I did say at some point that I failed to notify the insurance. I did say I believe the insurance company also has a responsability in it. Now, you may disagree, but I don't really care. I consider my exchange with you over.

And, I thank again those who gave good information or suggestions!
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Old 01.07.2015, 10:25
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Re: Overpaid car insurance - need legal advice

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The language you are using is uncalled for, and offensive.

I think I was pretty clear in what I want to achieve and why. I did say at some point that I failed to notify the insurance. I did say I believe the insurance company also has a responsability in it. Now, you may disagree, but I don't really care. I consider my exchange with you over.

And, I thank again those who gave good information or suggestions!
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The language you are using is accurate and called for.

I think I was pretty clear in what I want to achieve in that I want to hold someone else responsible for my mistake and wriggle out of my responsibility. I did say at some point that I failed to notify the insurance, but really I feel that the fact that the insurance companies physic powers were on the wain and the company crystal ball at the menders is not my problem. I did say I believe the insurance company also has a responsibility to do things they don't know about . Now, you may disagree, but I don't really care. I consider my exchange with you over as no one wants to agree with me.

And, I thank again those who gave good information or suggestions, but really they don't agree with me so I will take my ball away now!
There fixed that for you
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Old 01.07.2015, 11:13
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Re: Overpaid car insurance - need legal advice

I won't even bother reading. Enjoy your day waiting for the Thanks to come, slowly but surely. There is also Facebook, if you post something interesting, you can get a lot of Likes. It's very cool, I recommend it.
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  #69  
Old 01.07.2015, 11:27
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Re: Overpaid car insurance - need legal advice

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I won't even bother reading. Enjoy your day waiting for the Thanks to come, slowly but surely. There is also Facebook, if you post something interesting, you can get a lot of Likes. It's very cool, I recommend it.
I will enjoy my day, the suns out and I collect my new car today... and I even let the insurance company know
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Old 01.07.2015, 12:41
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Re: Overpaid car insurance - need legal advice

As a genuine piece of advice, the Swiss are not really confrontational, they are very conservative and like things to be sorted out with the minimum of fuss and bother.

The title of your post was not good, you immediately came in with the guns blazing "legal" advice, if you had asked just for advice you would probably have had a different response.

Basicaly it's your screw-upo you didn't advise the insurance company or at least check and you want legal advice as the first step.....

DIALOGUE with the insurance company is the first step, a nice phone call to see the lay of the land and work out your next step.
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Old 01.07.2015, 13:11
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Re: Overpaid car insurance - need legal advice

Now this is a a nice, calm, comprehensive post. Thank you.
  #72  
Old 05.07.2015, 13:33
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Re: Overpaid car insurance - need legal advice

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As a genuine piece of advice, the Swiss are not really confrontational, they are very conservative and like things to be sorted out with the minimum of fuss and bother.

The title of your post was not good, you immediately came in with the guns blazing "legal" advice, if you had asked just for advice you would probably have had a different response.

Basicaly it's your screw-upo you didn't advise the insurance company or at least check and you want legal advice as the first step.....

DIALOGUE with the insurance company is the first step, a nice phone call to see the lay of the land and work out your next step.
That's what I recommended all the time. but again. the insurance must have known 'cause there was a change in ownership. cannot see why insurance shouldnt have known. If it didnt you still can claim that you have not been insured at all (guess that's what the insurance would say if there had been an accident) and claim back the money based on this ground. Just have some arguments ready. But give them a change first why they believe they were entitled to the higher rates
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  #73  
Old 05.07.2015, 13:57
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Re: Overpaid car insurance - need legal advice

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The language you are using is uncalled for, and offensive.

I think I was pretty clear in what I want to achieve and why. I did say at some point that I failed to notify the insurance. I did say I believe the insurance company also has a responsability in it. Now, you may disagree, but I don't really care. I consider my exchange with you over.

And, I thank again those who gave good information or suggestions!


So... an unliked truth is offensive? Is your skin that thin? "Twat" really? I can assure you that if you contact the Insurance company with your current attitude someone will write "Dumme Nuss" on the cover of the file. What you _believe_ does not take precedence over the contract you signed. AFAIK the maxim "Ignorance of the law is not a valid defense." also applies in contract law, in pretty much ALL legal systems the world over. You haven't got a Lord Denning "Reasonable Man" argument, so try speaking nicely to the insurance first, then just give up. Other than moaning and arguing here on EF, have you actually communicated the issue to the insurance company? Do you expect them to SMELL that something might have gone wrong? You can unlike me, groan or even ask an admin to ban me, I'm not bothered.
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Old 05.07.2015, 14:34
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Re: Overpaid car insurance - need legal advice

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So... an unliked truth is offensive? Is your skin that thin? "Twat" really? I can assure you that if you contact the Insurance company with your current attitude someone will write "Dumme Nuss" on the cover of the file. What you _believe_ does not take precedence over the contract you signed. AFAIK the maxim "Ignorance of the law is not a valid defense." also applies in contract law, in pretty much ALL legal systems the world over. You haven't got a Lord Denning "Reasonable Man" argument, so try speaking nicely to the insurance first, then just give up. Other than moaning and arguing here on EF, have you actually communicated the issue to the insurance company? Do you expect them to SMELL that something might have gone wrong? You can unlike me, groan or even ask an admin to ban me, I'm not bothered.
Ignorance of the law is a defence in criminal law in CH, the Legal system is very different here.

Whats written in the contract is what matters, the OP choose to continue to pay & not shop around thats very normal and an insurance company does not have to give a competitive quote or any quote at all.
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Old 05.07.2015, 14:43
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Re: Overpaid car insurance - need legal advice

Wow, I didn't know that. Even after 26 years. Many thanks. Must be pretty rare though, no?
  #76  
Old 05.07.2015, 19:44
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Re: Overpaid car insurance - need legal advice

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Wow, I didn't know that. Even after 26 years. Many thanks. Must be pretty rare though, no?
No idea, I know someone who got off a manslaughter charge leading some skiers, the judge decided to treat it as if the accident happened in the UK & under UK law. Interesting as there is no skiing in the UK, of course there is skiing in Scotland, however that's Scottish law.
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Old 05.07.2015, 22:06
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Re: Overpaid car insurance - need legal advice

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Wow, I didn't know that. Even after 26 years. Many thanks. Must be pretty rare though, no?
Art. 21 Swiss Criminal Code
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Error as to unlawfulness

Any person who is not and cannot be aware that, by carrying out an act, he is acting unlawfully, does not commit an offence. If the error was avoidable, the court shall reduce the sentence.
But that is Criminal Law and not Civil Law.
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Old 05.07.2015, 22:12
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Re: Overpaid car insurance - need legal advice

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That's what I recommended all the time. but again. the insurance must have known 'cause there was a change in ownership. cannot see why insurance shouldnt have known.
If you had explained why and how the insurance must have known you would have less groans. Hint: Owner of car is registered nowhere.

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If it didnt you still can claim that you have not been insured at all (guess that's what the insurance would say if there had been an accident) and claim back the money based on this ground. Just have some arguments ready. But give them a change first why they believe they were entitled to the higher rates
Why? You insure a car. Does not mater who owns the car and owner is nowhere mentioned. Even if the registered holder of a car changes, the insurance can stay with a car unless you say otherwise. In OP's case the registered holder never changed.
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Old 05.07.2015, 22:24
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Re: Overpaid car insurance - need legal advice

Absolutely, nobody is obliged to help me, the same as if I forgot 10'000 CHF at the post office teller.
But nobody is obliged to tell me I'm an idiot for doing that either.
So, the ONLY fair and intelligent post someone could have written is, as a few did, is to suggest I talk to the company and see how it goes. Or give me the name of an expert who perhaps has dealt with a similar case, so that I know better how to talk or write to the company. Any certainty about it not going well, about me acting in a "morally dubious way", as a "twat", "contrary to the interests of society" (lol, really) are plain idiotic, ignorant and nasty.
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Old 05.07.2015, 22:36
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Re: Overpaid car insurance - need legal advice

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Absolutely, nobody is obliged to help me, the same as if I forgot 10'000 CHF at the post office teller.
But nobody is obliged to tell me I'm an idiot for doing that either.
So, the ONLY fair and intelligent post someone could have written is, as a few did, is to suggest I talk to the company and see how it goes. Or give me the name of an expert who perhaps has dealt with a similar case, so that I know better how to talk or write to the company. Any certainty about it not going well, about me acting in a "morally dubious way", as a "twat", "contrary to the interests of society" (lol, really) are plain accurate, insightful and obvious.
FTFY. I wins teh Internet.
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