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  #101  
Old 08.07.2015, 18:03
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Re: Overpaid car insurance - need legal advice

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  #102  
Old 08.07.2015, 22:24
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Re: Overpaid car insurance - need legal advice

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Thank you for your post. Quite comprehensive, as they say.

Tell me more about the last part, please. In which case do you think I will have something written all over my file (and also, fool not being the same as ar...ole), and based on what do you think or know this?
Because we have customers at work, too.
And everybody knows the idiots. Even if you didn't have to deal with the specific customer yourself.

I'm not even in sales, but I know a thing or two about it.
One thing is: "Know your customers".
People talk.
Word gets around.
Switzerland is _very_ small.
If you're troublemaker, people will get this message out to others.
Whether it's via a remark in a (paper or electronic) file or just an informal comment - people will remember you.

From talking to my customer rep at ZKB, they (probably have to by law) seem to keep extensive records of conversations with customers - to the extend that I first asked myself if I'd actually told him certain details...

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It was never my intension to sue anyone, knowing it is complicated, costly etc. My intention was to arm myself with basic knowledge on what I could claim to the company based on legal aspects, as well as on practice cases. Similar to what the tenants association provides.
I did write at some point I will sue them and pay myself a nice vacation, but what I really meant is, I will get money from them. I just got worked up by some posts telling me I have no business thinking the company might pay me anything back. Which, as I know now (follow this space, as they say), and always thought, is not correct.
In this forum, you should not take every virtual fist-blow as a real-life one.
It's just words on the internet.
On the internet, nobody knows you're a dog.
Likewise, nobody knows who you are IRL. So, even if you make a complete fool of yourself, it doesn't really matter.

Personally, I would consider it a waste of time to wrangle about this with the insurance.
And a sure way to get unhappy.

A former co-worker bought a used Land Rover Defender, pimped it a bit and made a little sight-seeing tour of Russia with it (six weeks or so, not all of Russia).
He tried to insure it (Mobiliar) but failed at first (they just plain refused).
But he has more than one car insured with them, and his motor-bikes and has been with Mobiliar for something like a decade or more - so he told them that he would try to find insurance elsewhere and take all of his business with him.
In the end, some guy very high up the chain of command had to sign for it ("As an exception, only this time") and he got his insurance.
Car and driver returned to Switzerland without harm or damage...
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  #103  
Old 09.07.2015, 10:47
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Re: Overpaid car insurance - need legal advice

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Personally, I would consider it a waste of time to wrangle about this with the insurance.
And a sure way to get unhappy.
Fair enough. I don't, especially because the biggest pain so far has not come from the insurance, but from visiting this thread, from which I was expecting much more. In that sense I agree it must be one of the worst threads ever, but every participant then look at their share of responsibility

Papa Goose, in the end, even if the insurance company pays something out of their "goodwill", it is not really good will, it will be because they feel their position is not completely without reproach (either legally or in the sense of fairness). Or they are looking at the potential business loss if I cancel my contracts. Doesn't matter. The only fear I have, is that if they pay and I post all the details here, you might ring them up and ask on what leg they thought I was standing?
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  #104  
Old 09.07.2015, 11:18
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Re: Overpaid car insurance - need legal advice

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Fair enough. I don't, especially because the biggest pain so far has not come from the insurance, but from visiting this thread, from which I was expecting much more. In that sense I agree it must be one of the worst threads ever, but every participant then look at their share of responsibility
People are what they post on here. Your post and replies got effectively treated as they deserved. You got what you wanted which was advice, just because it wasn't what you wanted to hear and that the fault is yours not theirs is unfortunate.... but there you are.


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Papa Goose, in the end, even if the insurance company pays something out of their "goodwill", it is not really good will, it will be because they feel their position is not completely without reproach (either legally or in the sense of fairness). Or they are looking at the potential business loss if I cancel my contracts. Doesn't matter. The only fear I have, is that if they pay and I post all the details here, you might ring them up and ask on what leg they thought I was standing?

They are simply NOT liable for your inaction, and this really is not a difficult concept to grasp.... for most. I realise that you must feel peeved for donating cash to them for nothing, but stupidity/ignorance/lazyness is not a defence at law. They did nothing to mislead or deceive you, simply kept the contract going as per the original terms they had nothing from YOU to say there had been a change, that would trigger a recalculate of premium, again a simple concept.

Insurance contracts are in effect contracts of utmost good faith, based on the fact that the assess your risk on the details you provide. They set the premium, and they provide cover based on data over the specified period, and they settle on that basis in the event of a claim. If no claim is made in the period of cover (as it's insurance as opposed to assurance) then thats life. So, the basis for your contract was as at the outset, and until you inform them differently would remain as such.... end of story.

So yes, IF you got anything back after your failure to notify it would be goodwill, as you have yet to demonstrate to any reasonable extent, or provide any mitigating reason why it should be otherwise.

I sure hope you are better at asset managent, maybe your just a clerk as really you appear clueless about money
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  #105  
Old 09.07.2015, 11:49
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Re: Overpaid car insurance - need legal advice

Well fine, Papa Goose, then why didn't you mention this possibility of good will (let's call it like that) in your posts? You still think you gave good advice?

Last edited by ZurichLake; 09.07.2015 at 11:50. Reason: Typo
  #106  
Old 09.07.2015, 11:54
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Re: Overpaid car insurance - need legal advice

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Well, fine Pap Goose, then why didn't you mention this possibility of good will (let's call it like that) in your posts? You still think you gave good advice?
Absolutely! I didn't mention goodwill as you were affirming the company was liable, and asking for legal opinion... not exactly the steps to remotely stand a chance of goodwill. You are looking for a way to wriggle off the hook, when it's your own fault your on it. There is a massive difference between a payment made as where there is an element of liability to keep a customer happy, and a genuine goodwill payment where there is no liability but the company wants to easy a situation.

Nothing you have written especially "I did not notify the insurance company, because I had decided to keep the full casco coverage" leads me to even contemplate any liability on the part of the insurer, as you consciously decided Not to inform them. Should this have crossed my desk, and had you have admitted full liability for the situation, I may have considered a small good will payment. Any attempt at fudging, blame shifting or attitude and a polite "go away in short jerky movements" would have been the resulting reply.
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Last edited by Papa Goose; 09.07.2015 at 12:05.
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  #107  
Old 09.07.2015, 12:12
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Re: Overpaid car insurance - need legal advice

You can't write things that make sense. You go back to you old posts and correct them so they look better in light of what I write after. You are nasty, but most importantly: clueless. Goodbye.
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  #108  
Old 09.07.2015, 12:20
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Re: Overpaid car insurance - need legal advice

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You can't write things that make sense. You go back to you old posts and correct them so they look better in light of what I write after. You are nasty, but most importantly: clueless. Goodbye.
FTFY... again

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You can't write things that make sense to me because it seems to say I'm wrong, or will make the insurance company pay me... oh woe. You go back to you old posts and correct the typos, but still they tell me I'm wrong, and that is not acceptable as I'm an asset manager you know so always right. You are nasty for plain speaking, but most importantly: clueless in that I cannot be wrong, you cannot tell me I'm wrong, and it cannot be my fault at all so I'm stamping my feet now. Goodbye.
Please don't confuse the written posts with your ability to understand or accept

Ooh you edited... how mean lol
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  #109  
Old 09.07.2015, 12:42
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Re: Overpaid car insurance - need legal advice

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You can't write things that make sense. You go back to you old posts and correct them so they look better in light of what I write after. You are nasty, but most importantly: clueless. Goodbye.
It's very common to notice typos and less than perfect phrasing only after posting. I'd guess most everybody corrects their (longer) posts.

However, PG's post times and respective editing interval don't overlap yours. Your reproach makes no sense, not even theoretically.

Most everybody has some fields of competence, yours are still unidentified.
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  #110  
Old 09.07.2015, 12:54
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Re: Overpaid car insurance - need legal advice

It's about adding whole sentences, which I noticed twice. Did you really check the whole thread for time stamps? Oh dear
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  #111  
Old 09.07.2015, 15:11
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Re: Overpaid car insurance - need legal advice

Please close this thread.
it's going nowhere since 3 pages.
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  #112  
Old 09.07.2015, 15:18
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Re: Overpaid car insurance - need legal advice

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Please close this thread.
it's going nowhere since 3 pages.
It was going nowhere from the start. But who doesn't like a good train wreck?
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  #113  
Old 09.07.2015, 15:29
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Re: Overpaid car insurance - need legal advice

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It was going nowhere from the start. But who doesn't like a good train wreck?
true.
who will get the award?
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