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Old 24.08.2014, 18:54
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Insurance Invalid When Speeding: Has Anyone Heard of This?

My auto insurance company sent me a note that a recent change in the law means that they will not pay claims in the cases of accidents that result from the insured driver's excessive speed.


I can't find specific details of this law anywhere. If true, I'd love to know who would get to verify if speeding was involved and if that referred to reckless speeding or simply a couple km over.


Has anyone else heard of this?


Bruce
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Old 24.08.2014, 19:18
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

Most insurance policies will not pay damage to your vehicle if you were driving badly. In the case when you were drunk, or drugged, or very fast, etc

Maybe you need to read your policy?
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Old 24.08.2014, 19:19
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

via secura
http://www.astra.admin.ch/themen/ver...herheit/00236/
coming 1st January 2015 is the next stage where if you drink excessively or speed excessively and have an accident, they will look to you for their uninsured losses..
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Old 24.08.2014, 19:48
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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My auto insurance company sent me a note that a recent change in the law means that they will not pay claims in the cases of accidents that result from the insured driver's excessive speed.


I can't find specific details of this law anywhere. If true, I'd love to know who would get to verify if speeding was involved and if that referred to reckless speeding or simply a couple km over.


Has anyone else heard of this?


Bruce
the keyword here is Grossfahrlässigkeitsschutz (on idea what the correct English word is )

http://www.comparis.ch/auto/info/glo...itsschutz.aspx
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Old 24.08.2014, 20:08
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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the keyword here is Grossfahrlässigkeitsschutz (on idea what the correct English word is )

http://www.comparis.ch/auto/info/glo...itsschutz.aspx
"Gross negligence protection" is what my translation package comes up with.
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Old 24.08.2014, 20:08
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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the keyword here is Grossfahrlässigkeitsschutz (on idea what the correct English word is )

http://www.comparis.ch/auto/info/glo...itsschutz.aspx
Key problem is that it is not defined; it just gives insurance companies a licence to delay or avoid payment. Imagine the arguments about what is gross! And if, for example, you are in a strange town and fail to see a traffic light then after you have an accident you can kiss your bank account goodbye.

The whole point of insurance is to protect you from the financial penalties of making a mistake.
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Old 24.08.2014, 20:12
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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the keyword here is Grossfahrlässigkeitsschutz (on idea what the correct English word is )

http://www.comparis.ch/auto/info/glo...itsschutz.aspx
In UK law there's a fairly concise definition of 'dangerous driving' which is probably equivalent, including clauses such as 'obvious [dangerous] to any normal competent driver'. It can be used where the only dangerous act was speeding, but is only rarely done, as it's quite difficult to prove in a court of law, and also in practice may be subject to the outcome, which should not be relevant, but juries are easily influenced, such that speed resulting in an accident will often be deemed dangerous, whereas the same speed with no accident will not.

Anyway, that's probably all a moot point here, unless the InsCo would only be able to withhold or reclaim payment in the event of a successful prosecution... which would make some sense actually, now I come to think about it.
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Old 24.08.2014, 20:17
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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In UK law there's a fairly concise definition of 'dangerous driving' which is probably equivalent, including clauses such as 'obvious [dangerous] to any normal competent driver'. It can be used where the only dangerous act was speeding, but is only rarely done, as it's quite difficult to prove in a court of law, and also in practice may be subject to the outcome, which should not be relevant, but juries are easily influenced, such that speed resulting in an accident will often be deemed dangerous, whereas the same speed with no accident will not.

Anyway, that's probably all a moot point here, unless the InsCo would only be able to withhold or reclaim payment in the event of a successful prosecution... which would make some sense actually, now I come to think about it.
You did not read the link did you?
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Old 24.08.2014, 20:43
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

Aren't all accidents caused by some sort of dangerous driving?
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Old 24.08.2014, 20:44
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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Aren't all accidents caused by some sort of dangerous driving?
Exactly; this law just gives insurance companies a licence to print money!
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Old 24.08.2014, 20:48
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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Aren't all accidents caused by some sort of dangerous driving?
A large rock landing on your car?
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Old 24.08.2014, 20:50
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

Which is indeed quite different to driving with Summer tyres on ice at 180 whilst *issed and crash into a tree or another car, etc, for example. That's not 'an accident'...
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Old 24.08.2014, 21:02
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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A large rock landing on your car?
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Which is indeed quite different to driving with Summer tyres on ice at 180 whilst *issed and crash into a tree or another car, etc, for example. That's not 'an accident'...
Yes but 99.9% of accidents fall between these extremes and those 99.9% will be the ones that they will try to wriggle out of paying.
Last year there were 17,000 accidents involving personal injury - I could not find a source for non injury accidents.
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Old 24.08.2014, 21:02
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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A large rock landing on your car?
Heh true. Believe it or not this happened to me. Luckily the windscreen and in January so I didn't have to peel off my vignette.

OK all accidents involving a driver involve dangerous driving then.
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Old 24.08.2014, 22:06
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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Which is indeed quite different to driving with Summer tyres on ice at 180 whilst *issed and crash into a tree or another car, etc, for example. That's not 'an accident'...
I just hope that any victim of such an accident does not fall into a "no man's land" where the insurance co. say it is the driver's responsibility to pay and the driver says they have no money.
I have a friend who was a passenger and seriously injured in a car accident. In a subsequent court action he was awarded a large sum but after 10 years the Swiss insurance co. had still not paid up; and that was under the "old" rules.
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Old 24.08.2014, 22:26
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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Aren't all accidents caused by some sort of dangerous driving?
No.

Next question?
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Old 24.08.2014, 22:38
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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Aren't all accidents caused by some sort of dangerous driving?
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No.

Next question?
No but I am sure clever insurance co. lawyers will be able to prove all accidents were caused by some sort of dangerous driving so removing their liability.
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Old 24.08.2014, 22:47
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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No.

Next question?
How about reading the whole thread before posting your beligerent tosh next time ace1?
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Old 24.08.2014, 23:39
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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How about reading the whole thread before posting your beligerent tosh next time ace1?
Well if I'm missing something please feel free to enlighten me.
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Old 25.08.2014, 00:21
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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Well if I'm missing something please feel free to enlighten me.
A few screws it seems
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