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VIC Insurance Law - What Happens After Insurance Paid Out?

Discussion in 'Insurance Law Forum' started by nathans, 22 February 2016.

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  1. nathans

    nathans Member

    22 February 2016
    Likes Received:
    My high-end mountain bike was stolen last November and I received an insurance replacement bike just before Christmas. In late January, my stolen bike was recovered and, under the instruction of the insurance company, I took possession of the bike. I was told to inspect the bike and decide whether I wanted to keep it (at a purchase price to be determined), or surrender to the insurance company for salvage.

    The bike is in poor condition and not currently ridable but has some value to me for spare parts. I sent a message to the insurance company stating I was interested in keeping it for parts, pending price. They have not responded to my message for 12 working days; all previous email responses were 3 to 5 working days.

    I'm a little annoyed as I'm currently storing their property for free, I only want to keep a few parts and would sell or dispose of the rest. Based on their lack of response, at what point can I assume the insurance company has surrendered ownership to me under Insurance Law?

    It's a bit rude that I had to collect the bike on their behalf (very inconvenient), store it for them for an undetermined period of time, then have to chase them for a response on what they want me to do with it.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Firstly, I would send a follow-up email or try to call them before doing anything with the bike.

    Secondly, if you are not getting a response, I would send them a notice that you will be disposing of the bike in 28 days. If you do not receive a further response in 28 days then do what you like with it.

    Check out this article on the government website:

    Disposing of low value uncollected goods and vehicles - Consumer Affairs Victoria

    I agree, it's a bit rich having you collect and store their property and then make you wait. Perhaps that's something you could take up with the Insurance Ombudsman.

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