Car Damaged Whilst Being Unbogged

Hi, my car got stuck, got pulled out with a rope by another car however my car got damaged due to it, looks like structural damage and costly accessories got damaged. The back bumper is also damaged. It was at a national park, on unsealed gravel road. Essentially got stuck on a bump with all 4 wheels up.

I have comprehensive insurance and just wondering if I'm covered?

Or if there is something I should look for in the insurance to see if I'm covered

Insurance: Youi PDS link.

Comments

  • +10

    The thing you need to look in is the PDS.
    This describes what is covered, and what is not.

    • do you know what i should be looking for? Is there a keyword?

      • +12

        I would read the whole thing, paying special attention to any mention of off-road, or mention of unsealed roads.

        • Yeah i read through it, only thing they might try is reckless driving.
          Other than that I am unsure.

          I would say the first part of getting stuck and the damaged caused by it comes under accident which is covered but unsure about the damaged caused by the rope pulling.

          • @michael9865: If you link to the PDS, there is a good chance another customer will have read it who posts here. They might be able to offer insights.
            It will be on the insurer’s website.

          • @michael9865: Was it on private property or a public road?

            • @MS Paint: off roading at a national park

              • @michael9865: If it was extracted using more appropriate equipment and care would the damage have happened?

                • @MS Paint: I mean there is always a better way to do something like lifting the car up and putting a track on the bottom

          • +2

            @michael9865: I wouldnt think its reckless if just a mistake

      • +20

        You username does not check out

  • +4

    Not sure how you can get structural damage from that. Superficial damage is much more likely.

    • -2

      on the fourth try they used full force and the car went flying back. I heard cracks all over the car.
      The car looks displaced by a few mm.

      • +6

        No idea what "the car looks displaced by a few mms" means, but unless your car is made of recycled tin cans, I'm sure the chassis is fine. What vehicle do you have? Post photos of the damage.

        • +6

          I'm picturing an over engineered GQ Patrol extracting a Daihatsu Terios from a deep trench.

          • +6

            @MS Paint: $5 says OP has a Rav4.

            • -1

              @Mechz: Didn't know Rav4 was an off roader

              It's a ute made and advertised for off roading

              • +43

                @michael9865: What.
                Vehicle.
                Is.
                It.

                • +9

                  @brendanm: Ranger Danger?

                  • +22

                    @MS Paint: I'm pretty sure it's a GWM 😂

                    • +2

                      @brendanm: That makes a lot more sense. Cheers

                    • +1

                      @brendanm: Not sure it would have made it that far in to get bogged..:P

                      • +39

                        @michael9865: Then the chassis may be damaged, as it probably is made from recycled tin cans. My condolences.

                        • -1

                          @brendanm: Possibly but the bash plates and bumpers are stronger than any other vehicle available in Australia stock or otherwise.
                          Chassis i am unsure about

                          • +4

                            @michael9865:

                            or otherwise.

                            I find that hard to believe. People make custom bash plates out of dozer blades.

                          • +2

                            @michael9865: Lol, yes I'm sure they are.

                      • +2

                        @michael9865: Well then your chassis is probably twisted beyond repair just from using the recovery points.

                        • -1

                          @Mechz: Hmm wonder if that then becomes a warranty issue

                    • @brendanm: How did you know it was a GWM!!!

                      • +1

                        @DazMon: Let's just say I was very bored last night.

                • +12

                  @brendanm:

                  What.
                  Vehicle.
                  Is.
                  It.

                  Lol.

                  Unified OzBargain Law 479.13, Section 3A, Provision 9: "A poster asking for help with automotive issues on the forums shall never, ever reveal the make or model of the vehicle in question that's experiencing the said issue, to the complete mystification and aggravation of other sincere posters attempting to assist them with the said issue. The OP shall make every possible effort to reasonably evade, deflect or ignore any queries about their vehicle's make or model, under penalty of forfeiting all common sense and their final pair of remaining brain cells."

              • @michael9865: I know a kid who regularly takes his rav4 onto the beach.

                • +2

                  @Euphemistic: I've seen 2WD go on the beach, unsure if I'd call driving on a beach true off roading

                  • @michael9865: There werent any gazetted roads….

                    Anyway, the RAV4 does great on soft sand. The kind that if you dont air down youll be getting recovered.

          • +2

            @MS Paint: There's no way a Terios got bogged, they are a mud bogging machine.

            • @brendanm: This thread sounds great if you imagine each post read by one of the guys from king of the Hill

    • +4

      Sounds like he was balancing the car on a rock and had someone yank the car with a rope using another car.

    • +1

      Not sure how you can get structural damage from that. Superficial damage is much more likely.

      I think the key clue there is the word “rope”.

  • +6

    Suggest you proceed with a claim and get a determination in due course. Unsealed roads and underbody damage are used as exclusions for rental cars but this isn't applicable to your own car. The only possible exclusion I can see from their side is 22. the car being used in a manner or under conditions inappropriate for the type of car or outside the manufacturer’s specifications or recommendations

    • +2

      it's a vehicle that's advertised for off roading so dont think they can't use that excuse

  • -1

    Sorry dude….

    Page 22, Point 19(cont'd from Page 21):

    We will not pay for loss or damage:

    The car being used on a permanent or temporary racetrack or raceway,
    or in a four-wheel drive or adventure park, or for racing, trials, speed tests,
    pacing, contests, rallies, endurance tests, or skills tests

    I would say that Youi would argue that, even thought the damage was done during towing, it was a result of the above.

    • +16

      How does that apply to being in a national park

      • +1

        How does that apply to being in a national park

        That's what I thought.

      • +4

        A national park where there's a 4WD track would fall under the "in a four wheel drive or adventure park".

        Or do you want them to specifically say.. National Park?

        OP isn't clear when he says "unsealed gravel road" if it's like the unsealed road in the National Park carpark or an actual 4WD track. I assume it was the latter because it wouldn't be easy to be stuck with 'four wheels up' anywhere else other than a 4WD track.

        • Youi advertises cover for off roading and 4WD'ing.

          Hard to believe they would lie like that.

          It was a track so think it's only meant for 4WD

          • @michael9865: That is really strange! It's all over their webpage!

            Is it an add-on or some separate policy? Or is it the standard car insurance policy?

            I would fight it if they denied your claim.

        • +13

          A national park where there's a 4WD track would fall under the "in a four wheel drive or adventure park"

          No, a national park is precisely where you are NOT going to find a road that was a 4WD skills test or speed test. A road in a national park is going to either be a gazetted public road or a management road. One that you are meant to be able to get where you are going on, not one that tests your skills or your vehicle's capabilities.

          Since its a national park its not the type of road that is going to be the problem with the OP being able to successfully claim. It is whether the vehicle was misused by being attempted to be towed out of the bog the way it was. What does the manufacturer say about towing points? Would the manufacturer approve of that method of dragging it out of a bog? I would suspect that will say that's the basis on which they'll deny the claim.

          • @GordonD: It had reocovery points on the back which was used but will look into it to make sure it can be used to tow out

            • +4

              @michael9865: Factory recovery points? You sure they're not tie down points, or aftermarket?

              I'd be less concerned with the location, and more concerned with the deliberate act that occurred with your permission - GE 29.

              • -1

                @Typical16-bitEnjoyer: Yep the factory bumpers (everyone calls them bull bars..to me it isn't) and full extra thick bash plates come as factory standard also.

                • +5

                  @michael9865: What about rated recovery points? Most factory tie downs arent rated for recovery.

                  • @Euphemistic: When i was buying it they said it was recovery points but had a search last night and i haven't found anything that stated if it was tie down or recovery points

          • @GordonD:

            A road in a national park is going to either be a gazetted public road or a management road. One that you are meant to be able to get where you are going on, not one that tests your skills or your vehicle's capabilities. One that you are meant to be able to get where you are going on, not one that tests your skills or your vehicle's capabilities.

            Are you telling me that if I drive my regular vehicle into the 4WD track in a national park and it gets destroyed in there, I'm going to be covered, because it's either a gazetted public road or a management road?

            • +1

              @bobbified: No, you wouldn't be covered if it was signposted as a management road, because that would imply 4WD-only, or was a gazetted public road that was signposted as 4WD only, or it was obvious to a reasonable person that it was "misuse" of a vehicle of that type to use it on that road.

            • @bobbified: I think he is saying that the PDS is saying if the 4WD track is a testing track meant to test 4WD's not a normal 4WD track.

              • @michael9865: Not trying to be argumentative, but the point in the PDS contains "OR"s, (and not "AND"s), so the terms 'four-wheel drive' and 'test tracks' are complete separate to each other..

        • +11

          A 4WD park is like what they have at Kurnell sand dunes.

          A NAtional Park is not a 4WD park. They are gazetted roads.

          Insurance will cover it

          • +1

            @brad1-8tsi: Not if it was the attempt to unstick it caused the damage due to incompetence or stupidity.

            • +3

              @Sal in SA: Technically all acidents are due to incompetence or stupidity.

              I didn't neg you btw

          • +1

            @brad1-8tsi: Yeah it is gazetted, it is covered, what makes me worried is the damage caused by rope pulling

        • No, it wouldn't. What they mean is; you can't claim against an event that occurs at a 4wd park such as https://www.scenicrimadventurepark.com.au/

          So similar to a racetrack, except almost like a 4x4 challenge track

    • +5

      National Park is not an adventure park of four wheel drive park. There are actually four wheel drive parks and they would specifically mean that because those parks have some pretty narly tracks.

      A national park would be just for normal suvs.

      No insurance for getting bogged would be pretty ludicrous for Australia.

  • +7

    Maybe you are being too honest?

    • +1

      My thoughts exactly. No need to lie, but you don’t have to feed them all the background information including what you had for lunch sort of level. Because chances are these insurance mob will try to use every piece of information against you to get out and reject the claim and even ban you.

    • +3

      So he should say he was being towed out of a very large pothole on the highway?

  • +5

    If your on a gazetted road you’ll be fine

    If your on a closed track or somewhere you shouldn’t be etc and they find out, no chance.

    Let me guess they just used a rope or snatch strap
    instead of slowly winching you out…

    Goodluck.

    • It was a track and the public can use.

      They used recovery rope with hooks.

      • +4

        I’m sorry mate but unless you damaged the vehicle in the first place there should be very little damage recovering it and definitely NOT structural..

        I’ve been 4wdriving in The High Country for over 20 years now. Recovered a few people in that time successfully and without damage.

        I stopped using the rope/snatch system many years ago due to seeing people damage there 4wds from doing so, you cannot control the other vehicle pulling you out and most think you have to take off flat out. The last time I nearly got whiplashed because he took off like a bat out of hell.😡😡

        Winching might be slower but its controlled…

        Anyway Goodluck with your claim 😄😉

  • +3

    Take it to an assesor before you go down the claim road. Might be fine except for the bumper.

    If it is a proper rated recovery hook it should be mounted such that the chassis etc are fine. Of course its going to make all sorts of horrible noises if you are dragging it off its belly.

    IMO damage when 4wding probably should be paid for by the owner rather than the insurer as its self inflicted.

    • +2

      “IMO damage when 4wding probably should be paid for by the owner rather than the insurer as its self inflicted.”

      Why that’s why you pay extra for 4wd Insurance.

      Some Companies you have to pay extra for river crossings which is fair enough..

      • I guess it depends on the damage. Rollover? Insurance. Bumper damage? Live with it, upgrade to a protection bar or wrecker parts out of pocket

        Having insurance isnt an invitation to beat the hell out of your vehicle. Using insurance for everything is gonna cost you in excess and premium hikes.

        Its a balance.

  • +32

    I'm pleasantly surprised that this is not a query from OP asking if he can claim the damage against the driver who pulled him out.

    • +12

      Yeah, same. That is exactly what I came here for…

    • +5

      That never occurred to me but also don't think i can seeing as i gave him permission to get me out.

      • +19

        Even if you could - should not even consider it an option at all

        That’s not how you repay someone that’s tried to help you out - PERIOD

        • +2

          Also the usual 'acting in good faith' defence.

      • +17

        I'm gonna assume whoever negged me, wants me to make it an option make a claim against the driver in which case they should really grow up and learn mannners. Don't put someone under the bridge because they helped you out.

    • +2

      Imagine OP with a PDS to sign whoever is going to drag him out, OP be still in the national park camping lol

  • @Muzeeb, this needs your MS Paint skills.

    • +20
      • I think there needs to be a differentiation between "Cheaply made" vs "Made in China" as almost all the big brands for any kind of product have a factory down there or source parts from China.

      • This makes sence. Cheers. 5/7

  • +12

    Are you sure you didn’t just drive over a big object on the road while driving home at night?

  • As long as you got the details from the bump, your insurer can contact their insurer to work out the details.

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