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Newbie Join Date: Jan 2023 Location: Chennai
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| 50k bill on my BMW 310R and funny insurance shenanigans After my previous post I was hoping my second post would be of a better tone; but it's about me having to foot at 50k expense (and wanting to discuss my options here) on my BMW 310R after the insurance refuses to reimburse any part of it under absolutely ridiculous pretenses. What happened: It was a usual late night city joy ride, I was cruising at about 60, when the engine just turned off. I didn't hit any pothole, or for that matter, wasn't even changing gear or accelerating when it happened. I was gently cruising and the bike just turned off. I pulled to the side, tried turning it back on: nothing (starter motor was working). Turned the bike off and on again (as a software engineer): nothing. Tried jump starting it in 2nd: nothing. Checked visually: nothing. So, with my limited options exhausted and the help of two good samaritan bikers who were just out riding, the bike was pushed to the nearby shell bunk in Marathahalli, where it waited until morning, when it was towed to JSP BMW Motorrad, Koramangala. Diagnosis: I got the initial diagnosis in a few days and I was informed that there are rat bites on the wiring harness. Ok.. so what now? He asked me to wait. About a week (and barrage phone calls from my side) later, I talked to the technician who said: there are no signs of rat bite at all. What? Okay. Suspicious. But go on. He told me that there was a short within the wiring, so the entire wiring harness and ignition coil would have to be replaced and it would cost about 45k and I would have to foot the entire bill. ![]() Insurance shenanigans: Me: "so how do we involve insurance?", advisor: "sir, it'll be refused as there are no external damages sir, but you can register a claim and see", me:" I have to do it?", advisor: "yes sir, you have to call the toll free number and they will arrange". I'm confused as to why I have to do it, the shop usually does, I have never seen this before but nonetheless I registered the claim. I am happy to say ICICI Lombard was quick to respond and assigned a surveyor (ICICI calls them CSM) who visited the showroom the very next day. But turns out they were quick to respond so that they can be quicker to reject the claim completely : ![]() Even funnier shenanigans and a three way standoff: Amongst this major expense, it was also diagnosed that the front right indicator wire has torn. (I am at the showroom now, with the insurance CSM) and I asked the bmw rep how this could have happened, and what could be done. He calls the technician who tells the rep maybe it was a rat bite or maybe it got stuck somewhere and was pulled too harshly. And the rep comes back and tells me this reason + that it'll take 7k to replace as they can't replace just the wire, it'll have to be the entire indicator. This might sound like somber news, but this actually got me thrilled! "Yaaaay" I exclaimed to the CSM "see, external damage!", I show him the picture of the torn wire on rep's phone, "claim atleast the indicator". This is when CSM pulled his trump card, his genius 1000iq move: "Sir the bike has been opened fully, we can't claim it now". At this point I'm done, I've missed important work already, I'm losing too many battles and I'm not letting this one go too. I call the BMW rep and the CSM, we're standing equidistant from each other like a three way standoff. To counter the CSM's 1000iq move I ask these simplest of questions: me to the bmw rep: "I bought the insurance you guys recommend, so did you not know claims cannot be done if the vehicle is opened?" Bmw rep to me: "how can we diagnose without opening sir? And insurance is after diagnosis". Ok, this puts me right where I wanna be. Me to the rep: "so you can't call insurance without opening? Ok." Me to the CSM: "And you won't approve the claim if it's opened? Ok." Me two both: " So you two decide who is in the wrong here?" Ting ting ting ting tinggg, I won, got them on a deadlock! Well no, the customer is always wrong. After a bit of silence, they both claim I don't understand the process . The technician came and told me he'd diagnose what actually caused the tear and let CSM know. After this we can see if it can be claimed. I told the CSM not to close the claim without solving this. But you, me and any 2 month old baby know he'll close the claim. And I'll have to cough up the cost of even the indicator. Other info that matters:
To conclude, I want to ask, what do I do? What can I do? Apart from having a cheap laugh writing this piece, I've called up many shops across Bangalore and since it's an issue with the wiring harness they either don't want to touch it or quote excessive delays (2-3 months). If any of you know a good shop let me know, I will approach them too. But as far as I can see, I foot the bill right now, or try to valiantly fight the insurance and then foot the bill a little later. Let me know if you see something that is in my blind spot here. Thank god I paid extra for zero dep insurance. Last edited by Axe77 : 17th May 2024 at 11:32. Reason: Minor typo corrections and removing lingo words |
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BHPian ![]() Join Date: Oct 2020 Location: New Delhi
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans A couple of solutions come to my mind: 1. Change your service center and see if the service manager is more amenable to your demands. Not all service centers are a PITA. 2. BHPian nofear is one of the most knowledgeable bikers I know of dealing in high-end components. The wiring harness seems to be a high-end component to me given the exorbitant quotes you quoted. You can connect with him and see if something can be done. 3. Find an independent and reputed motorcycle garage that repairs premium motorcycles and gives detailed invoices. A quick Google search led me to X-Torque based in Kalyan Nagar, Bengaluru. You can ask for their quotations to get an idea. Hope this helps! Cheers! |
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Team-BHP Support ![]() Join Date: Sep 2010 Location: All over!
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans So, 1) Bike shut off 2) BMW SA claims there is rat bite, then says there isn't 3) Has no answer for why the bike shut off, and claims it might be rat bite, or that it got damaged in use? How's the indicator involved here? As an owner of a 310GS, I haven't had much better experiences with BMW Motorrad Pune. And about ICICI Lombard, less said the better. For the premium we pay for a ASC-issued insurance over a regular policy, BMW ASC and ICICI Lombard ensure that the claim process is as much a misery as possible. The dealers are able to walk away with this, given the spartan dealer/service network most of these manufacturers have. Quote:
A friend had a similar experience on his 310GS, albeit with a different part. BMW ASC - Insurance did their own dirty little dance the same way they're tantalizing you. Escalated this to BMW, took a few months (where the bike was idle at BMW ASC), but eventually the problem was solved. The problem seems quite similar to yours. Get BMW involved in this. @ BMW: Please demand better from your dealers; customers expect better. Last edited by libranof1987 : 17th May 2024 at 11:46. | |
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans
This is correct. Quoting myself from the following thread:- https://www.team-bhp.com/forum/india...ver-claim.html (Car ripped off & bitten by dogs in hospital parking | Will insurance cover the claim?) Post No. #3 https://www.team-bhp.com/forum/india...ml#post5519675 (Car ripped off & bitten by dogs in hospital parking | Will insurance cover the claim?) Quote:
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BHPian Join Date: Mar 2020 Location: Gurgaon
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans As far as I know, you can not claim insurance for such technical issues. Only accidental repairs + any add-ons (loss of key, zero dep etc.) that you have taken are covered. |
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BHPian ![]() Join Date: Jul 2012 Location: KL-08/Chennai
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans
IMO insurance has no role here. This is something that BMW needs to fix either under warranty or on chargeable basis/goodwill if the bike is out of warranty. I'd rather be more interested to know why the wiring harness is not a "warranty part". Are we expected to change wiring harnesses periodically due to wear and tear? |
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans Quote:
1. The time limit for filing a claim after an accident varies by insurance company, but is usually 48–72 hours (2-3 days) and in case of tragic event involving fatalities, the time limit may be extended. For normal claims the time limit is 2-3 days. The claim intimation may be made by telephone call, personal visit to the insurance office or even whatsapp to the concerned officer. If it is a weekend, then a phone call or a whatsapp message will suffice. But claim intimation within 2/3 days is a must. This must have been mentioned somewhere in the insurance policy wordings or their terms and conditions. Please see if you adhere to this time limit. If not the insurance company may not entertain the claim as per terms and conditions of the policy. 2. Any insurance contract is an aleatory contract, which means that the occurrence of an accident giving rise to a claim under the policy has to be uncertain and fortuitous that means something that happens outside the ordinary course of events. In Motor insurance, impact damage to the vehicle is covered. Electrical and mechanical breakdown is not covered. Accidental external means damage is covered (such as rat bite damage). Further let's say a tie-rod of a vehicle breaks and the vehicle meets with an accident. The Tie-rod is not paid and other parts are paid. This is due to a condition called "Proximate" cause of loss. By definition, a proximate cause is the active, efficient cause that sets in motion a train of events which brings about a result without any intervention on any force started and working actively from a new and independent source. The liability is established if an insured peril is the proximate cause of the loss The part failing due to the proximate cause of loss is not paid but the other parts are paid. In your case, what do you think is the proximate cause of loss and under which insured peril, the liability can be established? Further and foremost, in the absence of any impact damage to the vehicle, the insurance policy does not cover your loss. 3. As soon as there is a potential claim due to loss/ damage to the insured vehicle, let us say as soon as you took your bike to BMW workshop, you should have discussed with the workshop service providers and lodged a claim with your insurers. This is the tricky part. What if the issue was minor? say a dislodged wire? that ambiguity is always there. However the service provider should have been prudent enough to make a preliminary investigation and advised you that the repair cost could be high and you should lodge a claim. There are 2 type of surveys in motor. A preliminary or spot survey and then a final survey. The preliminary or spot survey is done as soon as the vehicle meets with an accident and the surveyor arrives at the spot and takes photos and makes a preliminary observation. He provides the basic information pertaining to the nature of accident, visible damages, circumstances leading to the accident etc. Then the damaged vehicle is taken to the garage where it the damaged section is dismantled/opened and a detailed assesment of damage is made and at the same time, a final survey is conducted. the surveyor arrives, checks the dismantled /opened / damaged parts, makes his assessment against the claimed spares and informs the garage about the assessment and the garage completes the repair and the claim process continues to documentation work. It is mandatory, that the surveyor inspects the damaged vehicle (your bike in this case) before it is dismantled or opened up by the workshop people or the dismantling /opening is done in front of the surveyor. Why is this so? Well, there are numerous instances where a damage unrelated to the present accident is shown as a part of the damage. So, the vehicle should be dismantled in front of the surveyor. If the damaged items are already removed or replaced, how would the surveyor determine that the damaged items belong to the same insured vehicle? how can the surveyor determine if the vehicle wire had an internal shortcircuit but was replaced and produced with a rat bitten wire during survey for claim purpose. many workshop switch parts to show a good part as damaged in the absence of a surveyor at the time of dismantling of the vehicle. It's a sad reality. Again the preliminary and final surveyors may be different or same person, depending upon the insurance company. Many times a junior surveyor is assigned a preliminary / spot survey while a senior surveyor is assigned the final survey. So, the bike should not have been dismantled or the wiring should not have been removed before the arrival of surveyor. 4. I read in your post that the technician said that there are no signs of rat bite. So under what peril or clause are you claiming the loss? of course Accidental exteranal means damage is covered (such as rat bite damage) is covered and the surveyors are pretty conversant with the nature of damage to the wire due to rat bite. I mean they can see the wire and conclude if the wire is damaged due to rat bite or not. So, what was the evidence submitted to the surveyor that the wire damage was indeed a rat bite damage? Not that it helps much, but atleast you have a point in your claim. Quote:
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Again, if the bike is opened, the insurance company can reject the claim on the spot. There's nothing much that can be done here. Quote:
They are not fighting. Both know there is no claim and for the very reason that it is a deadlock, the insurance company does not entertain any claim where external impact damage is not there. Quote:
1. Delay in filing the claim 2. Opening the bike before surveyor could inspect the damage or opening in the presence of surveyor 3. No external impact damage 4. The technician says " No rat bite damage" So under which peril /clause the claim will be lodged 5. indicator damage. Two different incidences cannot be clubbed into one. 6. The onus of proof is on you and not the insurance company. You have to prove, how and why the claim should be accepted and the insurance company is liable to make good your loss Quote:
Having said that, I want to ask you, please elaborate on what basis, which insured peril or how do you claim that the insurance company has a liability in this matter? I would like to understand and know your POV. Last edited by ashkamath : 17th May 2024 at 13:27. Reason: Spelling correction | |||||||
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans Slightly off topic. Just yesterday I saw a video of a mechanic fitting Dominar's starter motor in Duke. He used Domi's starter motor because both Domi's and Duke's starter motor are exactly the same, but the price difference is insane. The Bajaj branded one costs just ₹2.5k, while the exact same part under KTM branding costs ₹8K! Looting customers using 'brand value' is even worse in case of TVS-BMW. All TVS-BMW bikes viz. RR310, RTR310, G310R, G310RR and GS310 are made on the same assembly line. All these bikes have the same part vendors, suppliers. All of them share the same engine, engine tune and chassis. Damanding 2-3x more money for parts using 'BMW' branding should not be acceptable. Last edited by RD410 : 17th May 2024 at 13:15. |
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans Quote:
Assuming it is an internal damage, ICICI could say this is not covered in policy terms and hence, the rejection. Assuming the surveyor doubts the authenticity of the mechanics story and it goes against ICICI SOP, the rejection note should reflect this stance in clear letters (essentially, have a paper trail to say this is part of SOP at ICICI). I am worried that any future claim on ICICI would also follow the same route (surveyor being too creative without any SOP). Lastly, this is also the reason why statistics are deemed misleading - 93% honor rate doesnt tell you abput the denominator they have chosen and if IRDA enforces a common baseline. At the same time, the entire conduct of BMW India is why they fail so miserably in India/SE Asia and other markets (outside developed nations). They knowingly are a partner in crime: 1. Hire dubious vendors for cost cutting, because their market research says only the cheapest sells in India 2. Have super low dealer network, because the pricing is atrocious (despite getting low cost parts, such as this one piece where harness packs up in less than 3Y). Consequently, the dealers also have a virtual monopoly. 3. Dont ever conduct due diligence on field reported issues (letting dealers be the final source of voice in all matters). This also means the vendors have no reason to improve 4. Let the long term sales suffer, but milk the existing customers This virtual monopoly is a known thing in the motorcycle community (ask Bangalore Triumph dealer stories). To all folks advising to try a new BMW dealer, note that everything is visible in CRM systems and they rarely perform RCA afresh. In future, the India BMW LT team would a long presentation to EU board members on failing in India, but cleverly hide that their own deeds at ground level were not positive to begin with. The word-of-mouth feedback spreads in this age and dissuades potential customers. If a MNC cant understand how to retain its existing customers, they surely do not deserve new customers. | |
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans Take the bike back. Take it to a TVS workshop. Get it fixed for some 5-10k. Or if they refuse to work on it, buy the required parts from TVS and take it to a 3rd party garage. This is not an insurance issue and you don't have warranty. Only thing BMW in this bike is the logo and the mirrors, so why bother dealing with BMW's absurd markups? Last edited by Cresterk : 17th May 2024 at 13:49. |
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans Quote:
Being a paid employee of ICICI Lombard, there is always a bias to save the money to the company and hence the CSM wouldn't hesitate to turn down/ repudiate the claim at the slightest / smallest opportunity. This normally does not happen with an independent insurance surveyor as he does not have any prejudice in the matter. The Motor Insurance Policy issued to the vehicle owner forms the basis of the contract and it lays down all the necessary policy wordings, conditions, exclusions etc. The CSM merely follows the policy condition and submits his report to his superiors in the office. Now, the surveyor doubting the authenticity of the mechanic's story can be totally removed if the surveyor is called at the time of opening the bike. With present day tech age, even a whatsapp video call with the insurance company at the time of opening the bike could have helped (provided the insurance company agreed to it). In the absence of the same, it is mechanic's word against the CSM's word. What is lacking is the lack of communication between the Insurer and Insured. The bike owner has not been informed beforehand the process to be followed when there is a claim. The workshop people should have acted quicker as they know these process better. | |
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans If nothing works, it is based on TVS Apache 310. May be check the spare prices of Apache to see if it is any cheaper and get a local mechanic to install it. Long back when my Duke 200 seized and I wanted to get the bike fixed soon, I used NS200 spares and I was back on road with my Duke in a very short time. May be because it is BMW branded it is costing more. |
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans The wires in wiring harness are colour coded. If there is a short and they can point you where the short is, you can yourself find out the root cause of the short. If the wires are cut by rat bite, the wires can be repaired for a nominal amount. Take the matter of repairing the faulty wiring in your hand. It is not very hard to do. You are an engineer after all. Start by asking the following questions 1. What is shorting out? 2. Have they found the short? 3. Is any wire physically damaged? 4. Is there spark when you crank the engine? 5. Is it getting fuel through the injectors? |
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans Quote:
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| Re: 50k bill on my BMW 310R and funny insurance shenanigans Quote:
1. Is the policy wording clear that there can *NOT* be any independent evaluation of the bike (by authorized ASS) without the CSM/Surveyor being present? 2. Has there never been a case where we all visited a mechanic in ASS for any repair (remember: not damage or accidental repairs) and the mechanic opened the bonnet/engine/other parts whatever for cursory visual confirmation? If the answer to Question #2 is yes, then I fail to see the OP being not following due process. To a neutral observer, it seems that OP followed all *generally observed* rules and ICICI is not being honest in rejection and they should stick to some SOP (parts failing unexpectedly or NO mechanic allowed to open parts for visual confirmation). BMW is also failing by advising to use insurance instead of warranty. The case where Surveyor presence is pre-requisite, in my experience, is mostly accidental claims and surveyor wants to assess damage firsthand. BMW has messed this up quite a bit and ICICI is further agonizing the customer. | |
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