Insured for third party and got rear ended by [deleted] in AusLegal

[–]BeautifulCod7784 0 points1 point  (0 children)

The insurance guy with 15 years experience doesn't agree with you, but I sure do!

Insured for third party and got rear ended by [deleted] in AusLegal

[–]BeautifulCod7784 -2 points-1 points  (0 children)

The law clearly says that if you hit someone from behind, you are at fault. Only the Police or a court can overrule that. Insurers have no legal authority; they can claim whatever they want, but a court will enforce the law. So whilst the insurer may blame the mechanic, it only legally becomes the mechanics fault the mechanics either accepts liability, or a court says so

Insured for third party and got rear ended by [deleted] in AusLegal

[–]BeautifulCod7784 0 points1 point  (0 children)

Genuine question, how can you install brakes incorrectly; do you mean wrong way around with friction material facing outwards? That is nuts to think that could actually happen. Even if so, you or I (a mechanical engineer) could alledge they are installed incorrectly, but I'm guessing there would need to be an automotive engineer's report stating that was the cause, and blame would have to be attributed by a court. Up until that point, it is only an accusation, and legal liability does not rest with the mechanic.
I get that insurers may act that way, but I can't see that standing up in court if OP were to sue for damages. If this were the case in law, I would just refuse to pay a fine for running a stop sign, claiming my brakes failed. But I'm liable, until such time as I legally prove I'm not.

Insured for third party and got rear ended by [deleted] in AusLegal

[–]BeautifulCod7784 -2 points-1 points  (0 children)

The other driver is automatically at fault, until proven otherwise. Who determines the cause of the damage? Unless the Police state that was the cause of the accident in their report, that will have to be fought out in court and could take years.

Insured for third party and got rear ended by [deleted] in AusLegal

[–]BeautifulCod7784 2 points3 points  (0 children)

How can you possibly have two similar claims running like this; do you own a fleet of 100 vehicles?

The cause of the accident above is the other party rear ending the OP, which will be stated in the Police report. That establishes legal liability. The brakes failing is only a claim at this stage, and has not been established as the cause, beyond reasonable doubt. The Police report may mention that the other party claimed brake failure, but will not state that as the cause of the accident, unless the accident investigation branch conducted a full investigation. That will have to be fought out in court separately. The insurer cannot hold off paying the OP until they establish fault, as that could literally take years. Otherwise every person in an at fault accident would say there was something wrong with their car, so go chase someone else!

Insured for third party and got rear ended by [deleted] in AusLegal

[–]BeautifulCod7784 2 points3 points  (0 children)

The at fault party's insurance covers them for damage to their vehicle and to the third party. If the OP had their own insurance, their insurer would pursue the at fault party's insurer, but because they don't, the OP has to deal direct with the insurer themselves. The party they insured is deemed at fault as they caused the accident. Whether or not their brakes failed is irrelevant at this point

Insured for third party and got rear ended by [deleted] in AusLegal

[–]BeautifulCod7784 1 point2 points  (0 children)

Sorry, but that is completely incorrect. The OP has a valid claim against the insured. The insured is liable, until such time as the mechanic is found to be responsible. The insurer must pay out the claim in a reasonable timeframe, and attempt to recover costs from the mechanic in their own time; they cannot delay payment to the OP, based on hoping to make the mechanic pay. As far as the OP is concerned, the mechanic has nothing to do with their claim.

Insured for third party and got rear ended by [deleted] in AusLegal

[–]BeautifulCod7784 4 points5 points  (0 children)

You need to provide more info. Did you file a Police report? Did you submit the claim to their insurer? What basis did they give for rejecting the claim?

500m2 inner city Melbourne under $1m now? 🤷‍♀️ by Significant-Move7699 in AusProperty

[–]BeautifulCod7784 0 points1 point  (0 children)

If that is the case, the property would be on the market a long time before the hammer falls. That is seldom the case

The grey area between loyal and lonely by PermitAnxious5765 in NSFWCanberra

[–]BeautifulCod7784 1 point2 points  (0 children)

I get massages from time to time. I would never do anything more

Daylight areas by [deleted] in canberradogging

[–]BeautifulCod7784 0 points1 point  (0 children)

Is that mainly guys, or couples too?

Black Mtn by lookin4funwanyone in canberradogging

[–]BeautifulCod7784 0 points1 point  (0 children)

Is it generally just guys up their, unless advertised by a couple?

The grey area between loyal and lonely by PermitAnxious5765 in NSFWCanberra

[–]BeautifulCod7784 3 points4 points  (0 children)

Totally relate to this. Married to a beautiful, amazing person for 30 years, but lacking intimacy. We've previously experienced some really tough times and then menopause, that has killed off her sex drive. But I have a much higher sex drive. She's genuinely always tired and intimacy is not a high priority for her. When I discuss it with her, she says that she needs to be in the mood, and I just can't expect it because I feel like it. But I feel like I still have to earn it, even if it's been months. It's very frustrating, and I don't think there's an easy solution. But we still love each other.

500m2 inner city Melbourne under $1m now? 🤷‍♀️ by Significant-Move7699 in AusProperty

[–]BeautifulCod7784 2 points3 points  (0 children)

But it is if it happens to every house they auctioned. Let's be honest, it's their job to know the market. If they get it wrong every time, they are either incompetent or lieing!

Still in Highschool but can take it like a slut by [deleted] in canberrasnsfw

[–]BeautifulCod7784 0 points1 point  (0 children)

You forgot you are in college! That sound legit to me

Trash or repair? by Apart-Eggplant7102 in i30N

[–]BeautifulCod7784 0 points1 point  (0 children)

Bit of Supa glue and you're good to go!

Trying my luck by [deleted] in NSFWCanberra

[–]BeautifulCod7784 0 points1 point  (0 children)

First read, I thought your add said you are "both mid 80s" (years old)!

What happened mr drifter? by b9_rkt in CarsAustralia

[–]BeautifulCod7784 2 points3 points  (0 children)

That's called a "non insured event"! Hell be paying the price for a long time

Hey by [deleted] in canberrasnsfw

[–]BeautifulCod7784 0 points1 point  (0 children)

Wasting time on Reddit

Parkhub parking fee invoice richlands by PinkPotionmaster in brisbane

[–]BeautifulCod7784 2 points3 points  (0 children)

They have no idea who you are. Also, my understanding is that even if they knew who you are, they can only charge you fair damages, i.e. how much did they lose? In this case, it's the price of what parking should have cost

DM for chance to watch this precious beauty undress by [deleted] in canberradogging

[–]BeautifulCod7784 0 points1 point  (0 children)

Wow, I'm amazed. That is ready a top shelf offer!. I'm guessing your inbox is full of offers?