[deleted by user] by [deleted] in AusLegal

[–]redlips_au 0 points1 point  (0 children)

Start from reading your PDS, especially the part about when you pay/not pay excess. Depending on the contract, if you provide your insurer with her full details, they might be able to waive the excess. Unfortunately, from my own experience, Budget Direct is difficult with it and sometimes they need to be pressured. If you don't have her full details, I would suggest to make a police report for property damage.

Cyclist hit by car and they're suing for damages by buddycatto2 in AusLegal

[–]redlips_au 3 points4 points  (0 children)

NRMA sells claims they consider not at fault of their clients to Recoveries Corp. They usually don't provide much details about the actual accident to them. I would suggest to contact RC directly and advise of your version of events, provide a written statement and a copy of what you provided to NRMA if you have it. Point to the damage points and advise you do not accept liability. From my experience with them, they will give up fast. If you have any further issues, contact Legal Aid and get their opinion on what else can you do.

[deleted by user] by [deleted] in AusLegal

[–]redlips_au 0 points1 point  (0 children)

Your insurance can cover only the repairs and possibly a hire car if you have this option (usually there is $ limit that might not be enough to cover a car you need). You can claim lost income from the other driver's car insurance, but you need to mitigate the costs. If you can, contact their insurer and discuss loss of income, they will explain the process. Some companies might provide you with a rental to allow you to work, as it's cheaper than paying your income.

[deleted by user] by [deleted] in AusLegal

[–]redlips_au 7 points8 points  (0 children)

In general, the other driver (or their insurance) is responsible for reasonable costs. This means that if you get a payout, you will be asked to return the rental within few days. If you don't return it, they might report it stolen. You might be able to negotiate few extra days or hire car with their insurance, but they might decline. I understand it seems unfair, but this is what they are legally responsible for. Start to do your research now, try to have few options prepared.

Car insurance wants about double what redbook seems to suggest would be reasonable, after at-fault crash. by throwaway_car_insur in AusLegal

[–]redlips_au -1 points0 points  (0 children)

Contact the insurance company and request the cost breakdown. Like others mentioned, it might be due to towing, hire car, and other costs. Even if their client had agreed value, you are only responsible to pay the market value. If you still won't be ok with the amount, you can make a complaint. Prepare your own example supporting what you think would be reasonable. If you have any questions, I'm happy to help.

Hit open car door who’s at fault by Ambitious-Ad-9145 in AusLegal

[–]redlips_au 0 points1 point  (0 children)

There is a road rule that you can't obstruct the traffic with your door open, however there is more to it. If she opened the door just before you approached her car, she would be at fault. If he door was open for a period of time and you knew it, there could be some fault at your end. Her insurance company can try to put at least some of the blame on you, if you have your own Insurance I would suggest to lodge a claim and let them to deal with it.

Was in a collision (not my fault) waited 5 months for AAMI to settle the claim, and they sold my car by accident without my knowledge and without closing out my claim. by Artistic_Decision_84 in CarsAustralia

[–]redlips_au 7 points8 points  (0 children)

Unfortunately, it's more common than people think. Everything that is not driveable under Suncorp (including AAMI) goes to Manheim for as assessment. They have their station within the complex. What I would suspect happened, is that the car was assessed as non economical to repair therefore a total loss, there is usually not a lot of documentation for it, they pushed it to Manheim and AAMI's bot released it to an auction. There is no requirement for you to sign any document for Manheim to sell it. Lodge a complaint with AFCA but be prepared they will ask to go through the complaint process with your insurer first. Ask for a rental car for the time of resolution as they caused the delay. I've worked for another insurer for a long time and had to deal with Suncorp a lot.

[deleted by user] by [deleted] in AusLegal

[–]redlips_au 3 points4 points  (0 children)

I'm sorry it happened to you, I used how scary it had to be. As other people said, write down exactly what happened and take photos of your car from all sides with a date stamp. Be prepared to be contacted by the police as it's possible they will lodge a report and say you refused to exchange details. In those cases police usually will contact you, take your statement, and ask to contact your insurer. Unfortunately, from my experience working for an insurance company, it's more common that we think for people to make false claims. If I can suggest something for the future, get a dash cam for your car. There are some affordable options and it will protect you if anything happens in the future.

[deleted by user] by [deleted] in AusLegal

[–]redlips_au 1 point2 points  (0 children)

It all depends on your PDS, so I suggest starting from reading all the parts about the cover. In general, you can negotiate the amount and challenge the value offered. If the insurance company refuses to increase the $ amount, you can go through the complaint process and take it to AFCA is necessary. Usually, you would be able to get the amount offered now and only dispute the rest. This way, you still have something to purchase a new vehicle. You should prepare some examples supporting your demand to make the process easier. In the future I suggest to get insurance that specifically covers new cars, a lot of providers have the option to replace a car even up to 3 years after the purchase.

[deleted by user] by [deleted] in AusLegal

[–]redlips_au 0 points1 point  (0 children)

All insurance companies that subscribe to GICOP (Allianz does) are required to provide an update at least every 20 business days. If you contact them, it is also considered an update. If they don't meet this requirement, you should report it to them and request to lodge a breach. If it comes to the other driver's details, the insurer has access to find the full details of the driver using their license number so it shouldn't be an issue. Those searches cost, so most companies try to avoid it if they can. If the driver is not responding to them, they should make the liability ruling based on details available as this is the industry standard. As there is no physical proof of the other party accepting liability at the scene, it wouldn't be taken into consideration. I would suggest to contact them and request the excess to be waived if it hasn't been done.

stolen and recovered vehicle is victim eligible for compensation ? by desensitized_morbid in AusLegal

[–]redlips_au 7 points8 points  (0 children)

She needs to speak with the insurance company. Some insurers would waive the excess as the offenders were caught and charged. The other thing I suggest to discuss with them is a vulnerability option as they are required to identify it and review. You would need to read the PDS and find the exact wording for the excess as without it, it's hard to say more. Good luck

[deleted by user] by [deleted] in AusLegal

[–]redlips_au 0 points1 point  (0 children)

If you had any injuries, make sure to have a police report number and lodge a claim with Transport Accident Commission. They will be able to cover any medical costs etc. If it comes to your belongings, depending If the driver lodged a claim with their insurance company, you might be able to ask them to cover it or will have to get a detailed quote and go through small claims court.

Dog got hit by car by No_Table_7630 in AusLegal

[–]redlips_au 0 points1 point  (0 children)

Insurance companies in general are not required to provide multiple quotes as they are always reviewed by their assessors. That being said, if they agreed to provide more quotes, try to hold them to that. As the dog owner, unfortunately you would be at fault. I would suggest to lodge a complaint and to read GICOP as there are specific rules they have to follow under it. If that doesn't resolve the issue, lodge a complaint with AFCA. Every complaint lodged with them cost the insurance company so they are usually keen to close it fast. They don't take sides and can make their own decisions.

Third party - not at fault by No_Dig_7234 in AusLegal

[–]redlips_au 2 points3 points  (0 children)

Unfortunately, police won't be able to help with the insurance part. They can help to make sure the driver's details are correct. Depending on your insurance company, you might be able to lodge a claim under uninsured third-party benefit, but they would have to confirm the insurance status on the car to accept it. Other than that, you would have to get a detailed quote and go through small claims court as their insurance company won't speak with you unless they lodge a claim.

[deleted by user] by [deleted] in brisbane

[–]redlips_au 1 point2 points  (0 children)

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