NSW 4 months after an accident and still no reply from QBE.

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14 August 2017
3
0
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Hello,
This is the first time am posting something on this website as I have never been in such a mess.

Few months back exactly on 8th Of April, 2017 I was driving home from work on a very busy road around bexley, stoney creak road. I was driving in a slow pace as there was a huge traffic in front of me. Even though the lights were green the cars in front of me wont move due to rush hour that's around 6.10 P.M. I hear tires screeching sound from behind and the next second someone hits my car with a terrible force. For a second I couldn't understand but later I moved my car on a footpath, parked it and put on the hazard light.

Came out of the car and see that a blue Mazda hit me and my booth, the skirting below and the tow bar which impacted the chasing. I could also see that the Mazda was initially hit by a black Mercedes sedan which was driven by a girl.

Both the car drivers were in shock but the girl in the Mercedes was more in shock so i asked her if she was fine and other stuff. The mazda guy was also fine with his girlfriend.

After this I took some snaps of both the cars and the license of both the drivers. The mazda guy asked me for my nsw license which I dont have as am an international student. I explained this to him and provided him my passport which he took a snap of it and we shared our contact details with each other. Next I reached the girl to ask her details about her insurance provider and license. The girl was still in shock so i didnt want to bother her my asking her about the insurance provider and license but i had too cause as far as i know it better to get as much information as possible at the time of accident as its gonna be useful for the insurance guys to deal with it later.


So when asked she handed me over her license and I handed my passport which I explained her. I asked her for her insurance provider and she said that my father deals with everything and I dont know whose the insurance provider of this car. So i was ok and we exchanged the information and contact details and i left from the scene and so did others.


The next day i call her to get the details of the insurance provider and again she told that i dont know about it as my father deals with it. So i asked her that Ill give you a call back in an hour to get the details of the insurance provider and she was ok with it.


After an hour i give her a call and she picks up the call and hands it over to some person who i dont know but he was well mannered and polite to speak and he told me that by tomorrow morning he will give all the details to me so that i can speak with my insurance provider about it. This thing is completely new to me as i have never been in this situation and so i told this guy and he was like no problem you can inform your insurance guys once i update you. So here the conversation ends and we both hang up on the understanding that he will give me a call back tomorrow.


But withing half an hour I get a call from her father who was very rude from the start. He is shouting on the phone like crazy and telling me to stop calling my daughter as this accident was my mistake. I said excuse me what do you mean by that. I am not at fault here. He threatens me with police and says that when you dont have a license you are not allowed to drive here in sydney. Go back to your country and drive there. And as you were driving without a license you are liable for both the cars accidents and you are gonna pay for it. I made him understand the rules and i was legally allowed to drive on NSW roads with an international license when you are a full time student and the car is registered under your name. But this guys starts bad mouthing me and says I already spoke with the cops and you are telling a lie. I told him if its that so I would like to meet the cop tomorrow at my work place bring the cop with you and lets see who is speaking false and then he disconnects the phone.


After this I speak to my insurance and provide all the details with the license number of both the drivers, email them the snap shots of the cars front and rear and the license snaps of both the drivers. I am with Coles third party which is as good as nothing tell me that we will be in follow up.


After this I call the Mazda guy and to my surprise he isn’t responding to any of my calls. I try to speak with him for the whole day but this guy disconnects the phone.


So my insurance guys go dry and the mazda guy won’t respond so I though its done and I have to bare the cost of the repair and other stuff. A month goes by and I get a call from COMMINSURANCE. After speaking with them I came to know that this was the insurance company of the Mazda and later when I enquired I got to know that the Mercedes insurance provider is a QBE and I also got the Claim number of both the parties. That was a relief to me.


So I called up the QBE insurance and tell the whole scenario and how it happened. So they were ok and told me that we will be looking into that and I think OK something positive here.


Some days later I get a call from QBE and they say that they need to access the cars accident and the rate to fix it and they provide me with some smash car repairs which were located very far from me so I suggested them that there is a smash repair near my house and they where ok with it.


The next day I took my car to the CTM SMASH REPAIRS where in I told him that they need to take a quote and send it in to the QBE. He takes a day and he sends a quote in a week to the QBE.


The next week goes and I give a call to the QBE where they say that we will send an accessor to examine the car and check it up so I was ok and 2 days later I get a call from another agency which was related to the accessor and they were calling in to make an appointment to meet me and to inspect the car. We came to an agreement on a day and so this guy come it on the mentioned day and time.


See the car and straight away says that its gonna take $4700 to repair your car as you quoted us through the CTM SMASH REPAIRS. Will you accept $5100 for this and I’ll write off your car. I didn’t know what to do and like a dumb person I accept the first quote and he gave me a sticker of STATUTORY WRITE OFF and told me that soon the QBE will contact you with the details. This all happened as on 16th May.

I didn’t receive any call from the QBE so I called them up and they say its being processed and we will call you later on. On 21st May I get a message on my mobile saying that the claim number ……. With …… was finalized at $5093 with salvage of $320.. So Ok I thought it was processed.


I give a call to the QBE provide all the car details, my bank account details, my passport details etc etc.


I called them on weekly bases for almost a month and they still say that its still under process and if any we will give you a call back but nothing. Days go by, weeks go by but nothing. So here I am left dry hanged as I cant drive the car as there was a sticker of WRITE OFF and nor buy a new car as I didn’t have any money. So I spoke with QBE for an arrangement of the rental car where they said that we cant arrange anything for you as the claim has not yet been accepted.


On 8th or 10th of June I get a call from the Pulse Investigation and he says that he wanted to speak with me regarding the accident. I asked him whats this about and this guy says that I have been appointed by the QBE to investigate this claim. So I was OK and he wanted to meet me in order to hear my side of story about the accident. So that’s 2 months after the accident.


We decide a day and time and this guy comes to my room to investigate me ON RECORD. He grills me like I killed someone and twists the questions and repeatedly asks it again and again so that Ill make some mistake and he will catch me there and kick me out of this claim. I know that the part of the investigator and that’s how it works.


On record I showed him the snaps of that day and I also showed him the dashcam VIDEO. He was convinced with the video and the 45 min long grilling came to an end. He asked me to sign some paperwork’s in order to distribute the recording copy to the COMMINSURANCE. The investigator also needed my call records of the past 5 days before the accident and 5 days after the accident. Which I agreed to provide him with.


Later that day I spoke with my telephone provider and they were ready to provide me with the call detail history for the requested dates at a nominal price. Which I paid and as soon as I received the email with the call history I forwarded it to the investigator. The investigator acknowledged it.


A week later I give a follow up call to the QBE and I am told that we haven’t heard anything from the investigation team and the investigation is still going on. So days go by, week go by but nothing.


Till today thats after 4 months and 7 days am calling these guys for an update but nothing. Whenever I call them I always receive the same response. Its like speaking to a robot. I am dead tired with these QBE. I work hard just for my ends to meet and pay the uni fees. I bought a car on loan bases from my friends and am repaying them and its becoming very hard now.


A week back I receive a letter from the RTA for the renewal of my cars rego as its gonna expire in 21 days.


I really am out of option. What should I Do now as I am stuffed and stuck in this vicious loop.


If anyone knows anything or can guide me in any way please do that.


And sorry for this long story as it’s the only way to explain what has happened with me in detail.
 
Last edited by a moderator:

GC.

Well-Known Member
26 October 2015
39
3
124
I'm not a lawyer, so this is not legal advice, but based on my experiences...

OK, so you were stationary in traffic and unable to move because there was another vehicle in front of you, and got rear ended, and have dashcam footage of the incident. If that's all correct, then great, it sounds as if it's very obviously not your fault. Just don't lose that dashcam footage (give a couple of friends a copy each for safekeeping!)

Third party insurance only covers if you damage someone else's car, it does not cover your own car (as you seem to have found out).

Regarding your license, you *are* legally required to carry it while driving in NSW, but are *not* required to show your license to other drivers after an accident. By law you must tell the other drivers your name and address, and the name and address of the owner of your car, but they have no right to demand to see your license. I don't believe that this will impact your claim at all.

Regarding your claim, you have a claim against the at-fault driver and not their insurance company (their insurance company is acting on their behalf). You should send a letter of demand to the other driver, and send a copy to their insurance company (with a cover letter saying you have sent it to their client and quoting the claim reference number). There are plenty of websites with example letters of demand if you google for it (find one that is Australian / NSW specific). Since there may be arguments between the drivers behind you as to who was at fault, I would send the letters to *both* drivers and *both* insurance companies. You should also work out what you think your car is worth (market value of a similar replacement car) and demand that they pay that amount. I don't know if you have signed any agreement saying that the value was $5100, but even if you have I would still ask for more at this stage (if you think it is worth more). If you don't get a response, then send a second letter (again, there are websites around on how to demand payment for accidents), and if that doesn't yield results then maybe you need to get your own lawyer to start court action (or send more letters).

When you are paid out, make sure you get a letter from the insurer for the RMS saying that the car was written off, and the date of the accident. You will need to take the letter to the RMS and they will refund your rego from the accident date. The RMS will then give you a letter for your CTP insurer, who will refund the CTP from that date. These refunds will be deducted from your insurance payout, so if you don't get the letter then you will lose this money.
 
14 August 2017
3
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1
Thanks for the detailed reply mate.
Regarding the sending the letter of demand to both the drivers. Is it fine if I send it now as it's already been more than 4 months and if I send now then I suppose I will be taking a back foot with the process as the insurance company has already investigated me and on record they took all the info from me including the tape and front dash cam video.

I don't remember signing of any agreement with the accessor. Plus with the quote am ok with it coz after this long wait am I just frustrated and ready to take whatever was finalised as if I do renegotiation then it will be a big mess again.

I too am thinking to go with the lawyer as it's been long. But I suppose I need to shell out good amount of money just to start the process and give time to it. Then I think is it worth this all hassle for something like 5k worth of money.

One more doubt is that my car has been dead since 4 months and it's rego is gonna expire next month on 4th of September. So here once my rego expire my car is uselessly parked on the road and the ranger would fine me for the removal of it. So what should I do now?

If I sell it and later the car insurance guys write it off then there will be a problem to the new owner of the car. If I don't register it I'll get fined by the rangers for roadside parking an unregistered car.
 

Matthew Karakoulakis

Well-Known Member
27 October 2016
69
13
224
Hi Shreesh,

From your facts, it appears that that the insurance company is acting unreasonable and is attempting to delay or possibly decline your claim. Many insurance companies frequently delay claims, knowing that number of policyholders will simply stop chasing the claim. However, it is not only unethical but also illegal for an insurer to delay the claim unnecessarily. Further, an insurer becomes liable to pay interest for withholding claim payment unreasonably as provided for in section 57 of the Insurance Contracts Act 1984.

We have strong experience in dealing with large insurance companies. We can review your documents and develop a strategy to make sure the insurer pays up.

Please feel free to contact us by clicking on the link below or alternatively if you like you can send an email to [email protected] to arrange a time to discuss your situation.
 
14 August 2017
3
0
1
Hi Shreesh,

From your facts, it appears that that the insurance company is acting unreasonable and is attempting to delay or possibly decline your claim. Many insurance companies frequently delay claims, knowing that number of policyholders will simply stop chasing the claim. However, it is not only unethical but also illegal for an insurer to delay the claim unnecessarily. Further, an insurer becomes liable to pay interest for withholding claim payment unreasonably as provided for in section 57 of the Insurance Contracts Act 1984.

We have strong experience in dealing with large insurance companies. We can review your documents and develop a strategy to make sure the insurer pays up.

Please feel free to contact us by clicking on the link below or alternatively if you like you can send an email to [email protected] to arrange a time to discuss your situation.
Hi
Thanks for replying that.
Yaa sure I can speak with you about it.
I just sent you an email but I suppose you are located at Brisbane and not in Sydney. If You know any lawyer who can help me out in this situation, I will speak with him.

Thanks again