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NSW Accident Damaged Car - Who is Liable?

Discussion in 'Insurance Law Forum' started by Suz27, 8 September 2017.

  1. Suz27

    Suz27 Member

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    Hi,

    Someone brought a secondhand fridge from me. When they came to pick it up, they didn't offer to help load it into their car. The fridge was on a trolley & a gust of wind blew, the fridge door swung open & hit the buyer's car.

    I offered to do the right thing & pay for the damage but they gave me a ridiculous quote so I declined. I have come home to a letter from their insurer. It's unclear if it's a car insurance or home insurance saying I'm liable but they are trying to determine the damage & if I'm covered by insurance, give them the details...

    I can't claim this under car insurance, as it wasn't a car accident, nor can I claim under home insurance as the event didn't happen at my residence (was selling from a deceased estate)...

    Am I liable for the damage & if so, can I claim through any insurance? Really it was an 'act of god'...

    Thanks for your help
     
  2. Rod

    Rod Well-Known Member

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    Hmm, tricky. There's an argument they'd already bought the fridge and you were now merely acting as their agent in loading it into their car. Then it gets down to whether you were negligent in some way.

    Reckon you either offer to pay half the repair bill after it is repaired, or let them deal with it and take you to court.
     
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  3. Zerojay

    Zerojay Active Member

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    If you have home contents insurance, most policies include legal liability cover that is Australia-wide.

    I am like Rod and can't give legal advice but have worked many years in general insurance.
     
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