WA Can I Claim Costs from RAC?

[Billy Li]

Hi, I have involved in a car accident where the 3rd party is at fault and my car of the approx market value of $6000 is likely to be a total lose.

I took a taxi $40 back home and paid for mine and my Dad's doctor's consultation fee $90 each. I am on full car insurance and the 3rd party is on RAC, also fully covered.

My insurance company only agreed to have us chase the agreed value of $4400 on our policy not any other costs. I would like to know if I could claim the 3rd party's RAC, directly bypassing my own insurance to get all my cost recovered?

If so, what will I need to do and how long would that take usually?

Thanks

 

[Sophea]

Generally, whoever is at fault in the accident is liable to pay for all the damage - both their car and yours. However, you may need to seek legal advice as to who was at fault if this is not clear.

If the other driver is at fault, start by sending a letter of demand to them or their insurance company. You can download the following examples of standard letters of demand to help you draft your own letter to send to the other party when making a claim when the other person is either insured or not insured. You can find samples of letters of demand here:

http://www.legalaid.wa.gov.au/Infor...cuments/Sample letter other party insured.pdf
http://www.legalaid.wa.gov.au/Infor...uments/Sample letter to insurance company.pdf

If the other party refuses to pay, then you can go to court. If what you are claiming is less than $10,000 it can be started as a minor case in the Magistrates Court.