LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Car Accident and Car Insurance - Motor Accident Compensation Lawyer Needed?

Discussion in 'Insurance Law Forum' started by brian, 1 May 2014.

  1. brian

    brian Member

    Joined:
    1 May 2014
    Messages:
    1
    Likes Received:
    0
    Hi. I had a car accident and contacted my insurer and they told me to take my car to their inspection centre, which I did. I collected my car at closing time and thought nothing more of it. I then received a call from the car insurance company implying that the car accident appeared to be all my fault. I said it certainly was not, as I was going the correct speed and the taxi was speeding. They said again that I had contributed towards the accident, but would not say what I had done to contribute towards the accident. Anyway, they have denied my claim.

    I need to know what are my rights and I need to see a lawyer. A friend of mine who works in a smash repair shop says that they may have accessed the car's onboard computer which has a memory that remembers everything that the car does such as speed and braking. I may have been speeding a bit, but I really am not sure. Is this "black box" theory correct, and if so, what are my rights in a privacy situation? Are they allowed to connect to the car computer without my approval? I will need a lawyer on this one, but need a bit of advice about my rights with the insurance company, whether I was speeding or not and also about this car computer matter also. What sort of lawyer do I need?
     
  2. logan

    logan Active Member

    Joined:
    1 May 2014
    Messages:
    8
    Likes Received:
    1
    well i know computers but a car hard drive is a bit out of my league but if it is your property then i would think that they should of made u sign a waivers form to access the hard drive as i know that if the police are to seize a computer for what ever reason they have to get a warrant to come in and seize it to access your hard drive so i can see your concern i am sorry i cant answer it for you but you are on to something there i would say. but it wouldn't have any ties to the insurance company it would be the body shop and if it was a breach of you rights privacy wise you can ring the privacy commissioner and they will investigate and they can fine a company alot especially big businesses over 1 million for breach of privacy and they can order the business to pay the victim a certain amount which depends on situation.
     
  3. John R

    John R Well-Known Member

    Joined:
    14 April 2014
    Messages:
    637
    Likes Received:
    165
    Hi Brian,
    Generally car insurance policies allows the insurer to, among other things, access any information reasonably required to ascertain the facts surrounding the accident. This includes any on-board computer data (e.g. GPS, speed, etc.) and information from third-parties, including your mobile phone provider. Insurers increasingly investigate accidents to mitigate the risk of "claim farming" - http://www.heraldsun.com.au/news/la...rabbing-the-cash/story-fni0fee2-1226762102842.

    Your insurance policy should have a section in relation to "Dispute Resolution". This section contains the process that must be followed when you disagree with the insurer's initial assessment of your claim under the policy.

    Please keep us updated as to your progress.
     
    logan likes this.
  4. rebeccag

    rebeccag Well-Known Member

    Joined:
    8 April 2014
    Messages:
    147
    Likes Received:
    34
    Also - the sort of lawyer you would need is a motor accident compensation lawyer - who should have experience in dealing with car accident insurance claims and disputes.
     
    logan likes this.

Share This Page

Loading...