VIC Car Accident - Car Insurance Making Unbelievable Claims

[Adelle Anderson]

I was in a minor car accident whereby I was liable and uninsured. Their car insurance company sent me documentation of damages and costs which were exorbitant and unbelievable. They are claiming damages for parts of their car that were not even damaged. I have photos proving this. I was prepared to pay for actual damages but they are clearly taking advantage. How should I respond to their demands considering I have proof of their lies?
Thanks

 

[Sarah J]

Hi Adelle,

Is there a police report/statement made at the scene, or after, the accident? If so, you may request a copy and this should be able to better support your claims.

Unfortunately, there is no easy way to resolve disputed claims for damages where you believe the damages are exorbitant or incorrect. You may refuse to pay the full amount or any amount of the claim. In this case, the other party may seek to recover the damages in court (most likely the Civil Claims list of the Victorian Civil and Administrative Tribunal "VCAT"). If this happens, I would recommend speaking with a legal representative and/or Legal Aid.

To avoid court, it may be best to try and negotiate a settlement agreement beforehand. Try speaking with the other party. If you need assistance in dispute resolution, you can try the Dispute Settlement Centre of Victoria. They are a free, voluntary service that offers alternative dispute resolution guidance.

Keep all correspondences related to this dispute in writing, or subsequently recorded in writing, and as much tangible evidence to support your claim as possible. Have records that are as detailed as possible (dates, parties, times, contents).