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QLD Car Accident Claim Closed by Car Insurance

Discussion in 'Insurance Law Forum' started by SandyJ, 3 June 2015.

  1. SandyJ

    SandyJ Member

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    (2/1/2015) While loading groceries into the rear cargo area of my car (boot of my car - Toyota Rav4), within my designated lined car parking space and in clear visibility of traffic lane, a car crashed into the rear of my car. I was standing there, unable to stop this from happening and had to move out of the way by falling into my car. I was very freighted and shocked at what I had witnessed and how close the crash had come to injuring me.

    The driver in the moving vehicle that crashed into me kept driving and parked her car. I walked over to her sitting in her car. She was writing out her details while admitting to me that she was at fault of the crash and gave me her car insurance and contact details and said her insurance would fix my car, and I had nothing to worry about.

    I gave her my name, phone number, registration plate number and insurer.

    Due to the damage to my car (security and safety - unable to use or lock my cargo door), I contacted my insurer and told them what had happened so I would have a claim number to get it fixed ASAP when the driver's insurer got in contact with mine, etc. Much to my disbelief, my insurer said I was at fault as the traffic law indicates that if I am entering or exciting my vehicle (passenger/driver opened the door) and a vehicle crashes into me, it was looked at as my fault, as I was obstructing traffic.

    I objected to this decision as I was not entering or exciting the vehicle or obstructing the traffic lane. I told them I needed my car fixed urgently and my insurers response was to pay my excess and try to get back from other insurer. So I paid my excess and took my car to smash repairer. I would request my excess to be paid by her insurer (Toyota Insurance) later.

    No one had contacted me by 3/2/2015 so I rang my insurer and was told the claim had been closed. I said "No, I am not at fault and I want my excess paid back to me from her insurer." I asked, "Have you contacted her insurer or the driver?", and was told, "no".

    I reiterated my case and was told to put in a complaint with a statement, a map drawing and photos, all of which I did. I did not hear from them until l contacted them on 26/3/2015, and I was told they had contacted her insurer, but no claim had been presented, so it's assumed she paid for her own repairs outside of her insurance.

    My insurer said they were waiting on her statement of the crash. The most recent contact with my insurer was on the 26/5/2015 when I called them again. My claim had been closed as they had determined again that I was at fault. I am so frustrated that my insurer is using a law that does not depict the offence/accident.

    To date, my claim is now a level 2 (whatever that means) and the Senior Liability Consultant would contact me in the next couple of days. No one has rang me from my insurer to-date.

    Could you please advise if I should contact the driver myself and ask for my excess to be paid to me (but would still mean loosing my no claim bonus with insurer, and accept that I am at fault when, clearly, I am innocent and not the cause of the car accident), or should I pursue reimbursement from my insurer and get them to do their job to recover the money from her (the driver) and/or her insurer?
     
  2. Sophea

    Sophea Well-Known Member

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    I would continue to try to pursue it through your insurer, and if you are unable to resolve your dispute with your insurer, refer the matter to the Financial Ombudsman Service. They can provide a dispute resolution service to assist you to resolve the matter free of charge. If all else fails, then contact the other party directly to try to get your excess paid.
     
  3. SandyJ

    SandyJ Member

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    Thanks Sophea.

    The last conversation I had with them (26/5/15), I was told that my claim had been closed. I was held liable and I lost my NCBonus (discount).....
    Knowing I'm not at fault, I wanted satisfaction and refused to accept their decision and closure of my claim..
    ...... I AM NOT LIABLE, NOT AT FAULT, NOR AM I NEGLIGENT.......rant+

    After being told my case would be referred to a Senior Claims Consultant, and she would be ringing me in the next few days, I was given her name... And, predictably, no phone call to date. (15/6/15)

    I have received a letter from them last week (11/6/15) which was not what I expected. This Letter was written by the assigned case manager that I was supposed to here from weeks ago and dated the same day (26/5/15) of the conversation. I just spoke with my insurer again today(15/6/15).....

    Any whoot... Got referred again today.... Should hear from another case consultant, but he gets up to 15 days to respond to my objection and refusal to accept others' negligence and incompetence.

    I'll keep you posted.

    Thanks for your interest.
     

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