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NSW Car Accident - Comprehensive Car Insurance but Received Statement of Claim

Discussion in 'Insurance Law Forum' started by greg288, 1 June 2015.

  1. greg288

    greg288 Member

    1 June 2015
    Likes Received:
    Hi everyone, I would really appreciate any help on this matter as this is my first car accident and its quite stressful!

    I'll give the run down:
    Back in February I smashed into the back of a car on a highway exit, they other party was unharmed but there was a bit of damage to their car (not mine). We exchanged details and drove off on our separate ways.

    I am comprehensively insured and so I opened a claim with my insurer and paid the excess amount. Once I received a reference number I forwarded it on to the other party and told them to use this number as a reference for your claim to the car insurance company and to contact them if they do not hear anything.

    A week or two later I received an email from the other party asking to confirm what happened that day, the location ect and also to confirm I was at fault. I felt this was a little odd at the time and did not respond immediately, they sent me another email a week later chasing this up, there reason being "in case the insurance company messes me around". I responded to the email confirming what happened and left it there.

    Now a couple of months have passed thinking it had all been resolved by the insurer, and I just recently received a Statement of Claim from the other party for the full amount of damages to their car. I contacted the insurance company who told me they were not contacted by the other party and that they are still waiting for their 'demands' on this claim.

    I have since forwarded the statement of claim to the insurance company and they are looking at it now.
    I am concerned that because the statement of claim is holding me personally responsible the insurance company will brush it off leaving me with the entire payment. I have been given 25 days to respond to the statement of claim and I am not sure what to do about that either. Is this a normal practice for car accidents in NSW and is there anything I can do to protect myself?

    Thanks for your time.
  2. Sophea

    Sophea Guest

    Hi greg288,

    Normally if you are covered by your insurer, their lawyers will attend to defending the claim on your behalf. I would however double check with them that they are indemnifying you for the claim and that they are actioning the claim.

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