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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.

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  1. greg288

    greg288 Member

    1 June 2015
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    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 Well-Known Member

    16 April 2014
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    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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