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Car Accident - Lady on Visa No Insurance Crashed into our Home!

Discussion in 'Insurance Law Forum' started by dippa, 2 September 2014.

  1. dippa

    dippa Member

    2 September 2014
    Likes Received:
    A lady that is on a temporary visa and pregnant drove her car into our bedroom! Ripped up our lawn, plants and water main then continued into our front wall and window of our bedroom whilst my husband, daughter and myself were asleep! Narrowly missing our bed that we were all in! She has no car insurance or Victorian drivers licence.

    The police officer said to go through our house insurance. When I spoke to my insurance they said I have to pay the excess ($1000). If they pay up then I will be reimbursed the excess and if they don't, I will be out of pocket the $1000. They also said my lawn and plants are not covered. Also my credit rating will go up regardless even though it's a no fault claim! How can I recover any money lost from her stupidity in causing the car accident?

    She apparently is only being charged with not having a licence. I personally feel that she should be charged with wreckless driving and endangering lives.

    What should I do? And what can I do? Can. I demand money for the excess and garden repairs?
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
    Hi dippa,

    You may think about claiming property damages through VCAT. However, have you spoken with the woman first? Perhaps she is willing to reimburse you and claim responsibility. If this is the case, get this agreement in writing. I would also suggest getting a copy of the police report on the accident and take photos of the damage.

    In relation to your insurer, what does it say in your policy about premiums going up for claiming damage from the fault of a third party, as well as regarding your lawn/garden? If the policy is unclear or if they are not complying with the policy you signed up to, I would suggest giving the Financial Ombudsman Services a call and enquiring about possibly lodging a complaint or what their expectations are for this situation.
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