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QLD Car Accident with Rental Van - Legal?

Discussion in 'Insurance Law Forum' started by FxC, 22 January 2015.

  1. FxC

    FxC Member

    22 January 2015
    Likes Received:
    I recently had a car accident in your great country (I am french) with a van from a company that I will call A. I made a rollover on an unsealed road. As I didn't read the whole contract, I didn't realise that I was out of my contract. The company took immediately $5000. Till now, that sounds normal to me.

    But then I received a mail from this company, that i will call Julie (french name is easier to create for me, sorry :p). This person said that their car insurance told them the vehicle was completely KO, and that they should remove the vehicle from their fleet (but after the accident, the vehicle has been driven out on the road by the police).

    I didn't receive any official paper (no report from the insurance), just a mail asking for $5000 more dollars ... That sounds strange to me. I asked many times for official papers, but didn't get any from Julie. After no answers after a certain time, i have been contacted by a people that i will call Marc. This person (seems to be the manager from Julie), says that they request $20,000 more dollars. Once again, no paper. Surprised by that mail, I copied to Marc a part of the discussion with Julie, about the $5000 dollars. He answered me that this I would have been liable to pay the whole cost of the vehicle, but that Julie found that 5000 more dollars was enough. So he agrees with that amount. But once again, I don't have any official paper.

    Is that really legal in Australia (I don't think it would be in France)?

    I really need your help, because I am a bit lost. Thank you very much in advance for your help.
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
    Hi FxC,

    No, that is not normal. Before paying anything, ask for evidence as to the van's damage (e.g. quotes (plural) from mechanics), ask for an insurance report, make all correspondences in writing. If they make an offer on the phone, email them immediately afterwards to confirm the number. If they are asking for a number you think is acceptable, make sure they sign something in writing that says you will pay them $X and in exchange they agree to waive any and all claims against you, whether at law or otherwise, in relation to the accident on date [date] at [place] between vehicles [vehicle number plate]. Basically, you need an agreement that they will not turn around and ask for more or start the claim against you in any event.

    Also, work out whether you were in fact at fault, or if the other driver was also at fault. Was the police at the scene? If so, did they make a police report? Was there any witnesses who saw the accident? If so, can you speak with them (record conversations down in writing)? Did anyone take any photographs of the incident and wreckage?
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