NSW Car accident with Truck

[Sanjeev Kumar]

I (car) had an accident with a Truck where my car was written off and there were very little damages to the Truck. I was uninsured. The weather was extremely bad, hailing and raining at the same time. It was happened on the highway with 2 lanes. I was driving really slow, according to the suitable weather conditions and the visibility. I was in left lane and was trying to merge into right lane as I thought it wasn't safe enough to drive in left lane. The truck seems to be driving not according to the weather conditions. The insurance company of the truck is considering me to be at fault and claiming for their damages which are nearly $42000. They have supplied a video footage from the truck's dashcam (I have attached to this post). They have sent me a letter of demand and said if I didn't pay the money, they will take me to court. I have also attached the photos of Truck damages. I want to know few things.

I am not sure if I am at fault
The money that they are claiming looks to be too much for those
damages

 

[jackaustin]

You're likely not fully at fault, and $42,000 sounds inflated for minor truck damage. Get a lawyer immediately like Cockayne Law, don't ignore the letter, don't admit fault, and request an itemized breakdown of their $42,000 claim.

 

[Nikolambo]

From what you’ve described, I wouldn’t automatically accept the insurer’s position that you are entirely at fault. The weather, visibility, your speed, the truck driver’s behaviour and the exact timing of the lane change could all be relevant. The dashcam footage may be particularly important, so I’d keep copies of that, the photographs, correspondence and any other evidence before responding to the demand.

I’d also ask the insurer for a detailed breakdown of the $42,000 rather than assuming the amount accurately reflects the damage shown. When dealing with unfamiliar services online, I apply the same principle of checking the details carefully; for example, even with entertainment sites such as Betzino French, I’d verify the terms and conditions rather than relying on appearances.

Given the amount being claimed and the possibility of court proceedings, getting advice from an NSW solicitor or community legal service before admitting liability or agreeing to payment would be sensible.