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Car Insurance Claim Rejected - Who Pays?

Discussion in 'Insurance Law Forum' started by Jenster60, 7 October 2014.

  1. Jenster60

    Jenster60 Member

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    Our vehicle was stationary on the side of the road due to flat tyre. Our friend's car was behind us with hazard lights flashing. A triton ute with a trailer carrying a car hit the friends car behind us which in turn pushed it into the rear of our vehicle then also hit the side of our vehicle as it went past.

    The diver of the triton ute was not the owner but the owner was there as a passenger in her vehicle. We have $10,380.00 of damages done to our car. We have been told by her car insurance company that they have rejected all claims for damages.

    My question is who is liable and responsible for payment for these damages and how do we go about starting a claim process against this person for the car accident?

    Thank you.
     
  2. Quick Laws

    Quick Laws Member

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    Hi Jennifer,

    The driver of the ute is at fault. You sue the owner of the vehicle the driver of the ute was driving. If you have their details, you should be able to find out who their insurer is and make a claim against them.
     
  3. Jenster60

    Jenster60 Member

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    Unfortunately her insurer isn't covering her and has rejected her claim.
     
  4. Sophea

    Sophea Well-Known Member

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    Hi Jenster60,

    Provided it was not due to a fault with the Triton vehicle that caused the driver to hit your friends vehicle, the driver of the Triton will likely be held to be at fault for damage to both your vehicle and your friend's vehicle. Although it was your friend's vehicle that hit your car, the generally accepted rule is that if a car is stationary at the time of the accident and is not parked in an unsafe location or manner then they will not be at fault.

    If you have comprehensive insurance for your own vehicle, you can simply make a claim on your insurance and your insurer will likely attend to investigating fault and suing the relevant party for you and will likely also cover the legal costs of doing so (depending on your policy). If you do not have comprehensive insurance or do not wish to claim on your policy you will have to pursue the driver for compensation yourself. If this is the situation you are in, I would write a letter of demand to the driver of the Triton, demanding payment of the cost of your repairs and attaching a copy of the invoice. If she doesn't pay, you will have to institute proceedings. It may workout cheaper and less hassle to just leave it for your insurer to do, if you have that option.
     
  5. Quick Laws

    Quick Laws Member

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    That's actually not correct, you sue the owner of the vehicle and the insurer will subrogate the owner of the vehicle and defend the matter or pay. You write a letter of demand to the owner of the ute, not the driver.
     
  6. Jenster60

    Jenster60 Member

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    Hi Sophea, Thanks for your help. We wouldn't be having this trouble if we did have comprehensive insurance.Unfortunately we only have third party property damage insurance. Our car and our friends car were both stationary at the time. Our friends car was written off. He has already been paid out for his vehicle as he had comprehensive. I have a feeling that to pursue the matter will be a waste of time has the driver is only 21 years of age and there are 3 other vehicles involved and the owners of those vehicles will be looking for payment also. Thanks again for your time.
     
  7. Quick Laws

    Quick Laws Member

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    Jenster - don't listen to Sophia she is wrong. I am an insurance lawyer specialising in motor vehicle accidents for the last 10 years. You pursue the owner of the vehicle's insurer, not the driver. It's probably not a waste of time if you can collect the money for damage to your vehicle by simply writing a letter.
    Quick Laws.
     
  8. Jenster60

    Jenster60 Member

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    Thank you for you reply. We have sent a claim to the cars owners insurer and they have rejected the claim. What we are trying to find out is whether its the liability or just the claim they have rejected. We are not alone in this ordeal apparently one of the other claimants have had their claim rejected as well. So now I'm totally confused as to what to do.
     
  9. Sarah J

    Sarah J Well-Known Member

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    Either contact a legal representative to pursue this action in court against the vehicle owner/driver for compensation to property damage or contact the Financial Ombudsman Services and enquire about the policies of the insurer. Before you contact the FOS though, have you contacted the other side's insurer and asked why they have rejected the claim?

    If you're wishing to initiate action, you can speak with your local community legal centre and enquire about your position, which actions to pursue and advice on legal aid.
     
  10. fortenmerd

    fortenmerd Member

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    The owner of the vehicle will pay you at least some amount for the mistake of his for your damaged car. Once again consult the insurance company why they are rejected to pay for your damaged car.
     

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