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VIC Car Insurance Claim - What Else am I Entitled to?

Discussion in 'Insurance Law Forum' started by Cmb, 29 June 2016.

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  1. Cmb

    Cmb Member

    29 June 2016
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    Hey all,

    Hopefully, someone here can help me out.

    Earlier today, my car was hit while parked in a space on the street. It is totalled and won't be able to be repaired. Luckily, I was working and not in the vehicle at the time so I am not injured. The man who hit my car is in the hospital as of now, though. I haven't heard on his condition as of now.

    I've done the initial filing of a claim with my car insurance, but I wanted to know if I'd be entitled to anything else. Would I be able to sue him for more than what the car insurance is willing to pay out? Would I be able to make him pay my excess of they ask for it? Would it make a difference if I find out he was intoxicated?

    Any help here would be appreciated.
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    If he has insurance everything gets fixed under his policy, not yours.

    As you are likely to be 'made whole', what sort of expectation do you have as to what else you feel you are entitled to? Australian law is not like what you see on US TV shows, there will be no windfall of money to you.
  3. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Ultimately a lawsuit will only ever entitle you to recover the loss that you have suffered. Generally, this will be the cost of the vehicle - which your insurer will actually sue him or his insurer for - if for some reason they deny liability.

    The settlement that will be agreed to by your insurers once money has passed is that you and your insurer will release the other guy and his insurer from any future claims in respect of the accident. So no you can basically recover money for lost vehicle through insurance, nothing else.

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