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VIC Car Insurance Rejected Claim - What to Do Next?

Discussion in 'Insurance Law Forum' started by Dee1010, 21 December 2016.

  1. Dee1010

    Dee1010 Member

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    Hey all,

    My husband was involved in a car accident. The other car veered onto the opposite side of the road, resulting in side swiping from the drivers side all the way down to the back end of the car which, then had snapped the back wheel axel and left the wheel hanging.

    From the information the police officer gave, the person at fault didn't have insurance, no plates on the car, refused to give breath test or blood sample and had warrants out for his arrest and so was arrested immediately and taken away. My husband was not able to get any information off him. The police advised the car insurance can get a copy of the police report.

    My husband has called his insurance to be advised he is not covered as he has missed 2 payments (which they only tried to deduct once) due to insufficient funds so therefore they have cancelled the policy and will not cover the claim. They advised they have sent two letter via normal mail stating this but we never received them. Also not at any time have we received any other means of contact: phone call or email.

    When we have checked the bank account there is definitely funds in the account. When we have requested a copy of the policy and these letters they advised they had to look through the system and get them approved by a manager to send in which took a week to do so

    When speaking to the dispute team they seem to just shut me down so I'm worried we are going to left in the lurch.

    What would be our next step? Do we have a case? Is it worth fighting against a large insurance company? Has anyone been in this situation?

    Thanks in advance
     
  2. Matthew Karakoulakis

    LawTap Verified Lawyer

    Joined:
    27 October 2016
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    Hi Dee,

    It seems that that the insurance company is being unreasonable and is attempting to decline your claim. I can provide you with the legal advice and representation that you need. Some insurance policies have clauses that allow them to deny a claim for non-payment. However, legislation may prevent them relying on this condition if the payment has been unpaid and you have been not been clearly informed of the impact of such a provision prior to the entering the contract.

    I have extensive experience in dealing with large insurance companies. I can review your policy, the financials and all surrounding circumstances and develop a strategy to negotiate with the insurer. Please feel free to contact me via the link Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly to arrange an appointment.

    Yours faithfully,
     
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