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QLD Energex Claiming for Damage to Power Pole - What to Do?

Discussion in 'Insurance Law Forum' started by seif koura, 24 November 2016.

  1. seif koura

    seif koura Member

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    Hi guys

    So I'm just trying to find the best way to approach this. What happened was, 8 months ago I was run off the road by another driver. He didn't stop and unfortunately, I spun out of my lane to avoid being hit by this person and went straight into a Energex power pole. Police did their investigations and what not but couldn't find the other driver.

    Meanwhile last week, I received a letter from Energex saying I need to pay $28,000 for the pole. I didn't have insurance on my car because I was meant to sell it 3 days after my crash and didn't see the need in re-newing it.

    I'm not too sure how to approach this as I'm a 21-year-old uni student with a casual job. Someone told me that home insurance has somewhat of a public liability and might cover it. I feel too skeptical believing that for obvious reasons.

    If anyone has any ideas on what to do, please let me know.
     
  2. Complex16

    Complex16 Well-Known Member

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    Sadly your home insurance won't respond as it's not motor vehicle insurance. Had you had motor vehicle insurance in place, the liability section of your policy would have responded.

    Sounds like you should contact Energex and beg for a payment plan. Sorry.
     
  3. GC.

    GC. Well-Known Member

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    Home insurance usually has a specific exclusion for driving a motor vehicle as they expect you to have car insurance.

    I'm not sure that you're liable for this one though. Maybe someone with more legal expertise than me can clarify this, but I though that you would be liable only if the damage was caused as a result of your negligence.

    You seem to imply that the other driver was at fault (implying that the damage was due to the other driver's negligence). I'm not sure how this works when the other driver is unable to be identified, it may depend on what's in the police report (did you get a fine from the Police?).
     
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