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WA How to Fight Car Insurance Claim?

Discussion in 'Insurance Law Forum' started by Sam Richard, 9 January 2018.

  1. Sam Richard

    Sam Richard Member

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    I got in to a car accident a couple of weeks back. I got hit by 4WD. Now the person is not acknowledging the responsibility. The car insurance company first said that they will identify how is at fault. Since, it's their client and they come to this conclusion that it's my fault on their own.

    Although, I got hit, I didn't hit anyone. I have a third party insurance and they are not fighting for me.

    What would be the best way to fight?
     
  2. Zerojay

    Zerojay Active Member

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    Hi Sam,

    It is not possible to give specific opinions at this stage as you have provided little detail in your post.
    A starting point may be to let the other driver’s insurer know you are disputing their decision and want the matter reviewed via their internal dispute resolution process. Ask them to provide you with copies of the driver’s accident description and diagram, together with their reasons (in writing) for determining you are at fault.

    Also, if you have not done so, lodge a police report and seek police opinion as to fault. Who hit who, in isolation of all the other facts, does not determine fault.

    I understand that you may lodge a complaint with the Ombudsman if you cannot resolve this matter with the insurance company, but you should first go through the dispute process with them. I am interested to hear of the circumstances of the accident and the insurance company’s reasoning.

    This is not legal advice, just the opinion of a guy on the internet who worked for an insurance company for 20 years.
     
  3. Sam Richard

    Sam Richard Member

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    About the internal dispute resolution process, you think they will cooperate with me on this. Can I force them legally to share the diagram and their decision with me?

    Well, the police did arrive at the incident but they said, as their were no injuries involved, they were not taking up this matter. They advised all of them to exchange their information and file a online crash report which I did and I hope the others have done also. But I did follow up with the police later on and I got the reply that it is not their responsibility to investigate the matter. They only investigate major crashes or otherwise if there is an injury involved in the accident.

    Also, they said if I wasn't satisfied with the insurance company decision then I could fight it in the civil court.


    I didn't know about the ombudsman services in this scenario. Is there any specialised ombudsuman assigned to such matters? Should I have to contact the respective council ombudsuman in which the accident happened?

    I did try to contact the legal aid because I couldn't afford a private lawyer but wasn't able to reach with them as their phone lines were temporary unavailable.

    What should be my next stance? Also, I have told the other party insurance company that I didn't accept their decision at all.
     
  4. Zerojay

    Zerojay Active Member

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    Next step is to tell the insurance company you wish to go through their dispute resolution process. If the insurance company will not co-operate, I suggest you contact the Financial Services Ombudsman (1800 367 287). Make sure the insurance company and the Ombudsman understands you are seeking compensation for your damage. FOS will only take up the matter if you are seeking compensation for damage to your vehicle.
     
  5. Sam Richard

    Sam Richard Member

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    Well, my insurance company got active a little bit when I told them that I am taking the matter to court. Now they are investigating the incident. If their efforts fail to produce a reasonable result, I will follow your suggestions.

    Thanks for the quality help. I will get back to you for further assistance, if required. I really appreciate your valuable response to my query.
     
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