NSW Letter of Demand from Insurance Company - Pay for Damages?

[Shane8701]

Hi,

I'm a bit confused in regards to the following matter:

I have just received a letter of demand from an insurance company in regards to damage I caused to a police vehicle. I appeared in court this year and stood before a judge and explain to her that I was drunk at the time and I have never been cause damage to a police vehicle before.

I was given a section 10(1)(b). I was told that all charges were dropped and I was sentenced to a good behaviour bond. I have now received this from the insurance company claiming that I have to pay for the damages I caused to the police vehicle.

Do I have to pay these charges as I was told by the judge they were dropped?

If anyone could seek guidance on this I would be very appreciative.

 

[Deleted member 12925]

Hi,

I'm a bit confused in regards to the following matter:

I have just received a letter of demand from an insurance company in regards to damage I caused to a police vehicle. I appeared in court this year and stood before a judge and explain to her that I was drunk at the time and I have never been cause damage to a police vehicle before.

I was given a section 10(1)(b). I was told that all charges were dropped and I was sentenced to a good behaviour bond. I have now received this from the insurance company claiming that I have to pay for the damages I caused to the police vehicle.

Do I have to pay these charges as I was told by the judge they were dropped?

If anyone could seek guidance on this I would be very appreciative.

Hi Shane

The letter you have received is a civil matter as opposed to the criminal matter that you have already gone to court for.

It seem on the face of it by going to court and admitting responsibility for your actions in order to be granting the section 10 bond, you will find it hard to defend the civil claim for damage done to the Police car.

We would be happy to look at the letter and provide more specific comment to you, however, it may be your best bet to contact the insurer and negotiate a settlement of a lesser amount or make arrangements to pay by instalments the damages claim in order to prevent it from getting larger and having more costs added if they take you to court and obtain a judgement against you.

Glenn Thexton, Thexton Lawyers - LawTap - Find a Lawyer & Book Online Instantly.

 

[Shane8701]

Hi Shane

The letter you have received is a civil matter as opposed to the criminal matter that you have already gone to court for.

It seem on the face of it by going to court and admitting responsibility for your actions in order to be granting the section 10 bond, you will find it hard to defend the civil claim for damage done to the Police car.

We would be happy to look at the letter and provide more specific comment to you, however, it may be your best bet to contact the insurer and negotiate a settlement of a lesser amount or make arrangements to pay by instalments the damages claim in order to prevent it from getting larger and having more costs added if they take you to court and obtain a judgement against you.

Glenn Thexton
Principal
THEXTON LAWYERS

[email protected]

Best Family and Criminal Lawyers in Australia | Thexton Lawyers

Thank you Glenn:

I have already contacted the insurer and advised them of my query. However then would like me to send through my court papers and review them.

Just to make things clear, I was charged with malicious damage and I was taken to court to by the police who were seeking compensation on the damages made by myself. So after my hearing I was then told by the judge that all charges were dropped.

I have also sought guidance through a firm and was told that all charges would be dropped because I was given a section 10 1 b. I am just a little confused at to why I would have a civil claim lodged against me when the police already lodged a malicious damage claim against me.