VIC Liable for More Claims after Car Insurance Case Finalised?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Shanenmelb

Active Member
26 October 2014
9
0
31
Hi, I had a car accident at the beginning of the year while driving a mates car. The car insurance company of the other car contacted me by mail with a requested amount. I rang to confirm that the amount was correct and then paid it, then about 4 months later I received a letter from dept collectors stating I owed money.

When I rang they wouldn't give me details and told me I had to write a letter requesting information on the claim, after doing so received a letter back stating that even though case had been finalised and closed they now say there was an error and the original claim amount was a misprint even though I rang to confirm it. Just so you have an idea the original claim was for $600 they now want $7561.

Am I liable to pay the new amount or does the original stand as it was said to be finalised and closed. Or is it covered by third party that comes with registering the car?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
When you paid the $600, was there a letter and did you sign anything saying like this is a "full and final payment"?
 

Shanenmelb

Active Member
26 October 2014
9
0
31
I didn't sign anything but did receive a letter stating that it was complete, and in the email sent to me by the debt collector they amit the account had finished
 

Shanenmelb

Active Member
26 October 2014
9
0
31
Hi I had an accident at the beginning of the year, I had no insurance and accepted liability, the other persons insurance company contacted me asking for $600 which I thought was low and rang the company to confirm the figure which they told me was correct. I paid the amount and rang to confirm payment was received and account settled and was told it was. Then 6 months later I get a letter in the email stating they had made an error and that I was to pay a further $7000 are they legally allowed to re open a closed case and /or ask for more money after so long, or even after they have stated account was settled. Is it my problem that they made such a big mistake. They at first claimed it was a mistype with the letter they sent but after a told them I rang to confirm the amount they didn't have a come back. Now they keep sending me emails stating there client is telling them to chase me for more money.?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Or is it covered by third party that comes with registering the car?
No, 3rd party on registration is for personal injuries (ie medical expenses). Did your mate have 3rd party car insurance? If yes, would he have been covered when you drove the car? Some policies may not cover you driving the car.

Write back saying the matter was finalised by them (Insurance Company) and refer to the letter you received. Say you 'paid in full and in good faith' based on the information they gave you. Tell them that if there is an error it is their problem, not yours.

If you do not want to pay them any more money, tell them that you consider the matter finalised as per their letter of [insert date] and that you will no longer communicate or respond to their demands for additional money.

Also say that you consider any further demands for money as harassment and that it is causing you unnecessary stress and that they are to immediately stop sending you any demand for money.

And your last sentence should be "I continue to reserve all my rights".