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QLD Property Damage Dispute - What to Do Under Insurance Law?

Discussion in 'Insurance Law Forum' started by quick question, 18 January 2016.

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  1. quick question

    18 January 2016
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    Ok, so I have a question about my situation. I live in an apartment block and the garage roller door hit my car on the roof.

    Here's what I am sure happened.

    It was in the morning. I walked up to the key fob thing that opens the door as the parking space I was in is in a bad spot and you have to reverse out through the open gate. So I opened the gate, jumped in my car and started to reverse out.

    That's when I heard it hit my car. At which point, I stopped it then went up. I told the manager about this happening that afternoon as I wanted to claim from his insurance as I think it came down on my car. He got back to me 2 weeks later saying that he reviewed the CCTV and I ran into it, I asked over and over to see this CCTV footage for about a month until his insurance company finally told me they didn't have it, but what they have is a still picture of the footage at the point of impact. The picture isn't great, it's a photo taken with a mobile and you can't see my reg or me.

    They have since sent me a letter of demand to pay for the door along with a witness statement which basically says I reversed into the door. This witness statement was written and signed nearly 2 months after the event. It also mentions me asking for the video the very same day they watched it and they also say they watched it the day of the incident which can't be true due to the time I sent the first email letting him know about the incident.

    The insurance is saying that the witness statement and the still image is enough to prove I am liable, but I'm still sure the gate came down on my car as I was driving through it.

    Do I have any leg to stand on under Insurance Law, as they say they will take me to court? I mean his statement has to be hearsay as it was written nearly 2 months after he alleged he saw the video and they said they watched the video on the day of the incident, but why did it take them nearly 2 weeks to tell me they think I am liable? Also, will it stand in court that they didn't show me the video? I asked to see it. I have proof of that. If they showed me and it was my fault I would just pay it but the image shows nothing, either way. All it shows it the gate did touch my car.

    Any help would be appreciated.

  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi @quickquestion,

    Obviously, it all depends how well you can discredit and poke holes in their evidence and prove your own version of the facts, the better your chances of a court finding in your favour. The insurer will likely try to get as far as they can without having to show you anything and will bully you. Stand your ground and refuse to pay anything until they show you cogent evidence that their version of events is true. They need to be able to prove their case to a court on the balance of probabilities. So more than 50%. Remind them of that if they start threatening legal action.

    How much are they asking for anyway? It may barely be worth their while instituting legal proceedings.

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