insurance help needed
Well guy's and girls I need some advice, my son was rearended back in Feb, it's taken 4 months for the insurance company to find in his favour, now, he has third party fire and theft insurance and the other person has full comp, this rat b@$!!d will not respond to the insurance company for payment of his excess, without this my son does not get paid out, the insurance company reckons if the other guy won't pay the excess they will cancel the claim and my son has to chase it up in court, here's the kick in the guts, both of them are insured by the same insurance company, if the other guy wasn't insured they would pay my son ou't up to $10000, but, because the other guy has full comp he can get away with it by not paying his excess and my son gets f&^*% all, have already spoken to a lawyer to get an appointment, just the boy isn't employed right now and really can't afford to pay a lawyer big fees for a car worth a few grand, this was his pride and joy bought for him as a present by us when he got his license, now it sits in the parts section of this forum for sale.
but wait there's more,
first the guy tried to force my son to sign his car over to him for compensation for the loss of his vehicle, police involved there, he breaks into my sons car and tows it off the property and rips the coil and sparkplug leads off so it can't be driven has now been repaired, police involved again, messages thru facebook telling my son to drop the case or else, pretty good for a truck driver in a small country town hey.
What advice gas anyone got for us please.
I hear voices in my head and they don't like you
best of luck, i would fight it all the way & it wouldn't hurt to get today tonight or aca onto it they love these stories and its suprising after they show bad publicity the insurance company might get off there ass and pay you out.
The Mad Dutchman
need boost...
+1 for dodgy media, get your story on there.
nathans VY Calais - 'Calais 2.0' | VT Equipe | VS Calais **SOLD!**
Can get a free legal referral from Law Institute Victoria. I suggest you ignore the bush lawyers and go see a real lawyer.
LIV Web Site - Legal Referral Service
first the guy tried to force my son to sign his car over to him for compensation for the loss of his vehicle, police involved there, he breaks into my sons car and tows it off the property and rips the coil and sparkplug leads off so it can't be driven has now been repaired, police involved again, messages thru facebook telling my son to drop the case or else, pretty good for a truck driver in a small country town hey.
the cops did nothing about this?? a guy came into your property and towed away your car?? (theft??) and threats through facebook?? sounds a bit serious, **** me.
as for the insurance company, who is it? (are you allowed to type it here im not sure)
i know aami 3rd fire and theft covers up to 5g if your not at fault and you have the details of the other driver. sounds like the insurance company is trying to cop out of the situation. (not saying its aami here, but i know because i was prevously with them)
as for the car removal, signing over...
ohhh and print every single facebook message, do not delete it, any phone calls, or sms's keep all of them or record them, time date recieved everything. be polite in your responses if you choose to respond. should you need to go to court, make him look like the aggressor and not you.
I don't think I can name them here but I know if your in trouble on the road they do come out and help you if your a member, they are called different things in every state but are the same company, seems that is a part of their policy you gotta read the fine print with a electron microscope.
does anyone know if my son could pay this idiots excess to settle the matter and then sue him for that.
I hear voices in my head and they don't like you
does the third party fire theft include a no excess to the not a fault party as long as you can name the offending party and the insurance should pay you out and they sue the person that hit you for costs.
The Mad Dutchman
don't quite follow, my son has third party fire and theft, the other party has full comp insurance, his excess will be about $1350 to cover his son driving, it's the $1350 we are waiting to be paid, but if he refuses to pay the excess the insurance company cancels my sons claim and we have to pursue it in a civil court. sounds like absolute bullsh*t but that's correct even according to the insurance ombudsmans office.
Here's an idea,
get full comp and just start targeting the most expensive cars on the road, when you hit 'em tell 'em to get stuffed 'cause you won't pay your excess and you never have another worry again a long as you live, after all if you keep on the move they can't find you, the cops won't really care, it's a civil matter so no warrant would be issued and you get to wreck some nice expensive cars at your own leisure
I hear voices in my head and they don't like you
If he has third party property insurance and he isnt at fault he should be able to claim through his insurance company and have them chase the other bloke up, or wont they do that?
I would be getting a solicitor on the job ASAP, some stern letters from a good solicitor might be enough to make the guy see its much easier and cheaper to pay the excess than fight it out in court and loose.
Tells it like it is.
I understood that to be the case for most insurance companies.Originally Posted by Ace_VP
Might be your only alternative unfortunatelyI would be getting a solicitor on the job ASAP, some stern letters from a good solicitor might be enough to make the guy see its much easier and cheaper to pay the excess than fight it out in court and loose.
That case shouldn't be very expensive to run and if it's as cut and dried as you say then most of your costs should be recoverable.
Reaper
If he was rear ended then its pretty cut and dry, the car that does the rear ending is generally in the wrong because no matter what the car in front does the vehicle behind is expected to keep a safe distance to be able to react. If this is the case as reaper said the expenses should be well and truely recoverable, but the time isnt and it doesnt change the fact that your son needs the money now to buy another vehicle. But in the end its really the only option. MattMight be your only alternative unfortunately
That case shouldn't be very expensive to run and if it's as cut and dried as you say then most of your costs should be recoverable.
Reaper
Looks like it's time to lawyer up, here's the kicker, the other party is insured with the same insurance company, we found out he disposed of his vehicle immediately as well, that could also be why it's taking so long to sort out.
I hear voices in my head and they don't like you
****in insurance , i got backed into at a servo by some young girl with SGIC full comprehensive... they ruled im my favour and were ready to send my car off for repairs .... until the young lassie decides she wont pay her excess and they tell me they cant do anything!
Donati..Whoa Green
Have a crack at the Small Claims Tribunal, even if you lose that its only about $20.
-Democracy must be something more than two wolves and a sheep voting on what to have for dinner.
James Bovard, Civil Libertarian (1994)
-Giving money and power to government is like giving whiskey and car keys to teenage boys.
P.J. O'Rourke, Civil Libertarian
-Government's view of the economy could be summed up in a few short Phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.
Ronald Reagan (1986)
yeh thats what ive been told, i got the lasses address from the police because you need and address to send a summons too , looked it up on google maps ( because there was no house number and it was a remote little road up in the hills ) and apparantly it doesnt exist ... not sure how to proceed at this point.
Donati..Whoa Green
Well then talk to the police, if they provided the police with a false address then the police will be mighty pissed. Also since you know their insurance mob, I'm sure the police can track them through the insurance company.
Also the OP can use Small Claims too.
This is one of the reasons I have full comprehensive, I get full legal help from my insurance. On both occasions that people have hit me, I claim through my insurance and the repairs start straight away, and its up to my insurance to get their money back.
-Democracy must be something more than two wolves and a sheep voting on what to have for dinner.
James Bovard, Civil Libertarian (1994)
-Giving money and power to government is like giving whiskey and car keys to teenage boys.
P.J. O'Rourke, Civil Libertarian
-Government's view of the economy could be summed up in a few short Phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.
Ronald Reagan (1986)
r8m8
Surely that cant be legal, and surely if you did fork out for a solicitor you may aswel take him to court for theft of your sons vehicle aswell mate.
sounds pretty rough hey
www.myspace.com/deadlyunna
To check out my r8
since he disposed of the car, wouldn't his insurance know what type of car he was driving by his policy?
Last edited by vicarious; 12-07-2010 at 10:37 PM. Reason: spelling
The Mad Dutchman
the thing is though that when your car is written off and you have full comp insurance they take your car to cover some costs, just wondering if maybe they went to get his car and since it's gone he has to pay excess plus the cost of the cars value
I hear voices in my head and they don't like you
YAAAY, talked to the ins/ company today, the nice lady on the phone was very helpful, she rang the other party who proceeded to abuse the living daylights out of her and called her some very unflattering names.
She told him whatfor and got back to me, they have decided to pay out the claim minus the excess which we are going to sue for, WOOOOOOOOOOOOHOOOOOOOOOOO, boy is picking up his new car in about a week, guess it pays to be polite and patient to people, if you act like a moron your gonna get treated like one.
Oh yeah he reckons he's gonna sue us and the insurance company to which she replied," we would welcome that because you lose no if's or buts".
WAAAAAAAAAAHOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO OOOOOOOOOOOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I hear voices in my head and they don't like you
Donati..Whoa Green
HAHA suing an insurance company, like they don't have a few hundred million dollars to use on lawyers.
-Democracy must be something more than two wolves and a sheep voting on what to have for dinner.
James Bovard, Civil Libertarian (1994)
-Giving money and power to government is like giving whiskey and car keys to teenage boys.
P.J. O'Rourke, Civil Libertarian
-Government's view of the economy could be summed up in a few short Phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.
Ronald Reagan (1986)
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