insurance help needed

[LES2010]

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.

 

[vicarious]

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.

 

[nathanVY]

+1 for dodgy media, get your story on there.

 

[Bravotwozero]

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

 

[Go_Slow]

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.


:banstick:

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...

 

[Go_Slow]

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.

 

[LES2010]

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.

 

[vicarious]

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.

 

[LES2010]

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

 

[Ace_VP]

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.