CAR ACCIDENTS

WHAT IF I DON’T BELIEVE THAT I AM AT FAULT?
We are not able to give you detailed advice about whether you are or are not at fault.
If you want to dispute liability, you are welcome to contact your state ’ randomness roads and dealings agency to determine whether the road rules will support you not being at fault. In cases where you believe that you are only partially at fault, you should raise this with the other party ’ s insurance company but we encourage you to consider making a settlement extend based on what you believe you should be responsible for .
Any settlement put up that you make should be in writing. It should besides have the words ‘ without prejudice ’ at the top of the letter and somewhere in the body of the letter you should use the words ‘ in full and final examination settlement of this matter ’ .
AM I ENTITLED TO MORE THAN ONE QUOTE/REPAIR INVOICE FROM THE OTHER PARTY’S INSURANCE COMPANY?        
No. There is no such entitlement under the law. however, arguably if the insurance caller was to commence legal action against you, they would be responsible for proving the measure of the damage claimed. If you dispute the items that have been repaired or the sum of the invoice, see 1 ( a ) above .
THE OTHER PARTY’S INSURER HAS PROVIDED ME WITH AN ITEMISED LIST OF ITEMS THEY REPAIRED. WHAT IF I DISPUTE THE NEED FOR THOSE REPAIRS OR THE AMOUNT CLAIMED AGAINST ME AS EXCESSIVE BASED ON WHAT HAPPENED IN THE CAR ACCIDENT?
One option you may want to look into is to approach your local freelancer automobile mechanic and provide them with a copy of the compensate bill from the other party ’ second policy ship’s company, any photos of the wrong and any other evidence such as witness statements of what happened. Ask the mechanic whether they would be prepared to provide you with a written statement/opinion about whether the items that have been repaired or the amount claimed is excessive based on the nature of the accident. Provided you are able to obtain such a statement, this option is preferable to you merely arguing that in your personal opinion the repairs or amount claimed are excessive .
once you have determined an measure that you are train to pay for, it is best to write bet on to the other party ’ mho policy caller ( or their debt collector ) to make a settlement offer and continue the negotiations from there .
Any settlement offer that you make should be in writing. It should besides have the words ‘ without prejudice ’ at the top of the letter and somewhere in the body of the letter you should use the words ‘ in full moon and concluding colony of this matter ’ .
WHAT IF I AM IN FINANCIAL HARDSHIP AND CANNOT AFFORD TO PAY THE AMOUNT OR CANNOT PAY THE AMOUNT IN ONE GO?
You have a right to request an low-cost repayment arrangement. Under the General Insurance Code of Practice, the early party ’ sulfur insurance company must work with you in relative to your fiscal asperity. You should contact the company or their debt collector involved ( see 1 ( gigabyte ) below ), preferably in writing, and ask to make arrangements to pay in amounts that are low-cost for you. A sample letter you can use can be obtained hera .
If you are forced into an arrangement that you can not afford or if you are forced to pay a lout union amount by a certain go steady which you can not afford to do, you should email the Code Compliance Committee at information @ codecompliance.org.au alleging that there has been a gap of the General Insurance Code of Practice and request that the Code Compliance Committee investigate the charge. Or use our Sample Letter: Insurance Code Complaint. Taking this step should help to improve your prospects of negotiating a more low-cost musical arrangement with the other party ’ mho policy company ( or their debt collector ) .
CAN THE OTHER PARTY’S INSURANCE COMPANY REPAIR THEIR INSURED PERSON’S CAR WITHOUT LETTING ME EXAMINE THE CAR AND GET MY OWN QUOTES FOR REPAIRS?
Yes they can .
Under the indemnity contract that they have with their cover person, they have an obligation to their insured person to conduct repairs a soon as reasonably feasible. If you dispute the items that have been repaired or the total of the invoice, see 1 ( a ) above .
HOW LONG DOES THE OTHER PARTY OR THEIR INSURANCE COMPANY HAVE TO CONTACT ME IN RELATION TO A CAR ACCIDENT DEBT?
The early party or their indemnity ship’s company can contact you at any clock. sometimes the first contact happens years after the accident. Be aware that the debt may become codified barred after a period of clock ( in most states 6 years ). If the debt being claimed is erstwhile catch advice before making any payment .
IF I RECEIVE A LETTER FROM A DEBT COLLECTION COMPANY FOR A CAR ACCIDENT, DO I RESPOND TO THE DEBT COLLECTION COMPANY OR THE INSURANCE COMPANY THAT HIRED THE DEBT COLLECTION COMPANY?
You should respond preferably in publish, to the debt solicitation party. however, if you wish to invoke the General Insurance Code of Practice, because you are in fiscal adversity for exercise ( see 1 ( hundred ) above ), you should besides send a copy of that letter to the insurance ship’s company .

CAR INSURANCE CLAIMS

DOES MY INSURANCE COMPANY HAVE TO CASH SETTLE, REPLACE OR REPAIR?

You will need to check your specific insurance policy but in most of the car indemnity policies that we have come across, the insurance party reserves a good to decide whether to agree to cash settle, replace or to repair .
however, if you prefer cash liquidation, surrogate or repairs you can even try to negotiate with your insurance company providing them with reasons why for model, it would be better to cash settle with you since there have been so many attempts already by them to repair, ample money already wasted doing so and the implicit in problem is improbable to ever be resolved therefore more money would be wasted for no beneficial reason .
IF I DECIDE TO CLAIM THROUGH THE OTHER PARTY’S INSURANCE POLICY (BECAUSE THEY ARE AT FAULT), DO I HAVE TO LET THE OTHER PARTY’S INSURANCE COMPANY’S PREFERRED REPAIRER EXAMINE AND OR REPAIR MY CAR?
Yes. If you do not want to do this, then go through your own repair person and then make a claim for this sum on the other party ’ sulfur policy company .
IF I MAKE A CLAIM ON MY OWN INSURANCE POLICY, CAN I CHOOSE MY OWN REPAIRER OR DO I HAVE TO GO WITH MY INSURANCE COMPANY’S REPAIRER?
You should check your own policy to be sure, but in most car policy policies, the policy company reserves a veracious to decide which repairer they want you to go to .
If you are not excessively concerned either manner, there is one main advantage of going with your insurance company ’ second chosen mender. Under the General Insurance Code of Practice, if your indemnity ship’s company chooses the mender, they will be creditworthy for the quality of the repairs and the materials used, and handle any complaints about the timelines and conduct or demeanor of the mender. If you choose your own mender, your insurance company may not accept province for the quality of the repairs and materials used by your choose mender. It will then be up to you to dispute any unsatisfactory or inadequate repair issues with the mender yourself .
Some indemnity companies claim to allow you the choice of your own mender although it is not rare for these insurance companies to make the ultimate decision about which quote they will go with, your mender ’ mho or theirs. normally the lower quote will be there ’ s and they will give you a cash settlement for the lower come leaving you out of pocket if you placid go ahead with your own mender. So you may not very have a choice of repairers if you don ’ thyroxine want to be out of pouch .
If you want to go with a particular mender you trust or that is closer or more commodious for you, some indemnity companies might allow you to negotiate with them on these issues particularly if your choose mender ’ second quote is less than theirs .

TOTAL LOSS (WRITTEN OFF) CLAIMS

See our Factsheet: Your Vehicle has been Written Off
PREMIUMS – IF I PAY MY PREMIUMS BY INSTALMENTS AND MY CAR IS DECLARED A TOTAL LOSS DO I HAVE TO PAY THE BALANCE OF THE PREMIUMS?
Yes. An exercise of this give voice in the AAMI policy is below :
“ If we decide to make a write-off payment or replace your car under your policy, we will require you to first pay us the total unpaid balance of your premium as we have agreed to cover your car under the terms of the policy for the full period of cover. In the character of a write-off requital, we will deduct your unpaid premium from the requital we make. ”

IF MY CAR IS DECLARED A TOTAL LOSS, CAN THE INSURER DEDUCT THE VALUE OF THE WRECK AND UNEXPIRED PORTION OF MY REGISTRATION FROM THE INSURANCE PAYOUT?
Yes. If your car is declared a full personnel casualty, your indemnity company will deduct from your payout, the unexpired parcel of your vehicle registration. They will then provide you with a letter to your state of matter ’ s roads and traffic authority to enable you to receive a refund of that unexpired part of the registration .
If you want to keep the shipwreck, the salvage rate of the shipwreck will be deducted from your indemnity payout. If alternatively of reiving a payout, your car is replaced ( for exemplar, because your policy has a condition where if your car is not more than x years old, you will get it replaced ) you may need to pay your insurance company the salvage value if you want to keep the wreck and have a substitution cable car .
WHAT IS THE DIFFERENCE BETWEEN A REPAIRABLE AND A STATUTORY WRITE OFF?
A repairable write off is when your insurance company decides that your cable car is uneconomical to repair because the amount it would cost to repair the damage to your cable car is close to or more than the market value of your car ( or the amount you insured it for ) so it would be better for them to pay you out for the grocery store value of your car ( or the measure you insured it for ) alternatively of repairing it. If you decide to keep the bust up in these cases, you should be able to re-register the car with your express ’ south roads and traffic authority provided you prove to them that the cable car has been repaired to a roadworthy condition or any other conditions they may impose .
A statutory write off is when your car is determined to be indeed damaged that it can not possibly be repaired to a condition where it would ever be roadworthy again. You are not able to re-register a car declared a statutory write off .
WHEN CAN MY CAR BE DETERMINED A WRITE OFF AND WHO GETS TO DECIDE THAT?
If you are claiming under your insurance policy or person else ’ south indemnity policy, most policies will express that the insurance company has the choice on whether to declare your car a write off. It is up to you to argue otherwise by reference to your State ’ s roads and traffic authority and laws. For NSW for model, see hypertext transfer protocol : //www.rta.nsw.gov.au/registration/written_off_vehicles/index.html
Please note that we do not have expertness in traffic laws and can not provide you with detailed advice in relation to these matters .
EXCESS AND FAULT – DO I HAVE TO PAY MY EXCESS WHEN I AM NOT AT FAULT (I.E. CAN I NAME THE OTHER DRIVER AND PROVIDE THEIR PARTICULARS)?
You should talk to your insurance company about what their operation is in relation to payment of excess and fault. Most insurers will not merely take your discussion for it that you were not the one at blame. They will therefore ask you to pay the excess to contribute to the sum that they may have to pay the other party in the event that you are found to be the one at fault .
If it is your indemnity company ’ south practice that you pay the surfeit foremost and once they have amply investigated the count and found that you are not at fault they will refund you the excess, there are still conditions for when they will refund the overindulgence. You should check your policy wording for more information particularly the sections on when an surfeit applies and when an overindulgence does not apply .
As an exercise, the NRMA NSW comprehensive policy states the stick to ( note the bold words ‘ we agree ’ ) :
When an excess does not apply
You will not have to pay an excess if :

• You make a claim for an incident that we agree was not in any way the fault of you, the driver of, or a passenger in your vehicle, or a substitute vehicle, and
• You can provide the name and residential address of a person(s) we agree is at fault, and the amount of the claim is more than any basic excess.”

Can I pay my surfeit and challenge fault late ?
If your insurance company disagrees that you are not at fault and provided you can pay your excess, you are welcome to pay your excess to avoid any delays for model to getting your cable car repaired, and raise a challenge former with your insurance company for a refund of the excess .
HOW CAN I DETERMINE THE FAIR MARKET VALUATION FOR MY CAR?
Try visiting the be websites and if they support your evaluation, provide a copy to the policy party involved :

INSURANCE INVESTIGATIONS

If you are the subject of an indemnity investigation Download our ‘ Know Your Rights Checklist ’
I ’ VE MADE AN INSURANCE CLAIM. MY INSURANCE COMPANY IS REQUESTING INFORMATION AND OR DOCUMENTS FROM ME .
HOW MUCH INFORMATION CAN MY INSURANCE COMPANY REQUEST FROM ME?
As a lot data as they need to make a decision on whether to approve or reject your call. however, a request for information has to be relevant to the claim. See 7 ( b ) below .
It is a thoroughly mind that if you provide the request information you should besides keep a imitate for your own records and keep a record of every time you are being requested for more information, why it is being requested and when it was requested and provided .
DO I HAVE TO GIVE MY INSURER SENSITIVE PERSONAL INFORMATION SUCH AS BANK STATEMENTS AND PHONE RECORDS ETC.?
You lone need to give your policy company information and or documents that are relevant to the title. If you feel that the information that has been requested of you is irrelevant to the claim, ask your policy ship’s company to explain why they think it is relevant to the claim. After being provided with their response, it is up to you to decide whether you hush want to provide the information requested. Please note though that if you do not provide the data requested and your indemnity company distillery believes that that data is relevant to deciding whether to approve or reject your call, they may deny your claim on the grounds that you have failed to cooperate with the claims probe summons as required of you by your policy contract and more generally under your legal duty of utmost thoroughly religion .
Bank statements and telephone records are very criterion information that indemnity companies broadly request from guarantee persons peculiarly those who make a call for a single vehicle collision or larceny. Bank statements are relevant to determining whether an insured has a motive for making a deceitful call. however, in and of itself, having a moo bank proportion is not conclusive evidence that the claim is deceitful. On the other hand, boastfully, fishy and unexplained movements in and out of your bank report anterior to the insurance title, may paint a different picture .
call records are relevant to verifying your adaptation of events if for exercise you have mentioned to your insurance company that you telephoned person to let them know about the car accident or called person to drive you home when your car was stolen etc. If you did not call anyone, arguably the telephone records are not relevant .
It is important to remember that if your claim is a genuine one, there should not be anything that you need to hide or fear being uncovered. consequently, it is constantly a thoroughly theme to cooperate with your policy ship’s company and provide them with deoxyadenosine monophosphate a lot information as they think they need to decide your claim with the only provision being that you are well within your rights to ask them why they think that particular information or text file is relevant to the claim. It is a estimable theme that if you provide the request data you should besides keep a transcript for your own records and keep a record of every clock time you are being requested for more information, why it is being requested and when it was requested and provided .

HOME & CONTENTS INSURANCE

Does my policy company have to cash settle, replace or repair ?

You will need to check your specific insurance policy but in most of the Home and Contents indemnity policies that we have come across, the insurance company reserves a right to decide whether to agree to cash settle, replace or to repair .
however, if you prefer cash colonization, successor or repairs you can still try to negotiate with your insurance company providing them with reasons why for example, it would be better to cash settle with you since there have been so many attempts already by them to repair, ample money already wasted doing then and the underlying problem is improbable to ever be resolved thus more money would be wasted for no good argue .

If I make a claim on my own indemnity policy, can I choose my own mender or do I have to go with my insurance caller ’ sulfur mender ?

You should check your own policy to be sure, but in most Home and Contents insurance policies, the indemnity company reserves a right to decide which repairer they want you to go to .
If you are not excessively implicated either way, there is one main advantage of going with your insurance company ’ s chosen mender. Under the General Insurance Code of Practice, if your policy company chooses the mender, they will be responsible for the quality of the repairs and the materials used, and handle any complaints about the timelines and behavior or behavior of the mender. If you choose your own mender, your insurance company may not accept duty for the quality of the repairs and materials used by your chosen mender. It will then be up to you to dispute any unsatisfactory or inadequate rectify issues with the mender yourself.

Some policy companies claim to allow you the choice of your own mender although it is not rare for these policy companies to make the ultimate decision about which quote they will go with, your mender ’ mho or theirs. normally the lower quote will be theirs and they will give you a cash colony for the lower come leaving you out of pocket if you hush go ahead with your own mender. So you may not truly have a choice of repairers if you don ’ metric ton want to be out of pocket .
If you want to go with a particular mender you trust or that is closer or more commodious for you, some insurance companies might allow you to negotiate with them on these issues particularly if your chosen mender ’ south quote is less than theirs .
final Updated : February 2017