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Alex, Solicitor - Admitted 2005
Category: Australia Law
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Experience: I did my law degree at the University of Queensland
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My son was recently involved in a minnor traffic accident in

Resolved Question:

My son was recently involved in a minnor traffic accident in Glen Waverley Victoria, the other vehicle sustained minor damage to the rear drivers door for which we need to have repaired fo the other party. The driver of the other vehicle has provided 2 quotes and would like to proceed with the repairs. I am concerned that the quotations are excesive and would like a third quotation from a repairer of my choice.
My questions are:
1. Do I have the right to request the another quotation be obtained from a repairer of my choice to ensure the repair costs are mitigated to what would be considered fair and reasonable to restore the vehicle to its original condition?
2. Am I entitled to forward a cheque for the amount on the third quotation should it be a lower amount than the previously supplied quotations for the repairs?
3. What is the name of the Motor Vehicle Act and Section that relates to the above.

Submitted: 4 years ago.
Category: Australia Law
Expert:  Alex replied 4 years ago.

HiCustomer

I am a lawyer and will assist with your queries today.

Q: Do I have the right to request the another quotation be obtained from a repairer of my choice to ensure the repair costs are mitigated to what would be considered fair and reasonable to restore the vehicle to its original condition?

A: Yes.

Q: Am I entitled to forward a cheque for the amount on the third quotation should it be a lower amount than the previously supplied quotations for the repairs?

A: Yes, but make sure the cheque clears or he could have an action against you under the Cheques Act.

Q: What is the name of the Motor Vehicle Act and Section that relates to the above.

A: There isn't one. These are common law principles relating to contract law.

What you should do is write to this person saying "I insist that a third quote from X Repairs be obtained, and upon receipt of that quote I will forward to you a cheque in the amount of the lowest quote provided to me."

That way if he tries to sue you over this, you will have proof that you've acted in good faith.

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Alex, Solicitor - Admitted 2005
Category: Australia Law
Positive Feedback: 94.5 %
Satisfied Customers: 12920
Experience: I did my law degree at the University of Queensland
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