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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 861
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Hi there I would like the wording for a small disclaimer

Customer Question

Hi there

I would like the wording for a small disclaimer about a load vehicle for an automotive mechanic business whereby the vehicle "loaned" to the customer is signed for with the rider that it is covered by the lender's insurance and they must act responsibly... something like that.
Submitted: 12 months ago.
Category: Australia Law
Expert:  Leon replied 12 months ago.
Good Afternoon

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Please be patient with any delays. I am on my way to the UK and access is limited and time difference will also affect my responses.

I am trying to work out what you are after.

Are you the lender of the vehicle and want the person you are lending it to must comply with the insurer of the car?

Have you spoken to the insurer about this? They have standard clauses they rely on and also charge a higher excess for 3rd parties driving the car.

I would not suggest you deal with this on your own as you may be in breach of the policy.

Customer: replied 11 months ago.


Hi there


 


Thanks for this reply


 


What we want is a small disclaimer for an individual to sign in the following scenario:


 


We have a personal vehicle that sometimes gets loaned to another person, we want them to sign a paper that says they are covered by their own insurer whilst driving it, or something like that.

Expert:  Leon replied 11 months ago.
Good Afternoon

You cannot do that.

A third party insurer will not pay for damage to a car they have not insured.

What you are trying to do will not hold up. The Insurer that pays out has to have the car that you are lending insured and know that you are loaning it to others for their use.

Their personal insurer will not cover them.

Insurance companies do not work this way I am sorry to say.

What you are asking them to sign in reality says they are liable and they have to pay you and you will have to chase them if they have an accident.

Is there anything else I can assist you with?
Customer: replied 11 months ago.

Hi there


 


Thanks for this, so can we ask an individual to sign that they are personally liable and leave insurers out of it entirely?

Expert:  Leon replied 11 months ago.
Good Morning

Yes you can. They acknowledge that they will be liable.

Be careful though. This does not guarantee you will get the money. If they refuse you have to sue and the other party will be suing you for the damage to their car.

But to get them to acknowledge they have to pay gives you greater weight in court when you sue.

I hope this is of assistance.

Is there anything else I can assist you with?

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