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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43518
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I ran into the back of a duel controlled learner driver vehicle

Customer Question

I ran into the back of a duel controlled learner driver vehicle that stopped dead in middle of road without warning. My insurance company told me they cancelled my insurance last 28th November 2014. They emailed me that letter recently that I never received! There is a lot of damage to the car. What do I do?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon,My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Do you know why they cancelled the insurance?
Customer: replied 1 year ago.
Due to them being unable to access the cc I had given them details of back in June 2014 for a direct debit transfer. This was because my card was cancelled and then re-issued due to an internet scam but I did not re inform the insurance company of the change. So I guess it was my fault except that I did not get that physical letter and they did not inform me by email
Expert:  Leon replied 1 year ago.
Good Afternoon, It is a hard one because they cannot be held liable because you dcid not get the letter. Have they indicated if they will allow you to backpay and bring the policy up to date?How much damage is there?
Customer: replied 1 year ago.
I didn't ask the insurance company that and have since (last week) renewed the policy. This is the first time I have not had insurance my whole life but this particular insurance company is relatively new only having been with them one year before the (supposed renewal) of this policy back in June 2014 ...........Several thousands worth of damage. Maybe 6k or 7k or more. It was the rear of a Kia cerento and crunched the boot toe bar and the bumper into one piece! I did a fairly thorough job, I'd say!
Expert:  Leon replied 1 year ago.
So the damage is to your car more than the other?
Customer: replied 1 year ago.
No the main damage is to the Kia that I ran into the back of
Expert:  Leon replied 1 year ago.
I am sorry to hear it all but you have to negotiate to try and pay a lesser amountThis is all you have to do.
Customer: replied 1 year ago.
I am guessing that it is very unlikely that the insurance company for the plaintiff will accept that their customer was partly responsible for the "unreasonable" driving behaviour when stopping 1.5m - 2m short of a give way sign onto an empty road? Except that I could use that as part of my negotiation strategy to settle the bill. Is that right?
Also (without prejudice) is it a good strategy to play (for a final payout figure) when I delay the payments and making it awkward for them to extract the money from me?
Expert:  Leon replied 1 year ago.
Good EveningYou are guessing correctly. It is a matter where you will have to try and negotiate with the other owner to each an agreement. Anything you agree on should be in writing so you have protection. You can use the other driver to negotiate. If they sue you then you have an issue, because if they get judgement then you have a bad credit rating. You need to negotiate and keep it out of court. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 1 year ago.
Thank you Leon, you did miss something (thanks for asking) the driver of the other car was a student driver. The car is probably DUEL CONTROLLED and the owner is the driving instructor.
The owner is insured and it's the insurance company that is contacting me. I would imagine she has public liability and comprehensive and also she has contacted the Insurance Commission of WA regarding third party insurance for injury she is saying she has sustained (whiplash I imagine) I'm certain she is milking this for all she can get!! . So.......1). Do I negotiate and DRAG IT OUT with the insurance company and..........
2). Is she entitled to sue me for lost wages or anything else she thinks up? She is that sort of person, I think :-(. Yes thank you for your help and willingness to make this a complete consultation. I will leave good feedback Leon.
Expert:  Leon replied 1 year ago.
Good Evening,You negotiate the damage claim. Any claim for personal injury is though your CTP insurer you pay when you register the car.You cannot negotiate that. The insurance company deals with that on their own. You would only be a witness if it goes to court and you have full cover for that. In the Claim for personal injury she would claim for loss of wages.I hope this makes sense.
Customer: replied 1 year ago.
Thank you Leon. Finally, what is my best strategy for negotiation on such a claim in order to minimise the final figure? I suggested one strategy but maybe there are others you could recommend? I appreciate your previous reply as it has put my mind at rest! But this big damage bill is my last real concern, so if there is a good way to reduce that bill I would like to know about it obviously! And I will leave my feedback later today. Once again, many thanks.
Expert:  Leon replied 1 year ago.
Good Morning, As she is dealing with an insurer they will have had a quote. You need to contact the insure and ask if the car has been repaired. tell them you have no insurance and not much money and you would like to negotiate with them to finalise the matter without litigation. Ask them if you are able to get further pricing from other repairers and see what they will prove it at. You can even agree to payment plan. You cannot delay it to long because they will have the car repaired as they owe a duty to their client It is all about how you approach them If you have a set amount you can pay in full then you can advise them of that. But make sure you tell them very clearly, before you make any offer that the discussions are without prejudice. Once you have finished get the persons name and confirm it all in writing and at the top of the email or letter make sure your write "Without Prejudice" so they cannot use it against you.
Customer: replied 1 year ago.
Excellent, now you're talking Leon. This is the advice I was after from you. It's taken a while but now I feel I have your full attention whereas yesterday I think you were very busy and missed some of my points. I know it's much easier to talk but my budget is really small so this is a great service if it can work for both of us and help me (the client) to move forward. Yesterday, even after all the to-Ing and frow-ing I didn't feel that you were "in-tune" with it. But I also know that sometimes it is difficult for you when the client is either not articulate or just don't give you all the details you need to know. So of course I take responsibility for my short comings on that score. Best wishes to you and thanks for your good advice. If there is anything to add you may think of later that would also be most welcome. Rico
Expert:  Leon replied 1 year ago.
Good Afternoon, Do not make admission to being liable. Make no comment about that.