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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My wife's car was damaged in a minor road traffic accident.

Customer Question

My wife's car was damaged in a minor road traffic accident. The front bumper sudtain some damage and the steering wheel airbag was deployed. The insurance comany placed the car at a holding a yard awaiting an assessment of the repair where it sustained 'Hail Damage'. The car is now a 'write-off' due to this hail damage. The insurance company is offering the market value of the car.
As the car sustained additional damage....hail damage while being under the custody of the insurance company; what should we do to get the proper compensation.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

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 advice but a guide to assist you.

The insurance company is only liable to pay on a claim the market value.

Having said that if you can show that the insurer was negligent and the amount they are offering would not replace the vehicle you may have a claim for more.

Under the claim they only have to pay the market value. But this should not be a claim by you. You should be arguing that the car was written off because of their negligence and you should be trying to get an amount equal to what it would cost to replace the car and put you in the same position you were in before.

It is not going to be easy and if you go to court you will need a solicitor.

I hope this all makes sense?