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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5136
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My son was involved in a car accident. He stopped behind a

Customer Question

My son was involved in a car accident. He stopped behind a vehicle at traffic lights and was hit from behind. Because the vehicle behind was larger (van) he was pushed forward into the rear of the car in front. My insurance company want to take over $2000 excess from us because they say he was an unnamed driver and under 25. Is this right? As the car behind was completely at fault and admitted so
Submitted: 5 months ago.
Category: Australia Law
Expert:  Daniel replied 5 months ago.

Hello
Well the issue is, the insurance company will argue that he should not have been driving at any stage as he is not named on the policy.

That is the issue.

They will claim that you were not upfront about who would have been the drivers and thus claim the excess.

File a complaint here:
https://www.fos.org.au/

They can make a judgement call, however I would suspect that they will rely upon what is stated above regrettably.

Customer: replied 5 months ago.
They have told me that he was covered to drive vehicle. The part I'm having trouble getting is why we have excess payment at all. He had stopped completely and was hit by a much larger vehicle, which shoved him forward. He said he left a large gap between himself and the car in front but this would make no difference because the vehicle behind was so much larger and heavier
Expert:  Daniel replied 5 months ago.

Well he is covered, why is there an issue with the very high excess?!
I would suggest, looking to the insurance policy and see if there is any clause they can rely upon to charge that amount.

If there isn't, then contact the ombudsman.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.