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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5055
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have a claim with a insurance company for loose of income

Customer Question

I have a claim with a insurance company for loose of income after a accident which i was not at fault my truck has been fixed but being a small buisness in its first year i cannot afford to carry a loss of this amount approximately $16000 as calculated by my account we have sent the information on 3 different occasions as they requested more and more . I'm now in a position where i can no longrer survive my comany was not making millons but until the accident i was on track with my buisness plan and was about to reach a point where i was earning a good living but now I'm on the verge of going under through no fault of my own is there anything i can do
JA: What state is this in? And how old is the truck?
Customer: I'm in qld and the truck is 2007 they repaired my truck but it took 2month and i didn't work fforover three weeks
JA: Has anything been filed or reported?
Customer: I have sent them 3 lots of info including my bas statements and earning for the last 3 months
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 16 days ago.
Category: Australia Law
Expert:  Daniel replied 16 days ago.

Hello
You need to prove loss as a result in order to sue for damages.
A court will be sceptical at best that a business could not look at options and accept that a business did not mitigate loss, or have their own insurance to cover for another vehicle / courtesy vehicle arrangement in the interim in the event of an accident.

It would be difficult to accept that this is the reason why your business suffered so much as a result.

I wish I could give better news, but on the face of it, it is a long bow to draw.

The difficulty is this, you would be considered a business orientated person. Thus you will presume to have arranged or planned something else in the event of this happening.

If you can prove that you yourself was not negligent in preparing for this, then you are at liberty to sue them.

I wish to help you in this situation.

Customer: replied 16 days ago.
Ok thanks i was running very slim to survive until feb when i would had payed most of my truck and finish paying for my $20000 contract. It doesn't seem far that someone else mistake cost me everything i should have expected this would be the case i can't afford to sue so i loose.
Thanks again
Expert:  Daniel replied 16 days ago.

Hello
I hear you, but I cannot inform you incorrectly.
Were you insured at the time?
Please click accept / rate my service. I am able to answer further questions after doing so at no further cost to you

Expert:  Daniel replied 15 days ago.

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

Expert:  Daniel replied 15 days ago.

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

Customer: replied 12 days ago.
You answered my question.? There's no reason to continue.
Expert:  Daniel replied 11 days ago.

ok.

Well if you can please click on the ACCEPT button to close the question.

Expert:  Daniel replied 11 days ago.

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

Expert:  Daniel replied 10 days ago.

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

Expert:  Daniel replied 9 days ago.

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

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