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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43944
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My wifes car was hit buy a truck and she dosnt have

Customer Question

my wifes car was hit buy a truck and she dosnt have insurance.the driver was in the wrong and has admitted liability.the insurance company that is handling it has told her that it will take alot longer to process because she isnt insured is this fair
JA: What state is this in? And how old is the car?
Customer: nsw
JA: Has anything been filed or reported?
Customer: no have taken car to smash repair .they have told her that its going to cost more than the car is worth ,,its a 2007 ford focusworth about 4500
JA: Anything else you want the lawyer to know before I connect you?
Customer: just not sure what to do
Submitted: 9 days ago.
Category: Australia Law
Expert:  Leon replied 9 days ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 9 days ago.

Good Afternoon

I hope she has taken the full details of the truck and the also the drivers details.

She should get 3 quotes to repair her car and send them to him and request payment for the repairs.

If he refuses then she will have to sue him in court.

The following link is the process in the small claims division of the local court.

https://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-nsw/

Because the car cannot be repaired then she can only claim the cost or buying a replacement car and has to look at what it would cost to replace and sue for that.

She will need a letter from the smash repairer to confirm that it is a written off.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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.

Regards
Leon

Customer: replied 9 days ago.
Thank you if we have problems i may need to talk to you ..thanks david mclean
Expert:  Leon replied 9 days ago.

All the best and good luck. Let me know if you need anything further

Regards

Leon