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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 son had an accident, he was the last car in a 4 car

Customer Question

My son had an accident , he was the last car in a 4 car pileup.He was driving a small hatch back , which was slightly damaged , $2000.00 repair and the car drove away , An insurance company has hit him with a $20 000 dollar damage bill for a large car No2 in line , we believa a fraud is being perpertrated on my son.He has had his wages garnished even though we have had no oportunity to respond to the allergation.Dio I report this fraud to police , or an ombudsman , there is noway a small slightly damaged car could have caused all this damage , and how come we had no way of defending this action.
JA: What state is this in? And how old is the car?
Customer: New south wales and the car is a 2001 mazda 3
JA: Has anything been filed or reported?
Customer: Apparently the insurance company proceeded to court and got a injunction to garnish the boys wages,
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just need to know whether this should go to the fraud squad or the insurance ombudsman
Submitted: 8 days ago.
Category: Australia Law
Expert:  Leon replied 8 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 8 days ago.

Good Morning.

Was he insured?

The law says the last car to hit it the one that is responsible to repair all the cars in front.

For his wages to be garnished he must have had a court order against him. Did he get sued and do nothing about it?

Do you have a copy of the court action or the garnishee order?

Customer: replied 8 days ago.
No he had only 3rd party , i understand the issue of the last car . however we recieved no court order or garnishee order , the issue at hand is how can a small car which was only slightly damaged cause $14,000 damage to car no 2 , were theother cars had little or no damage , there has got to be a fraud being perpetrated here either by the insurance company or the "damaged" car owner.
Expert:  Leon replied 8 days ago.

Good Afternoon

He has to ask his boss about the garnishee order. cannot get it without a judgement.

So he has to see the order and then go to the court and file a Notice of Motion to set it aside.

Expert:  Leon replied 8 days ago.

With the fraud, does he have photos of the damage caused to the cars?