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Answered in 48 minutes by:
5/30/2012
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedIf they believe your husband was responsible for the accident, and any property damage to the car, then they are legally entitled to pursue your husband for compensation for this amount. From what you say however, particularly the fact that the woman rear ended your husband, it would seem unlikely that they could successfully sue him in this instance.
Although your husband was assaulted after the accident, legally the incidents are not significantly related and the later incident in no way prevents the owner of the other car (or their insurer) from pursuing recovery, though as noted above, their case does not appear strong.
I suggest you simply write back to the insurer stating that your husband was not responsible for the accident, and in fact was rear ended by the woman.
Also be aware that your husband may be able to sue his assailant for damages arising out of the assault, and/or compensation from the government as a victim of crime.
http://victimsofcrime.com.au/compensation/
I trust the above assists.
Good luck and please click accept.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
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