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My wife's car was damaged in a minor road traffic accident.

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My wife's car was damaged...
My wife's car was damaged in a minor road traffic accident. The front bumper sudtain some damage and the steering wheel airbag was deployed. The insurance comany placed the car at a holding a yard awaiting an assessment of the repair where it sustained 'Hail Damage'. The car is now a 'write-off' due to this hail damage. The insurance company is offering the market value of the car.
As the car sustained additional damage....hail damage while being under the custody of the insurance company; what should we do to get the proper compensation.
Submitted: 2 years ago.Category: Australia Law
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Answered in 3 minutes by:
2/24/2016
Solicitor: Leon, Solicitor replied 2 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,924
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

The insurance company is only liable to pay on a claim the market value.

Having said that if you can show that the insurer was negligent and the amount they are offering would not replace the vehicle you may have a claim for more.

Under the claim they only have to pay the market value. But this should not be a claim by you. You should be arguing that the car was written off because of their negligence and you should be trying to get an amount equal to what it would cost to replace the car and put you in the same position you were in before.

It is not going to be easy and if you go to court you will need a solicitor.

I hope this all makes sense?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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