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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44179
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Insurance company sign a stat dec that a vehicle is a write

Customer Question

insurance company sign a stat dec that a vehicle is a write off even though it is repairable.
JA: What state are you in? It matters because laws vary by location.
Customer: QLD
JA: Has anything been filed or reported?
Customer: Yes it is all been through the insurance company. These people are now in debt for $50000 with no car to show for it. He had a low level 0.09 blood achol reading so the claim was rejected. We are not disputing that we dont see why they have written it off. it has left them with an unnecessary burden. Can we change the write off and they could repair it with there own money.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

Good Afternoon,

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 but a guide to assist you.

If they are not going to pay him because of the alcohol reading the owners of the car have a right to the car. They can take it to their own independent repairer and if they say it is repairable and are prepared to put that in writing you can have the insurance decision overturned through the FOS

Their website is

It may be down at the moment

This is what you have to do. It has to be all in writing.

I hope this makes sense and is of assistance. if there is nothing further

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If I have missed anything, or you have any further questions please let me know

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