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My husband was involved in a vehicle accident yesterday. He…

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Hi, my husband was...

Hi, my husband was involved in a vehicle accident yesterday. He was not the "at fault" driver. Unfortunately we are not insured. There were 3 vehicles involved. My husband was parked at a shopping centre, putting groceries in through the side door of our chrysler voyager, the car parked next to him, a Hummer driven by a lady was reversing out of the carpark, another car, a honda accord, was driving (possibly a little faster than normal) down and the hummer has reversed into the honda accord. the hummers tow bar has connected with the accords mag wheel and locked into placed and pushed both cars into my husbands car. My husband has moved out of the way as he could have been crushed and being unstable on his feet from shock has tripped up onto the footpath and hurt both his knees and ankle. he was taken to hospital by ambulance and remained there until 11.30 this morning. Police were in attendance. I have called the insurance company this morning (hummer) and they have advised that I can not make a claim on her insurance as she has to make the first claim. Our car is not driveable and i sitting in a holding yard. Our car is necessary to our family, we have two disabled boys, one of which requires to be driven and picked up from school and has a wheelchair that is larger and will not fit into our small mazda2 that i drive for work. I am wanting to know how I go about accessing her insurance, her being the "at fault driver" to fix our car. Are you able to assist in this matter. Thanks and regards Belinda(###) ###-####

Lawyer's Assistant: What state is this in? And how old is the car?

Our car is a 2008 model chrysler voyager, it occured in Holmview Qld

Lawyer's Assistant: Has anything been filed or reported?

I have a police report number. QP1701423499

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont think there is anything further.

Submitted: 5 years ago.Category: Australia Law

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Answered in 5 minutes by:

8/16/2017

Solicitor: Leon, Solicitor replied 5 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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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.

Customer reply replied 5 years ago

im happy to type

Solicitor: Leon, Solicitor replied 5 years ago

Good Afternoon

Does he have photos of the damage?

Has he obtained quotations from panel beaters as to the cost of getting the damage repaired?

You cannot claim the driver and insured of the Hummer has to lodge the claim.

Have the police given a report as to who is at fault?

Customer reply replied 5 years ago

Police have given a report and advised that the lady driving the hummer is the 'at fault' driver. Yes we have photos, and a video look around the vehicles and where they were placed. No we have not yet obtained any quotes.

Solicitor: Leon, Solicitor replied 5 years ago

Good Afternoon

You have to get the quotes nd I suggest getting 2 quotes.

You then have to send them to the party at fault and request that they pay you the said amount or pay for the repairs.

This is in the form of a letter of demand and you have to also make sure that you give them a time limit such at 14 days or 21 days. If they refuse then you will have to sue them.

The process of suing in Victoria is set out in the following link

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

This is the process. if they refer the matter to their insurer then you will be dealing with the insurer and tehy may requst you take it to their repairer.

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

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