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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44894
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I want to ask a question about my legal rights after an

Customer Question

Hi, i want to ask a question about my legal rights after an accident
JA: What state are you in? It matters because laws vary by location.
Customer: nsw
JA: Has anything been filed or reported?
Customer: The car accident was witnessed by a police officer but no report was done
JA: Anything else you want the lawyer to know before I connect you?
Customer: just that the insurance company has limited our ability to conduct our work
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month 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 1 month ago.

Good Morning

Who do you say was at fault and are you insured?

Customer: replied 1 month ago.
The other o Edson was at fault and no.
Customer: replied 1 month ago.
Person ^
Expert:  Leon replied 1 month ago.

Good Afternoon

Their insurance company has accepted liability?

What do you mean they have limited your liability?

Have you had quotes for the cost to repair the damage to your car and do you have the details of the policeman that witnessed the accident?

Customer: replied 1 month ago.
We have been paid the car price but have been asked to return the hire car they gave us. The issue is we haven't yet purchased a car as it's hard to find one that suits our needs (towing capacity engine capacity tow bar availability etc). We have been asked to look at loss of income as it took them a while to get us sorted and we lost work. Sorry I can't afford the phone call :(
Customer: replied 1 month ago.
we have the details of the police officer but we haven't been able to to contact him.
Customer: replied 1 month ago.
We have been able to get a car but won't be able to access it until the end of the month and the insurance company won't let us keep the hire car until we get the car. I know it sounds selfish but if we give back the car now we will be without an income for two weeks. We're still trying to recover losses from the accident which happened early August
Expert:  Leon replied 1 month ago.

Good Morning

If you have been paid out the value of the car, you cannot keep the hire car.
From the date you accept the settlement and the money is paid the claim is over and the insurer does not have to give you anything more.

It is your responsibility to find a new car.

They have a right to charge you rental for the car.

Have you signed a release with the insurer to finalise the claim?

Customer: replied 1 month ago.
we have. But we still haven't put in the claim for loss of income. Does that mean we lose our income for the next two weeks ?
Customer: replied 1 month ago.
We've already lost almost two weeks of income because of the accident and because it took them so long to release our trailer. We had to fix the trailer ourselves in order to get some work back.
Customer: replied 1 month ago.
A months loss of income doesn't seem like much but we are a family business and have been affected by this severely
Expert:  Leon replied 1 month ago.

Did the release you sign say that it was in full and final settlement of the claim?

It is important to know what you have signed.

If is says that the claim is over you may have signed away any rights to claim loss of income.

I assume you did not get legal advise on the Deed you signed with the insurer?

Customer: replied 1 month ago.
I'm not sure. I will check now.
We got some legal advice but it wa confusing. We were advised that we could claim loss of income after we finalised the car
Expert:  Leon replied 1 month ago.

Good Morning

You have to hand back the rental and you have to work out what your losses are. Also you have to find another car ASAP

Customer: replied 1 month ago.
We haven't signed any paperwork to say the settlement was finalised. Only direct credit requests.
We have found a car we just don't get it until at the end of September.
Expert:  Leon replied 1 month ago.

The hire car is it being used for your work and while using it you are not losing money?

Have you worked out what your daily loss is not having a car?

Customer: replied 1 month ago.
we have no rights ?
Customer: replied 1 month ago.
It works out to approximately $550 a day
Customer: replied 1 month ago.
We don't want to claim for loss while we had the car only for the times we didn't have our trailer and car
Customer: replied 1 month ago.
We didn't have access to our trailer for 10 days and if we give back the car we can't work for two weeks
Expert:  Leon replied 1 month ago.

I did not say that.

But to claim you have to show that you have been doing what you can to reduce losses and then claim them.

If you have to hire another car to do your business that will be claimed.

Who ever you used to get the advise should assist you in drafting the letter setting out what your losses are and substantiate them and work it out until you get the new car.

You have to do this ASAP.

Customer: replied 1 month ago.
We can't afford to hire a car for the two weeks.
We can try and put together our losses and the fact that we initiated access to a trailer to reduce the amount of income lost.
We have also made efforts in finding a car.
I will do that asap.
Thankyou for your help
Expert:  Leon replied 1 month ago.

Good Morning

You have to set out what the costs will be and put to them your position.

All the best and good luck.

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.

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