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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 recently had an incident where a car was driven at high

Customer Question

I recently had an incident where a car was driven at high speed at 1045 pm in reverse into my garage door, extensively damaging the door, and pushing it back into my car and moving the car back into the garage by about 6 inches. The car was locked, as was the garage, and I was about to get into bed. There is damage to my car, the garage door was replaced by my landlord's insurance, but when I tried to get my car repaired, my insurance company said I have an excess of $500 so it isn't worth it.
JA: What state is this in? And how old is the car?
Customer: SA and it is a 1996 Volvo station wagon
JA: Has anything been filed or reported?
Customer: Yes, the police attended and I have a police report number
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been told this is a no fault claim and the insurance company should repair it at their expense
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.

Customer: replied 1 month ago.
No I don't have a mobile, I just want a simple yes or No answer to know whether I am right if I take on the GM of the insurance company
Expert:  Leon replied 1 month ago.

Do you have the details of the driver of the car that caused the damage?

What is the cost of the repair to your car?

Customer: replied 1 month ago.
No he took off before we got a good look at the car, but I got it identified by taking the bits of his tail light to a crash repairer.
Expert:  Leon replied 1 month ago.

The type of the car?

Unless you can identify the person at fault, you will have to pay the excess and you do not get it back.

If you can give them the identify of the driver then they will chase them for the cost of the repairs and also the excess.

But if you cannot identify them, even though it was not your fault, you pay and lsoe the excess. This is all in the Policy Statement.

I am sorry I cannot give you anything more positive.

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.


Customer: replied 1 month ago.
No, forget it I will write to the GM of the insurance company, I have his details.
It's RAA Insurance in SA and I have been a member for years and this is the first time that someone in their call centre has said no to a claim, I have had no fault claims with them before many years ago and they have always paid the full claim.
Expert:  Leon replied 1 month ago.

Good Afternoon

I am sorry I cannot give you anything more positive. But the insurance terms and conditions are clear about needing to identify the other driver at fault.

All the best and good luck.