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I recently had an incident where a car was driven at high…

Customer Question
I recently had an...

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.

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

SA and it is a 1996 Volvo station wagon

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

Yes, the police attended and I have a police report number

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

I have been told this is a no fault claim and the insurance company should repair it at their expense

Submitted: 9 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/8/2017
Solicitor: Leon, Solicitor replied 9 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,577
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

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Customer reply replied 9 months 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
Solicitor: Leon, Solicitor replied 9 months 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?

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Customer reply replied 9 months 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.
Solicitor: Leon, Solicitor replied 9 months 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.

Regards
Leon

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Customer reply replied 9 months 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.
Solicitor: Leon, Solicitor replied 9 months 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.

Regards

Leon

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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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