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I have a question in regards to a car accident payout which…

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Hi my name is*****...

Hi my name is***** have a question in regards ***** ***** car accident payout which i am not happy with my vehicle was in an accident someone smashed into my car so i am not at fault their insurance company has given it as a write off and are offering me $4000 ive had this car from brand new bought it 14 years ago 2003 model toyoya corolla ive never had an accident and only have 142000 kms on it first they said it would take 3 days to fix then it got taken to a third repairer whom gave it as a writeoff the only damage was the driver side rear door and quarter panel and a scratch on the light if I only receive $4000 ive looked on the net and my model car 2003 is selling from $5500 to $7000 private sale and car yards can you assist me should I accept the $4000 im on a carers pension taking care of my mother and I need a car to take her to hospital appointment etc thank you

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

Nsw 14 yrs old 2003 model in very good condition just got 4 new tyres not long ago no oy

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

Yes the insurance company told me yesterday that the assessor has valued the damage at over $4500 so their offer is $4000

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

I just want to know if I can take it further because I believe I should get at least $5500 to $6000

Submitted: 11 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/9/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,924
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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Solicitor: Leon, Solicitor replied 11 months ago

Good Morning

In your cover was it the market value or the insured value?

If you are not happy with the amount you can fight the insurer on it. You can provide them with evidence of vales you have and also look at redbook and see what it says the value would be.

http://www.redbook.com.au/?gclid=EAIaIQobChMIi7TUoOyW1gIVkQRoCh3u8A7LEAAYASAAEgI5DvD_BwE

You are not obligated to accept the money if you think it is not correct particularly of you have information to back you up.

You have a right to negotiate with them.

If they refuse then you can take the matter to the ombudsman and have them decide based on the evidence you have.

https://www.fos.org.au/

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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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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