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I was involved in a car accident and the vehicle has been…

Customer Question
I was involved in...

I was involved in a car accident and the vehicle has been written off. Now the insurers claim that they have engaged an external investigation team and have 2 witnesses confirming that there was 3 passengers in the vehicle. I did not declare this in my crash report as one of the passenger was intoxicated an as such both the passengers preferred not be involved. We had all left the scene by the time the Police responded. It appears the insurers are trying to deny my claims on the grounds of suspicion as they are asking to get statements off the other 2 passengers but I can't involve them as I have not mentioned them in the report and they do not wish to be involved. What are my options here?

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

WA, 2016 model UTE but I had it only for about 4 weeks when the accident occured

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

Yes, I did an online crash report reporting that it was an accident not involving others or damaging any property. the police have spoken to me since and they have closed it and no charges laid.

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

Yes, my concern is can insurers deny my claim on suspicion as there is no evidence to prove anything besides the 2 eye witnesses who have claimed to see 3 passengers exit the vehicle. I thought of mentioning to the insurers that 2 others assisted me out of the vehicle as they were waiting near the place of accident to catch up with me for a meal. So there were 3 people but other 2 pulled me out of the damaged vehicle but were not passengers. is that safe

Submitted: 11 months ago.Category: Australia Law
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Answered in 2 minutes by:
9/14/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,918
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.

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Customer reply replied 11 months ago
Hello,
I just need some advice if my claim can be denied bu the insurers
Solicitor: Leon, Solicitor replied 11 months ago

Good Afternoon

I am sorry but you are not going to like what I am going to tell you.

Under the policy you have an ongoing legal responsibility to provide the insurer with the true facts at all times.

They have a right to investigate and your passengers are going to have tom come clean and give a statement

They have a right to not pay until they are certain that there was nothing on your part that caused the accident.

Leaving the scene before the police and ambulance arrived is also an issue and I suspect they will be looking at wether you were intoxicated at the time.

You are going to have to dispute the insurers denial of the claim and provide them with more information. If they deny it again then you will have to take the matter to the Ombudsman.

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

But you have big problems for failing to be honest and lying in your claim.

But you have to come clean.

Again 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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