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Cyclone Debbie car damaged by driving over private drive…

Customer Question
Cyclone Debbie car damaged...

Cyclone Debbie car damaged by driving over private drive concrete subsided and car landed on gearbox and broke cogs inside

Lawyer's Assistant: What state was the citation in? And have you consulted a local attorney?

Qld Bowen 4805' witness saw it happen it repairer said defiantly broken by trauma as cog broken on three parts shannons ins say wear and tear won't pay, no not spoken to attorney

Lawyer's Assistant: Do you need to appear in court?

Want advice, should I take it to small claims and how do I do that

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

No thanks

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/1/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
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 today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Evening

What does the repairer say? Have you got a report regarding the damage and possible cause?

Was the outside of the gearbox cracked and damaged as well?

You need the report if you intend to take the insurance company to task and get them to repair it.

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Solicitor: Leon, Solicitor replied 7 months ago

Please reply here. I have asked you get a refund on the other post you opened.

Can you please provide me with an answer to my above request

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Solicitor: Leon, Solicitor replied 7 months ago

Good Evening

By opening other posts you are costing yourself money

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Customer reply replied 7 months ago
The repairer gave report to ins I can get a copy
Solicitor: Leon, Solicitor replied 7 months ago

You need to look at the report.

Also consider getting your own independent report.

If the outside of the gearbox has been cracked what is evidence of the car being damaged by a fall and you have a claim.

Fair wear and tear would not cause the outside of the gearbox to crack.

Once you have the report you then ask for an internal review and if they then refuse to repair again you lodge a complaint with all the evidence with the Ombudsman.

But you need to have evidence that the damage was causes by the drop as a result of the storm.

If you cannot get that you will not be able to get the insurer to pay for the repairs.

I believe you have a claim and you will be successful but you have to get an independent report to back up what you say.

Also the statement of the witness will be important.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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