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My daughter's car has been written off by the insurer

Customer Question
My daughter's car has...

My daughter's car has been written off by the insurer following an accident on Boxing day. Police were in attendance and have completely exonerated her from any liability. There is approximately 8 months remaining on both her registration and insurance premium neither of which are to be refunded to her as the insurance company has indicated that they are entitled to the unused registration and have cancelled her insurance. How can this be the case when she has been completely exonerated and all liability (reimbursement to her insurance co) is with the offending driver's insurance company. This amounts to well in excess of $1000 and my daughter is already considerably out of pocket in having to replace her car. Can you please advise her rights?

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Victoria. Purchase of car was 2/9/2009 and insurance and registration were paid on the anniversary of this date.

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

Yes the value on the policy has been paid to her.

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

Not that I am aware of

Submitted: 6 months ago.Category: Australia Law
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Answered in 13 minutes by:
1/5/2018
Solicitor: Daniel, Solicitor replied 6 months ago
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,974
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Hello, it sadly does not matter if she is at fault or not, as the car is a write off.
The policy will likey state the conditions that they can de register the vehicle and claim the refund.I wish I could give better news.Please click accept and rate my service (with the stars). I am able to answer further questions after doing so at no further cost.
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Customer reply replied 6 months ago
We are not seeking any further "insurance" payout or challenging their decision to write off the car. We have been paid the amount written on the policy. This amount wouldn't have altered if there was only 1 week remaining on the policy. We are merely seeking a refund of car registration (no longer in use as car is not able to be driven) and a refund of the remaining term of the insurance premium. Currently no car to insure.
Alternatively, it would seem reasonable that the policy should be able to be transferred (with a reasonable time allowance for delivery) to a replacement car which she is currently negotiating to purchase. Insurance was paid for a 12 months period and theoretically she is not "claiming" as the other driver is at fault and all costs should be met by his insurance. Why should our insurance company be able to profit by cashing in the registration and depriving her of the remainder of her insurance term. It seems that everybody needs to only pay their insurance by the month (not annually) so that this rip off can't happen. They have had the use of her money in advance and are retaining the balance without providing a service. If she moved insurance companies they would have to refund the remaining premium less reasonable admin fees. 13 years driving - fully insured and no claims. Once again big business exploits the vulnerable. Very costly for no fault.
Solicitor: Daniel, Solicitor replied 6 months ago
Hi, yes I understand, but it is standard procedure and the norm for insurance.
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Solicitor: Daniel, Solicitor replied 6 months ago
I appear to not have a response?Please click accept and rate my service (with the stars). I am able to answer further questions after doing so at no further cost.
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