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I am being pursued by ********* insurance about a claim

Customer Question
I am being pursued...

I am being pursued by ********* insurance about a claim against me by one of their clients. I am not even certain that there was any impact, although a witness some way back said he thought I might have touched the other car, but not enough to cause any damage. The owner of the other car was not present at the time of the alleged incident, but he abused and threatened me. H claims his rear bumper was seriously damaged - BUT THERE WAS NOT A SINGLE MARK ON THE FRONT OF MY CAR, just a small mark on my bonnet far above the level of alleged impact, where I had previously dropped an object.

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

It was in the ACT, although I live in NSW. My car is a 2007 Subaru Liberty wagon, the other vehicle was a 2008 Toyota Hi-Lux ute. I point out that if I had hit anything it would have been his tow bar! He is claiming repair costs of $1641.89. I think this might be previous damage, but I am a convenient target. Shannons, who have pursued me by phone repeatedly, today said that if I did not pay they would send recovery agents to my home. I am a pensioner and physically disabled, so such threats disturb me.

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

I don't know, apart from the fact that the owner of the car apparently contacted Shannons, his insurers.

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

Not that I can think of. I have a clean driving record, and have been driving for over 50 years. I am disabled, partly from a broken back a couple of years ago, and I am very perturbed by threats of "recovery agents" coming "to settle the matter".

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/7/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,311
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

this is John Melis, Solicitor

can you please tell me or write out the most recent letter that you received from Shannons ?

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Solicitor: John Melis, Lawyer replied 4 months ago

In relation to your matter about the pursuit by *********, I raise the following points:

1. If the other party is threatening or abusing you in anyway, you have a right to be protected and you can raise an AVO (personal safety order) against that party.

2. In relation the difference of opinion concerning the damage to the vehicle, to counter claim this with facts you coudl consider engaging a traffic engineer to assess the incident scene, and then have a report written which will contest those claims being raised.

3. As there was no mark on your car you will have a good case to defend the claim raise.

4. Where the conduct by ********* is in appropriate you can make a formal complaint to the insurance ombudsman and they will investigate the matter and issue a warning notice to ********* where the negative conduct is proved.

You have a legal right to protect your interests and the law will come to your aid.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars and thank you for using Just Answer.

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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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