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My daughter had a car crash her car was hit from behind she…

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My daughter had a...

My daughter had a car crash her car was hit from behind she was told to go thru her insurance. She was told there will not be a hire car while they assessed her car. They finally wrote her car off. She purchased another car but when she inquired to transfer her policy to her new car She was then told that her policy had been canceled when they wrote off her car. She only had the policy for 2 months & has not been paid out the balance. Every time she calls to inquire about this she is treated as if she was at fault. Can you tell me if this is correct & if not who do we speak to to get this problem sorted

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

In Victoria & the car 5 years old

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

She has been paid out the agreed value but nothing else

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

Yes is the other person who caused the smash liable for everything. It seems the innocent person is being ripped off

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: 3,327
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

insurance companies generally handle matters in a strict process, and when a car has been written off, there will be no payment on the policy of the insurance premium paid.

in regard to the insurer paying out the claim amount under the policy, did the insurer pay for your daughter new car directly, or did your daughter pay it and now waiting on the insurer to pay her back ?

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Customer reply replied 4 months ago
They paid her so she paid out her loan then had to get another loan but can’t use the insurance policy she had already paid for this is the part we don’t understand
Solicitor: John Melis, Lawyer replied 4 months ago

ok

when the car is written offer the policy that was in placed ends with the car that was destroyed (written off)

a new policy will need to be obtained.

all insurance policies work this way with write off claims. The policy ends with the claim.

does this answer your important question today ?

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Customer reply replied 4 months ago
If that is the case is the policy charge fall back on the person who was at fault.
Solicitor: John Melis, Lawyer replied 4 months ago

the amount is paid out of the damages from the other vehicle, it is not claimed back as such.

Have I helped with your question today ?

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Customer reply replied 4 months ago
No not really it doesn’t pay to be the victim anymore very sad this world
Solicitor: John Melis, Lawyer replied 4 months ago

insurance law is complex with its policy and disclosure requirements.

the policy has worked correctly from your facts stated.

your daughter received another car paid for by the insurer, the old policy provided the protection and was cancelled within accordance of the terms.

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