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My Husband had a car accident, at the time our insurance was…

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My Husband had a...

My Husband had a car accident, at the time our insurance was not in place, however the accident was caused by the other party, we have an independent witness who was behind my husband in another vehicle when this occurred. We filed a claim with there insurer who emailed us on the 9th March stated they were not accepting fault. My vehicle had been previously book for them to asses on the 12th March which after receiving there email I withdrew the appointment. I emailed back advising how they came to this decision after contacting the witness he advised they had not contact3d him nor had they inspected my vehicle prior to making there decision. My husband assures me as does the witness my husband was not at fault and now I have to cover the cost to repair my vehicle.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

WA

Lawyer's Assistant: What steps have you taken so far?

I have had my car at two vehicle smash repair one being the dealer, both sent the quote repaire direct to the insurer, I contacted the company of the other party involved in the accident who gave me the claim reference as the insurer would not disclose this when I contacted them direct. We waited for over three weeks between the accident before contact as we were thinking they may have made contact with us. When I asked them why they had not been in touch, they advised they didn’t have my husbands mobile no. He gave all these details at the accident scene. When I arrived home from work the day of the accident my husband had completed the online accident and we had phoned Cannington police station also and reported the accident.

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

What can we do to claim, we only want to repair my vehicle, there were no injured parties from either vehicle.

Submitted: 4 months ago.Category: Australia Law
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Answered in 2 hours by:
3/18/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon

Your husband has to obtain 2 quotes and send them to the party at fault.

They are liable and if they do not pay your husband has to sue the.

Your husband cannot force the insurer to pay.

He has to sue the owner of the car at fault.

Here is the link that sets out the process

https://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-wa/

But he has to sue them to get his car repaired.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

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. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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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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