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Car traffic accident, not big damage, other party at fault…

Car traffic accident, not...

Car traffic accident, not big damage, other party at fault as hit my car from the back side, my insurance contacted the other party and they responded through solicitor after 6 weeks blaming me now? My insurance want me now to pay excess fee first before they start representing me? The question why i have to pay excess fee as I ma not at fault? I didn't receive any claims from the other party and I checked with Police confirming that I was not responsible for this accident.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Nsw sydney about 2 months ago

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

Didn't receive anything but letter from my insurance asking for excess payment so that they can represent me????

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

I think that insurance company made assessment confirming that I was not at fault but now when other party is calling solicitors they want me to pay eventual legal costs? why should I have to pay anything at all as I was not at fault?

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Answered in 5 minutes by:
3/21/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,325
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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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what was the time of day for the incident ?

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Customer reply replied 4 months ago
2 months ago during the day

One of the aspects that insures do is that they will not confirm any position until the matter is finalised.

When the second party disputes the claim of the first party, the insurer of the first party places all matters on hold until the accident is decided upon between the insurance companies as to who was at fault based on the relevant evidence.

Your insurance company asking you to pay the excess as this stage is a normal process.

Once the matter has been finalised with the other party, then you will get the excess paid back to you.

As you are not in the wrong from your comments, you then have nothing to worry about and the excess will be paid back to you once the matter is finalised with the other party by your insurer.

does this answer your important question today ?

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If you need any further information please let know.

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 as this supports me helping the community, and thank you for using Just Answer.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,325
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
in general but not happy that I still have to fund proceedings as being afraid it may take months or years to resolve legally in Court of Law

it will be sought out under 12 months. Insurance companies do work quickly to resolve the matter

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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.

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