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Ihad an insurance claim in 2016 wherethe vehicle was insured…

Customer Question
Ihad an insurance claim...

Ihad an insurance claim in 2016 wherethe vehicle was insured as a wheelchair access vehicle. Insurance company paid out on value of a standard station wagon vehicle. The cost of converting that vehicle was $30ooo and it was listed on the original insurance application as a wheelchair access vehicle. The payout to me was $9000 but they didn't include the $30k value of the conversion. What do you recommend?

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

NT Insurance company located Brisban and Melbourne

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

None

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

No. Have paperwork

Submitted: 2 months ago.Category: Australia Law
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Answered in 28 minutes by:
5/30/2018
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,963
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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 2 months ago

Good Morning

You need to look at whether you had the modifications insured. If they were insured and noted on the policy then you can claim them.

If not then you cannot claim them.

Did you sign any release when you were paid the money and the claim was finalised?

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Customer reply replied 2 months ago
Insurance application stated it was wheelchair accessible. Can't see any release. assessor kept noting on assessment that figures don't include wheelchair conversion. What right does he have to do this? Or on whose instructions does he exclude it?
Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

Had you disclosed the cost of the modifications when you took out the policies?

As the insured you are responsible to make sure that you set out all modifications and their costs if you do not do that the description does not cover you.

So you need to see whether the modifications are set out and their costs.

Do you have the initial application you made to take out the insurance?

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Customer reply replied 2 months ago
Just found that I was paid pro rata for modifications. Disregard. Tks for your help
Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

You are very welcome.

All the best and good luck

Regards

Leon

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Customer reply replied 2 months ago
ok
Solicitor: Leon, Solicitor replied 2 months ago

You are welcome

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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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