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I'd like some advice on a not at fault car accident. The…

Customer Question

I'd like some advice...

I'd like some advice on a not at fault car accident. The liable party is now claiming that I was responsible for the accident.

Lawyer's Assistant: Where is this occurring? I only ask because laws can vary by state.

Victoria, Australia

Lawyer's Assistant: Do you have any court dates or documents relevant to this situation?

No court dates

Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.

Back in November I was in a car accident.The other party was at fault for running a red light and crashing into my car when I was exiting from the freeway. The passenger side and the front is completed destroyed from their bulbar. We exchanged details on the side of the road and they apologised and admitted fault.I lodged my claim with Budget Direct and they told me I had to wait for the other party to admit fault in order for my car to be repaired/ excess waived.This was approved, processed and repaired. I have now sold the car.My insurance is now coming back to me saying the other party is saying that I was at fault and require further information of the accident. This was already provided to them when I made my claim.So I'm a little confused how the other party has now changed their mind and making a claim with their insurance. Isn't this already sorted since my claim is now processed?

Submitted: 4 months ago.Category: Australia Law

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Answered in 1 minute by:

2/1/2023

Solicitor: Ross D.Jur, Lawyer replied 4 months ago

Ross D.Jur, Lawyer

Category: Australia Law

Satisfied Customers: 544

Experience: Australian Legal Practitioner

Verified

Hello, my name is ***** ***** I am an Australian Lawyer. I will assist with your query today.

It is unfortunate the other party is now refusing to admit fault.

However, the insurer will do an investigation, and hopefully come to the conclusion that you were not at fault.

This is why it is important that you provide them with the additional information required for them to complete the investigation.

Customer reply replied 4 months ago

Hi Ross. Absolutely. The insurance is not explaining the issue very well either.

Solicitor: Ross D.Jur, Lawyer replied 4 months ago

Was a report made to Police at the time of the accident?

Customer reply replied 4 months ago

I called the police in the morning and they said since nobody was injured there is no need for a report.

Solicitor: Ross D.Jur, Lawyer replied 4 months ago

I see. And has the insurer assessed your vehicle already?

Customer reply replied 4 months ago

Correct. Initially they said the car would only be repaired and my excess waived if the other party admits fault. And this was processed. So I assumed the other party admitted fault. Therefore the claim was completed.

Solicitor: Ross D.Jur, Lawyer replied 4 months ago

I see. You should prepapre a dot point document detailing your version of events of the accident

It is likely this version will reconcile with the damage to the car. This should help the investigation reach the same conclusion.

Customer reply replied 4 months ago

I have written a detailed description of the event. There was no damage on their car but mine due to the speed they were driving.But I believe that my insurance was being misleading. How is it possible that the excess was waived and now allowing the other party to change their mind and do another claim?

Solicitor: Ross D.Jur, Lawyer replied 4 months ago

They have stated to you the excess would be waived if the other party admited fault. The other party has not admitted fault to them.

Customer reply replied 4 months ago

But the car was repaired and excess was waived.

Solicitor: Ross D.Jur, Lawyer replied 4 months ago

Perhaps they received no response from the other party before completing the repairs.

If you are unhappy with the way they are processing the claim, you can make a report to the Financial Ombudsman Service.

Solicitor: Ross D.Jur, Lawyer replied 4 months ago

Is there anything else I can assist you with in relation to this query?

Solicitor: Ross D.Jur, Lawyer replied 4 months ago

Thank you for using this service. Please dont hesitate to get back in contact if you require further advice.

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