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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22964
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I was in a car accident which I caused. I did not have car

Customer Question

Hello, my name is***** was in a car accident which I caused. I did not have car insurance at this stage. After the impact both cars came to a stop. The lady in the other car took off again before getting out to assess the damage. By her moving her car she caused a substantial amount of extra damage to both cars by scraping. The insurance company wants me to pay an amount of $9200. In negotiation with the insurance people about my concern about the lady has caused also damage they offered me a one off payment of $5000 to settle the case. Unfortunately I was not able to get $5000 together and now the insurance wants me to pay off the full amount. My question is: Do I have the chance to argue my case? I think that I have not caused all the damage. I also was presented with the quote and invoice of the repair at the same time. I thought the insurance company has to give me the option of getting another quote?
JA: Was this discussed with a manager, HR, or an attorney?
Customer: No, it has not. What is an HR?
JA: Has anything been filed or reported?
Customer: to Police?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.

If they will not negotiate then you have the option of taking this claim to the Disputes Tribunal where you are able to argue that not all the damage was caused by you. The tribunal referee can rule on whether you should pay all or some and also make an order about payment by instalments. So you should tell the insurance company you want to dispute this in the Dsipites Tribunal and they will have to lodge a claim against you. You dont need a lawyer for this.

Customer: replied 5 months ago.
Thank you very much. Great help.
Leon
Expert:  Chris The Lawyer replied 5 months ago.

Thank you. When you are ready you can accept the answer by rating the answers which I have given.

Customer: replied 5 months ago.
Hello again, Leon did contact the Dispute tribunal today as you suggested and was told that not him but the insurance company has to file a dispute with them because they are the ones who want to get money. So why did you say that Leon could do so? Why would the insurance company file a dispute when they just ask a money collecting agency to do the collecting of the money on their behalf. Where can Leon get help if he feels the insurance company did not give him a chance to explain what happened?
Expert:  Chris The Lawyer replied 5 months ago.

He can lodge a claim with the Tribunal himself. He was not given correct information, and this is mentioned on their website. But he can also wait for the Insurance company to file a claim. Debt collectors do not have any special powers and if they ask him to pay, he can tell them he disputes the account and the insurance company will have to file a claim in the Tribunal. If they challenge this, then he has to contact the insurance company and say they must file in the tribunal. At the tribunal hearing he can give a full explanation of what happened together with any evidence which he has. he can bring a support person to help him.

Customer: replied 5 months ago.
Thank you, ***** ***** pass this on to Leon!
Expert:  Chris The Lawyer replied 5 months ago.

Dont let the debt collector or the insurance company bully you or Leon. He has the right to make them prove their claim and raise any issues which are important

Customer: replied 5 months ago.
This is very helpful. Good to know!
Expert:  Chris The Lawyer replied 5 months ago.

Be assertive with them. They will know you are serious