Car Was Hit and Damaged from Back, The Responsible Party Lodged Claim but Not Paying Excess Fee

jmmjbb on 23/04/2017 - 22:23
Last edited 23/04/2017 - 22:25

Dear folks,

As above. My car was hit and damaged from back when I stop in front of traffic lights on 19 March. Called police but they did not come to write a report. Drivers information exchanged by then. The responsible party lodged claim afterwards (due to my text reminder) and told me the claim number. But not paying excess fee. I having been chasing up both the insurance company (Coles Car Insurance) and the policy holder (the driver who hit my car from back) for quite a while because I only have third party insurance thus my insurance company could not help out. I was wondering am I in a deadlock? Coles Car Insurance said they cannot ask the policy holder to pay the excess and without paying the excess, I cannot start fixing my car… The policy holder promised she would pay but no actions. Anyone can offer some solutions as this was the first time I encountered by this? Thanks a lot.

Simon

Automotive

Comments

  • ronnknee on 23/04/2017 - 22:26

    Access where? Excess, you mean?

    • jmmjbb on 23/04/2017 - 22:30
      +1

      Yes, excess fee,thanks!

  • altomic on 23/04/2017 - 22:39

    What type of car insurance do you have? 3rd party or comprehensive?

    • spackbace on 23/04/2017 - 22:41
      +1

      because I only have third party insurance thus my insurance company could not help out.

  • MorriJ on 23/04/2017 - 23:17
    +1

    State? http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist…

    Edit: very lazy of me…

    options seem to be: get a quote for repair work then send letter of demand to the person (not the insurer)

    take person to court (not the insurer)

    if the person chooses to pay the repair amount (even $1000 repair would be worth the cost of excess - usually 600 + loss of no-claim.

  • thetrain on 23/04/2017 - 23:27
    +2

    Get quotes to fix the car. Then I would send a letter of demand to the driver (make sure it is registered post or something so there is a record of delivery).

    http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist…

    If they want to use insurance then they will forward it onto insurance (and pay the excess). The letter of demand will hopefully kick them into action.

    If this doesn't work you may need to launch a claim in court.

  • Richardc on 24/04/2017 - 00:26
    +3

    letter of demand, repair cost + rental car cost

  • esty on 24/04/2017 - 17:01

    id probably ask them one last time nicely (sometimes a letter of demand will cause them to react negatively).

    If they still don't do anything, then a letter of demand is in order along with a quote.

Login or Join to leave a comment
Login Join