Insurance Denying Claim Stating Liability Dispute

LShahzz on 12/12/2023 - 02:21
Last edited 14/12/2023 - 00:50

In 2013, I found myself in a car accident dispute where the other party initially insisted it was my fault, and the police even issued a handwritten red light fine at the scene. However, I contested the decision in court, which ruled in my favor, stating that I did not cross a red light, supported by a camera on my direction.

Despite this, the insurance company continued to pursue me for $12,000 initially, claiming damages. A decade later, they maintain a liability dispute, suggesting a "each bears own costs" scenario.

Throughout this ordeal, my psychological and mental health have been significantly affected, leading to severe stress and trauma. With limited receipts but photos of the damaged car,

I'm navigating this challenging situation independently and am now seeking insights and experiences on how to proceed, especially considering the impact on mental well-being. Any advice from the community would be greatly appreciated.

Automotive Insurance

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Comments

  • randomusername2017 on 12/12/2023 - 03:03

    🍿☕

  • Muzeeb on 12/12/2023 - 03:07
    +3

    I've read your post 4 times and I'm still not sure I understand what has happened so I'll leave it up the experts here.

    Also a good reason to remind everyone IANAL.

    • randomusername2017 on 12/12/2023 - 03:36
      -1

      Also a good reason..

    • Porker on 12/12/2023 - 12:02
      -1

      … Thought you were the expert…

      • Muzeeb on 12/12/2023 - 12:17
        +3

        I'm just the annoying idiot.

        • Porker on 12/12/2023 - 14:11

          Not true! :)

    • Gunnar on 12/12/2023 - 13:00

      You anal? Nice!

    • ATTS on 13/12/2023 - 16:25

      What is Ianal?

      • Muzeeb on 13/12/2023 - 16:25

        IAmNotALawyer

        • ATTS on 13/12/2023 - 16:53

          Thanks mate!

  • jumpypotato53 on 12/12/2023 - 06:16

    What type of insurance did you have? If you had third party or comprehensive, they would try to sort that out with the other party insurance by themselves. You shouldn't need to pay to fix their car if you have any of those options.

    • Shahzz on 12/12/2023 - 13:32

      I did not have insurance unfortunately.

      • brendanm on 12/12/2023 - 19:00

        Many such cases.

  • solidussnake on 12/12/2023 - 06:32
    +4

    Stories like these I'm glad I have fully comprehensive insurance..

  • Tee Rex Arms on 12/12/2023 - 07:42

    The house always wins

  • Euphemistic on 12/12/2023 - 07:49

    Did the court decision only rule on the red light issue? Did the court decision make any ruling on the crash?

    • DashCam AKA Rolts on 12/12/2023 - 08:23
      +4

      Needs an MS Paint diagram from Windows 8, due to the historic nature of the accident. Bonus for text in Comic Sans.

    • Mechz on 12/12/2023 - 08:25
      +2

      Court would not have ruled on the crash, just the disputed red-light infringement.

      Weird the cops issued this manually given the intersection had cameras, although they may have just been surveillance.

    • Shahzz on 12/12/2023 - 13:33

      no they only ruled out the hand written fine from the cops.

  • elgrande on 12/12/2023 - 08:29
    +2

    10 years is a long time to chase a claim. Have they actually commenced proceedings in court or are they threatening to?

  • Youfah Mizzum on 12/12/2023 - 08:41
    +2

    I don't get it.
    1. Who was your insurer? Please don't tell us you weren't insured!

    1. If 10 years later (seriously?) they're going for "each bears own costs" which I assume your bear your costs, and they bear their own costs, then I don't get the issue. To me that's like says "lets call it quits and forget about it".

    2. Why don't you do some of your own googling and see if there is some kind of time limit. 10 years seem an awfully long time. Pretty sure its called a Statute of limitations. 10 seconds of googling found this:
      https://lawpath.com.au/blog/is-there-a-statute-of-limitation…

    • altomic on 12/12/2023 - 08:51
      +1

      And what sort of bears? Because technically a koala isnt a bear. And australia has strict quarantine rules for importing bears .

      • DashCam AKA Rolts on 12/12/2023 - 10:02
        +3

        You're forgetting about our native drop bears.

    • Shahzz on 13/12/2023 - 01:12

      yes 10years but mind you the court case was pending for almost 3 years. Secondly I had to go Overseas and Lost all my email data. they bothered me to pay 12000 for the damage to the other car before the court final hearing.

  • Jaduqimon on 12/12/2023 - 08:55
    +2

    No comprehensive insurance?

    10 years of savings from not getting comprehensive insurance should cover the 12k.

  • ThithLord on 12/12/2023 - 09:23
    -1

    Posted 7 hrs ago and no response from OP to the pertinent questions

    • Euphemistic on 12/12/2023 - 10:22
      +2

      7 hrs is not an unreasonable timeframe for a response especially as it was likely a post before bedtime.

  • bobbified on 12/12/2023 - 09:54

    Despite this, the insurance company continued to pursue me for $12,000 initially, claiming damages. A decade later, they maintain a liability dispute, suggesting a "each bears own costs" scenario.

    What has happened in the last 10 years? I'm assuming it's gone to debt collection and you've been getting many phone calls. I've got so many questions herebut there's so little info.

    Assuming you didn't have insurance, write out a statement, in point form as a series of facts, submit to RACV (assuming they are the other party's insurer) using their formal complaint's handling procedure asking for a review of liability. If they deny that, then submit a case with AFCA and go from there.

    • Shahzz on 13/12/2023 - 01:26

      Do I email them back, asking a review of liability?
      whats AFCA?

  • sumyungguy on 12/12/2023 - 09:58
    +6

    Please request removal, I'm concerned for your mental health and you won't benefit from OzB forum comments.

    • Shahzz on 13/12/2023 - 01:12

      Hahah

  • DashCam AKA Rolts on 12/12/2023 - 10:04
    +2

    Posted and ghosted.

    • Nugs on 12/12/2023 - 10:04

      classic Shahzza
      .

      • Shahzz on 13/12/2023 - 01:13

        Haha Naah I am here.

  • Duckie2hh on 12/12/2023 - 10:29

    MS Paint or it didn't happen

  • GordonD on 12/12/2023 - 10:30
    +3

    A liability dispute is where some official document or decision points one way, but the insurance company has some evidence, like a witness statement, that convinces them of the opposite. So they have decided to stick to their decision that contradicts the official document or decision.

    What it sounds like in this case the court decision is that the OP didn't run the red light, but they have a convincing witness statement or something else that says he did.

    The other driver's insurance company wants to OP to pay to fix the other car. The OP wants them to pay to fix his car.

    The OP is being offered a choice. Accept the offer the insurance company is making for each side to bear their own costs and consider the matter settled. Or hire a lawyer, sue them and take the risk that he'll lose, in which case he'd be up for what the insurance company says he owes them, plus both sides legal costs.

    The OP's choice is to agree, refer it to whatever insurance industry ombudsperson is available, or lawyer up and take it to court.

    • jumpypotato53 on 12/12/2023 - 13:07

      I assume the other party insurance haven't taken legal action and is just using debt collectors to chase the debt. OP should change their phone number, move on and ignore them or lawyer up like mentioned above. Don't hang onto it, as OP noticed it is not good for you mental wellbeing.

    • Shahzz on 13/12/2023 - 01:31

      Insurance has nothing except for their client words. The second party on the scene of accident told the police I was on the wrong.
      I was 20 years old and had only arrived in Australia. It was my first month in Australia and was very nervous and my english was terrible. I was too scare and to be honest i thought I was going to Jail.

  • tsunamisurfer on 12/12/2023 - 12:07
    +3

    leading to severe stress and trauma.

    1942 Trauma - I had to fight on the Kokoda trail, severely outnumbered, low on ammunition, low on food, low on water, disease and hunger going through the corp.

    1966 Trauma - I had to fight in Long Tan, severely outnumbered, flanked on 3 sides, low on ammunition, casualties piling up around me.

    2023 Trauma - I got an insurance claim denied.

  • Almost Banned on 12/12/2023 - 12:30

    If neither side has commenced proceedings yet they may be unable to as the limitation period in negligence is generally 6 years IIRC.

  • Kremleen on 12/12/2023 - 12:58

    OP, Please answer:

    1. Who did RACV insure? You or third party?
    2. What is $12000 for? Cost to repair third party or cost of repairing your vehicle RACV issued but now trying to claw back?
    3. The $12000 being pursued, is it from RACV or debt collector?
    4. Have you talked to a lawyer to support your case against this claim?
    5. What resolution has RACV provided for this dispute?
    • Shahzz on 13/12/2023 - 01:20

      I did not have an insurance. RACV is the third party insurance.
      12000 was for the demage to the the other car Not mine.
      12000 was Racv Asking me to pay and also it went to debt collector later
      No I have not. So the day I got my final hearing from Court. I got a phone call from Debt collector asking for the 12000 again and I had informed them about the court hearing. They Stopped calling me afterwards. And I had to go overseas forquit some time losing my emai data and Claim numbers etc. It was recently that I found the documents and contacted the Insurance. Luckily they stil had the file open.
      They said Each party pay for there own.

      • brendanm on 13/12/2023 - 23:38

        They said Each party pay for there own.

        Then you have nothing to pay, what's the issue?

  • doctordv8 on 12/12/2023 - 13:55

    Start with the basics. Don't stress unnecessarily.

    Grab all your documentation you still have, go see a Law Firm for an initial sit down.

    Some will even give a freebie for first or basic consultation.

    Seems straight forward - find all the facts first, but perhaps independently is not the way.

    Worry (or no)t later when you have the support of knowledge behind you.

    • Shahzz on 13/12/2023 - 01:23

      Thank you for the encouraging words.
      I am not fussed. but what annoyed me the most was they belived on there client storey and police gave me a fine without even checking the cameras.
      They kept asking for 12000 without checking the fact and now that I have the prove that I did not cross the Red light. They are saying its a liability issue and conflicting stories from each party.

      • doctordv8 on 13/12/2023 - 22:02

        Do you have to be the one to supply Proof?

        Innocent until proven Guilty still stands, doesn't it?

        Good luck.

  • angywoo on 15/12/2023 - 12:43

    just say no.

    The courts ruled that you did not go through a red light. Does this mean that the other party was at fault?

    I'd be taking that information from the courts as your proof, to the police station and would ask them how to remove the incorrect fine/ticket from your driving record.

    Then I would go to the other party's insurance company with the above and tell them that they are in fact liable to cover the costs to your car as the other party made a fraudulent statement as proved by the courts when they said that you didn't cross the red light.

    The fact that the insurance company have said "each bears own costs" says to me, that they know they don't have a leg to stand on based on the information you have provided and it is their last ditch attempt to recover some of their costs.

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