Friday, March 11, 2011

A legal wrangle without a lawyer on side

in September last year, I was involved in a car crash. My vehicle was a 1992 Mazda 929 which I liked very much. It wasn’t worth a lot so I had it insured for just $2,000. The other car involved was a late model Honda Civic and it sustained considerable damage to its front. Both cars were towed away and I made a police report and an insurance company report online that day.

My insurance company wrote my car off and sent me a cheque for the balance of the $2,000 after taking out my $350 excess. I heard no more about the matter until February this year when I was served a General Procedure Claim from the Magistrates Court of Western Australia claiming the amount of $18,536. This came when we were under a lot of stress when my wife’s health was rapidly deteriorating.

I didn’t know whether it was a personal injury claim or vehicle damage claim. I rang the State Third Party Insurance Office and they assured me that if it were a personal injury claim they would have paid it out. My insurer told me that if the other party made a claim against my policy then they would pay it out.

The claim against me was by the driver’s wife who was not in the car and was not the registered owner???

The law firm serving the notice is in Queensland, so I emailed them to find out why his/her insurance firm had not made a claim against mine. Several email exchanges took place and eventually I was told not to worry about the matter as they had contacted my insurer and a cheque had been drawn and when they received it they would stop the court action.

I asked the law clerk with whom I had been corresponding what it was all about. She replied with...

'I reassure you that both parties involved in the incident were fully insured, this is merely a tactic that the insurance companies use to extract payment from each other, by using the right of subrogation in the Insurance Contracts Act. Rest assured it is being dealt with and I will personally ensure that it is finalised and will let you know the minute I receive payment from RAC.'

Payment was received and the Notice of Discontinuance has been made...whew!

2 comments:

Anonymous said...

At least your life iss never dull KEV. HAZEL AND I WENT INTO FREM. FOR lunch at Notre Uni food hall then went on to Elizabth's book sshop just what i need more books, WQe got int the car and it wouldn't turn over at all , flat battery we thought. We sat on the grass for a while and Hazel still couldn't srtit. we waited for the RAC , HE TOOK FOR EVER , LIKE OVER AN HOUR OR MORE, HAZEL COULDN'T REMEMBER HOW TO GET HOME AND RELIED ON ME. HAD WOULD HAVE LAUGHED At megiving directions,,,what a day. it started with tilly running away down the road after a cat, then I trod on a needle. lucky i had shoes on now the needle is bent and i have an infected eye.every thing that happens is meant to happen for a reason according to the buddist belief; how was your day/? IT HAS ONLY BEEN AWEEK KEV' YOU ARE DOING WELL. YOU ARE STRONGER THAN YOU THINK, MARG.

Anonymous said...

It was a terrible thing they did to you Kevin. I'm glad it was sorted.