Sued after Car Insurance Claim? Unravel the Legal Jargon with AI Legalese Decoder!
- August 16, 2023
- Posted by: legaleseblogger
- Category: Related News
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Heading: Background and Current Situation
Original Content:
A few months ago my dad was reversing a trailer into the driver way (at night so it was dark) with hazard light blinking, and my mom standing watch. During his reversal into the drive way another vehicle drove into the front side of his car about where the front tire is. A claim was filed with our insurance (NRMA) to which my dad was found to be at fault. My dad however hadnÔÇÖt realised they had been trying to contact him and it wasnÔÇÖt till last week we received a letter from the other partyÔÇÖs lawyer requesting $6k for damages within 7days. We got in contact with NRMA and paid off the excess and informed them of the current situation. NRMA said they will look into the letter from the lawyer, but now their lawyer has sent another letter asking for $1k more than the previous amount as it has now gone over the 7days and they may have filed for local court (IÔÇÖm a bit unclear).
Expanded Content with AI Legalese Decoder Assistance:
Heading: Background and Description of Accident
A few months ago, in the dark of night, my father – with hazard lights blinking – was reversing a trailer into our driveway. My mother was diligently keeping an eye on the surroundings. To our surprise and dismay, another vehicle collided with the front side of our car, specifically where the front tire is located. Immediately following the accident, we promptly filed a claim with our insurance provider, NRMA.
Heading: Determination of Fault and Contact Issues
Unfortunately, our insurance investigation concluded that my father was found at fault for the accident. This decision was somewhat perplexing to us, but in order to expedite the resolution process, we proceeded to pay the required excess fee as advised by NRMA.
During this time, my father remained unaware that the other party had been attempting to contact him. It was only last week that we received a letter from the other party’s lawyer, demanding $6k in damages within a strict seven-day timeframe. Realizing the urgency of the situation, we promptly reached out to NRMA, settled the excess payment, and provided them with an update on the current developments. NRMA assured us that they would review the letter from the other party’s lawyer.
Heading: Increased Demands and Legal Proceedings
Regrettably, we have now received another letter from the other party’s lawyer, increasing the demanded amount by an additional $1k. The seven-day timeframe mentioned in the initial letter has surpassed, and there is mention of a potential filing for a local court case, although the details regarding this aspect remain somewhat unclear to us.
Heading: How AI Legalese Decoder can Assist
In this stressful situation, one possible solution that may greatly aid our understanding of the legal proceedings and assist us in navigating this complex situation is leveraging the capabilities of an AI Legalese Decoder. By utilizing this advanced technology, we can ensure that we fully comprehend the legal jargon and intricacies involved in the correspondence and potential court case. The AI Legalese Decoder can provide us with clear and concise explanations, helping us make informed decisions and effectively communicate with NRMA and the other party’s lawyer.
Heading: Additional Details and Concerns
To shed further light on the circumstances surrounding the accident, there are a few crucial points that should be taken into account. Firstly, our confusion regarding the determination of fault lies in the citation of “ROAD RULES 2014 – REG 296” by NRMA. This regulation outlines the rules for driving a vehicle in reverse, emphasizing the driver’s obligation to reverse safely and reasonably according to the circumstances. It is possible that the accident description may have inadvertently portrayed my father as careless or in violation of these rules due to poor wording.
Furthermore, it is important to note that my father is 70 years old and English is not his first language. Additionally, his familiarity with modern technology is limited, resulting in his failure to check his emails or return missed calls from the other party during the initial stages of communication.
Another factor to consider is the nature of the vehicle my father was driving at the time of the accident. It was a large, old 4WD, which, due to the incurred damage, had to be sold to a smash repairer just one week after the incident. Given that my father relies on his car for work as a sole trader, this loss further compounded the impact of the accident.
Lastly, it is worth mentioning that my father’s insurance policy expired approximately one month after the accident. We only became aware of this once we visited a brick and mortar NRMA store last week to discuss the situation. Fortunately, the store assistant promptly canceled the policy on our behalf, and advised us to forward the initial letter from the other party’s lawyer to NRMA. Assured that the matter was resolved, we were taken aback by the receipt of this second letter, which has caused significant distress for all involved parties.
Update:
Heading: Recent Developments
For those who are interested, we recently visited NRMA with the second letter in hand. Upon discussing the matter with NRMA, we were informed that they are actively looking into it and requested us to forward any further correspondence related to the case. The necessary excess payment has already been made, providing us some peace of mind. We extend our gratitude for all the valuable inputs received thus far, which have tremendously helped us navigate this challenging situation.
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****** just grabbed a
Send everything to your insurance, it is up to them to deal with all legal matters. Annoying, but it is a normal procedure for lawyers to be involved. But your insurance will deal with everything.
How is he even at fault considering the other person has eyes and a duty to watch out for vehicles in the way? Serious question.
Reversing, will get you every time.
Reversing a vehicle and the law
In all states, the road rules clearly state that a driver must not drive a vehicle in reverse unless it is safe to do so. The law also states that drivers should not reverse a vehicle any further than what is reasonably required.
In an insurance liability setting, the driver who is driving in reverse is automatically deemed to be the at fault driver, regardless of other circumstances (ie: other vehicle illegally parked, forward moving driver moving at speed, etc).
If he was reversing, he must give way to all traffic. HeÔÇÖs at fault. HeÔÇÖs being sued because he didnÔÇÖt pay the excess, therefore his insurer could not represent him and the third parties only option to receive compensation is to go to court.
Unfortunately, youÔÇÖre Dad is now liable for any additional costs due to the litigation. There would have been lots of correspondence advising him
of this before it got to this point.
How did this actually occur and how was your dad found to be at fault?
ItÔÇÖs no surprise the TP has sought recoveries given they donÔÇÖt have insurance and were deemed not at fault, but IÔÇÖm confused as to why your dad wasnÔÇÖt getting in contact with NRMA and didnÔÇÖt initially pay the excess?
If TP details were provided then NRMA should be managing this claim regardless of recoveries seeking $7k. ThatÔÇÖs why you pay for insurance and excess.
Again though, super keen on understanding how TP was not at fault. Perhaps intentional.
Your dad pays NRMA to deal with this stuff on his behalf.
Send everything to them and let them handle it.
To me it sounds like the other party is at fault but let NRMA do the work.
Other party is at fault. Has no insurance. So chases a ghost by hiring a no win no fee lawyer to try get money to repair their car.
Your father should not be at fault and I would advise to not have any contact with the lawyer and let your insurance sort it out.
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Just let your insurance handle it. Letters from lawyers are typically more about intimidation than actually having a solid legal basis. My advice would be to inform the lawyer that you’ve passed the information onto your insurance and give contact information of the claim. The lawyers won’t want to do anything, but wanting money and having a claim are two different things. Particularly if you gave the other party insurance information and they’ve had the ability to sort things out that way, they don’t have much cause to add on late fees and legal fees.