- May 6, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
Our son was involved in an accident several months ago, for which he was at fault. The accident involved three other cars. We filed a claim with our comprehensive insurance, paid the excess, and provided the necessary information to the other parties involved. While the insurance took care of our car and two of the other vehicles, one of the parties encountered difficulties in reaching a settlement with the insurance company.
## Current Challenge
Several months later, our son has received a “statement of claim” from the NSW Local Court for a significant amount, with a deadline of 28 days to submit his defense or face a default judgement. Despite our attempts to involve the insurance company in resolving the issue, they have indicated that since our son is not the insured party, he will need to hire a lawyer and address the claim independently.
## Confusion and Concerns
We are perplexed as to why the damage to the third party’s vehicle is not covered under our comprehensive insurance policy. Additionally, we are puzzled as to why our son is being directly sued when we have insurance coverage. This situation has left us disillusioned with the belief that insurance would provide full protection in the event of an accident.
## Possible Solution: AI Legalese Decoder
In this challenging situation, AI Legalese Decoder can be a valuable resource to navigate the legal complexities and understand the intricacies of the claims process. By utilizing AI technology, you can receive instant insights and guidance on how to proceed with the defense against the claim. The AI Legalese Decoder can help demystify legal jargon, analyze the implications of the claim, and provide recommendations on the best course of action to protect your son’s interests.
## Seeking Support and Guidance
As we contemplate the possibility of our son declaring bankruptcy to address the claim, we are seeking advice on the most suitable course of action. Our son’s mental health and well-being are of utmost concern to us, and we are eager to find a resolution that alleviates his stress and anxiety. We welcome any assistance and guidance in navigating this challenging situation and ensuring the best outcome for our son.
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****** just grabbed a
Was he a listed driver?
If so, he should be covered, go back to the insurance company and escalate the issue.
And then there’s:
https://www.afca.org.au/make-a-complaint/insurance
“*he is not the insured party he’ll need to hire a lawyer*”
Sorry, who is “he”? Your son or the other party? If you mean your son, how can he not be covered by your insurance for 2 cars but not the 3rd – provided they were all the same collision. You need to go back to the insurance company for this answer.
I would not be rushing to bankruptcy as this will have longer term impacts on your son’s borrowing ability for years to come. Sounds like you might need to consult a lawyer.
I do not understand this. If your son was driving and the insurance company accepted the excess and you clearly identified your son as the driver on the claim, then the insurance company has to deal with this. You don’t give what they said to you why he is not now covered. Either you are missing some important information or the insurance company are being unreasonable and operating outside their terms and conditions..
Make a formal complaint to their IDR and mention if they don’t resolve this to your satisfaction you are going to AFCA.
I would have said back to them he is the insured party because you paid the claim fully knowing he was the driver.. get any decision in writing.
If he wasn’t the insured party, why did they pay the claim in the first place? Doesn’t make any sense .
Good luck with the insurance once they make a decision they won’t change or help. I had a similar thing happen to me lost about 100k wasn’t sued but had debt collectors after me for the other people’s cars. All because I wasn’t a listed driver on the policy. Alliance cancelled everything including my mums car insurance policy.
I didn’t end up doing bankruptcy just was able to get my mum to refinance her house for the 100k so I could pay it off. As an 19 year old paying $300 a week to nothing did suck but it’s what I had to do If I had my time over again that young I would have gone bankruptcy. I would just recommend talking to someone that has done it before to know how it all works.
Tip: if you do deal with some sort of debt collector make sure you bargain with them on price they will lose a few bucks just to have you agree to paying it back. The BMW I hit was 40k and I ended up paying 32k after bargaining.
100% it sucks but sometimes the cheapest insurance deal isn’t always the best 🙁
READ THE PDS that no one does lol
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Definitely bring this back up to the insurance company and i wouldnt worry about his name being on the letter too much, they have to put his name on it because he was the person who caused the accident and have to send to him but that does mean he has to pay the bill.
In this case im starting to think the TP most likely had an extremely overpriced repair or got a over priced hire car or for way longer than needed.
But end of the day the insurance company depending on your PDS should cover the legal cost up to a certain amount
I recommend calling them on monday and if they dont agree call AFCA staright away