Insurance Disputes
Sometimes, claims can be brought to cover physical damage caused to property, including homes and contents and motor vehicles.
Traditionally, the word “damages” refers to claims for compensation arising from incidents such as a fall in a supermarket, or an incident on public transport. This is not the type of damage we are referring to here.
What Kind of Damage?
This section of the site discusses claims for physical damage caused to property, including personal and real property. The damage may be as the result of a natural disaster, or because someone else was negligent, or for any other reason.
Specific examples include flood damage caused to homes, or damage caused to cars as a result of a motor vehicle accident. If you have insurance, these types of claims generally involve negotiating with insurance companies, which can be a very time consuming and frustrating process. Insurance companies are often notorious for dragging claims out, or rejecting claims unfairly. So, even if you have filed a claim and been rejected, don’t give up.
What kind of compensation can I expect?
Property Damage
Motor Vehicle Damage
Motor Vehicle Damage
Damage caused to Motor Vehicles through incidents on the road are a common everyday experience. However, making a claim through an insurer can be a time consuming process. Read on to find out how PK Simpson can help you to file a claim, and advocate on your behalf.
How Can We Help?
At PK Simpson, we can help you file a claim to cover any expenses accrued from property damage, and can negotiate with insurers on your behalf to provide the best outcome for you.
We pride ourselves on resolving legal issues on behalf of everyday Australians. We offer a no win – no fee service, ensuring that you can afford the advice and representation that you need. Call us today on 1300 757 467 for more information on how we can help.
DISPUTED CAR INSURANCE CLAIMS
There are many steps in the process, and dealing with insurers can be time consuming and frustrating. PK Simpson can help you by negotiating on your behalf, ensuring you get the best outcome.
Claims Process
The first step is to obtain two quotes from different repairers that cover both labour and parts. If the car is damaged to the extent that it cannot be repaired, you can obtain an estimation from a panel beater or other expert valuer of the cars value pre-incident.
The next step is to send a letter of demand to the owner/driver of the car and their insurer asking for payment. You should attach the quote, and give them a specific time frame in which you expect response. You may wish to seek legal advice at this stage. At times, for example, where involved in a hit and run, you may not know who the driver was, or have obtained the details of their insurer. At PK Simpson, we can conduct an investigation in order to obtain this information for you. On the other hand, if you have received a letter of demand, we can help to draft a response for you catering to your needs.
Going to Court
Where the party at fault fails to pay within the time specified, you may wish to proceed to court. There are strict time limitations in bringing an action for motor vehicle damage to court. Again, we advise that, especially if you are considering going to court, you seek expert legal advice. Going to court can be time consuming and stressful, and having a lawyer with expertise in this area will help take a lot of the stress and confusion out of the process.
Alternatively, you may be able to lodge a dispute with the Financial Ombudsman Service, if the claim is for $3,000 or less and the other party has insurance.
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Frequently Asked Questions
A: No matter who you nominate in your insurance policy as someone with permission to drive your car or how much coverage your car insurance policy offers, you are the one who pays if the driver is at fault in a traffic accident.
A: If you have a traffic accident and you are not insured and deemed at fault by the other driver and their insurer, you will be expected to pay for all damage. This could mean thousands of dollars out of your pocket, so if you believe the traffic accident was not your fault, you better get a PK Simpson lawyer soon.
A: If you don’t pay an insurance claim against you, the insurance company can ask you to pay the debt, and if that fails, they can pass on or sell your debt to a debt collector. Be aware that this debt can affect your credit rating. If you believe you were not at fault and/or were injured, call PK Simpson for advice and help with traffic accident personal injury claims.
A: If you think someone else is liable for the traffic accident, give all the details to your insurer, who will claim any damage through the other person’s insurance. If your car is repairable, most insurance companies organise an assessment and have preferred repairers. Check your policy.
A: Contact your insurer and lodge a claim, giving them your details, the other vehicle and the driver’s details, and tell them what you know about how the accident occurred. In NSW, you can use SIRA’s CTP Connect form or call 1300 656 919 to be connected to CTP Assist or email ctpassist@sira.nsw.gov.au for further assistance. Those in other states can contact their accident authority. Call PK Simpson lawyers if you’re having trouble with the insurers or were injured and need to claim personal injury compensation.
A: If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident, you don’t need to call the police but move the damaged cars if possible.
Never admit responsibility, even if you think you were at fault. Collect the other parties’ names, addresses, registration numbers, and insurance details and get witness details if possible.
A: In NSW, the time it takes to make a motor vehicle accident compensation claim varies depending on the complexity of the claim and the cooperation of the other parties involved. However, most claims take between 1 and 3 years to resolve due to medical treatment.
A: The time limit for making a motor vehicle accident compensation claim in Australia varies depending on the state or territory in which the accident occurred. In New South Wales, the time limit is three years from the date of the accident.
A: In general, you have three years from the date of your injury to make a personal injury claim in Australia. However, there are some exceptions to this rule, such as if you were under the age of 18 at the time of the injury, or if the injury was caused by medical negligence. It is important to note that the time limit for making a personal injury claim can be complex, so it is always best to seek legal advice as soon as possible after your injury. A lawyer can help you to understand your legal rights and options and can ensure that your claim is filed within the time limit.
A: PK Simpson will fund your claim. Claimants will not have to pay any upfront costs at PK Simpson as we have a no-win/no-fee basis. This means that we only charge fees if you are successful in your claim.