Thread: Advice needed - they want to write off my Defender

Originally Posted by TasD90

I am not sure why your insurance company is involved . You will either be suing you neighbour who contracted the painters to do the work or suing the painters themselves, or their company, for the damage done. If neither of them admits liability then its a civil matter in court. The problem of the car being written off doesn't apply.
Peter.

^ that

In NSW and Victoria, a hail damaged car is a special category that can be reregistered by the owner of the vehicle prior to the damage and write off by insurance and then on sold.

I know my insurance company wanted 30% of the write off value of mine.

In Victoria I think they charge something like $800 for a mandatory inspection but in NSW I am pretty sure they don't.
Regards PhilipA

Having just been through a write off with my daughters jeep we had the option to withdraw the claim anytime up until it was settled. I would be withdrawing the claim and pursuing other means to get the vehicle repaired.

Regards,
Tote

Originally Posted by TasD90

I am not sure why your insurance company is involved . You will either be suing you neighbour who contracted the painters to do the work or suing the painters themselves, or their company, for the damage done. If neither of them admits liability then its a civil matter in court. The problem of the car being written off doesn't apply.
Peter.

Interesting. Are you saying that's the only avenue that should have been pursued, or that it's the better one? They're involved because I called them the day I learnt of the incident to report damage to my vehicle that is covered by them. It never occurred to me that I should pursue the matter on civil grounds and that it wasn't an insurance matter. And my insurer didn't say anything to indicate they had any concerns. I pay a good chunk of money for someone else to accept risk of damage to my vehicle, and I don't normally think along those legal lines. Always think of it as somewhat 'un-Australian'... Obviously I'll head down this path if I get no joy in the next few days.

Originally Posted by Tote

Having just been through a write off with my daughters jeep we had the option to withdraw the claim anytime up until it was settled. I would be withdrawing the claim and pursuing other means to get the vehicle repaired.

Regards,
Tote

I'll absolutely be doing that if I get nowhere in the coming days. The car is still in my possession, and the claim is FAR from finalised despite the heavy language they're using.

I'm going to give them time to respond to my queries around the fact that they know where to seek reimbursement, and it therefore shouldn't lead to a loss at my end. If I luck out there I'll engage a solicitor.

Hi jc, I am surprised that it is covered under your policy, normally just accidental (crash) damage I would have thought thou I may be wrong. It is certainly not Un-Australian to go the legal course, it is your right. I think you are being a little too kind. A third party has damaged your vehicle so they are accountable and need to rectify the situation. What are the neighbour's thoughts?
Peter.

Originally Posted by TasD90

Hi jc, I am surprised that it is covered under your policy, normally just accidental (crash) damage I would have thought thou I may be wrong. It is certainly not Un-Australian to go the legal course, it is your right. I think you are being a little too kind. A third party has damaged your vehicle so they are accountable and need to rectify the situation. What are the neighbour's thoughts?
Peter.

It's a rental, and I've not yet had a chance to speak with the faceless owners. I'll be chasing that up tomorrow once the agent is open for business.

I'm no legal beagle nor privy to all the facts but...
I'd suggest the insurance company has approached the painters and found them to be just a couple of fellows, of no means, who were doing a cashie.
The homeowners can claim the job was being done, under contract, relieving them of responsibility. (Legal advice to confirm or deny required)
With little chance of compensation, the insurance company has taken the tack of encouraging you to withdraw the claim. Win/win/win for three parties, bad luck for you.
Like Des, cynical moi.

It would be classed as an economic write off, not statutory, hence re-registerable.