We are having issues with a car inusrance claim. I was involved in not at fault accident on Saturday, as we were

Expert's Assistant chat
Customer: we are having issues with a car inusrance claim. I was involved in not at fault accident on Saturday, as we were travelling along the freeway and with no other outside impact, the bonnet flew up, hit my windscreen, smashed it and damaged two outside panels as well. The fault really lies with either KIA, the car is only 3 years old, under new car warranty or the service repairer who did a service the day before, however he has footage that the bonnet closed correctly, and it was closed for sure when we left and no warning light came on....just wondering where to turn as the service guy said it would be for the insurance company to attribute blame, however they won't do anything unless the excess is paid, so I am not sure where to go!
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: NSW
JA: Have you contacted the seller or manufacturer?
Customer: No, wasn't sure what to say....the seller was a second hand car dealer, we bought the car about 12 months old, however it is under the new car warranty still, but I have not contacted KIA
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not that I can think of
Answered by John Melis in 31 mins 1 year ago
imglogo
John Melis
10+ years of experience
logo

72976 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
John Melis
logo
logo
72976 Satisfied customers
logo
10+ years of experience
imglogo
John Melis
10+ years of experience
logo

72976 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

I appreciate the fault lies with the other vehicle. What I suggest you do is review your insurance policy, terms and conditions, and where the insurance company is not working with you to resolve this issue in a timely manner, you may commence proceedings in the tribunal, NCAT.

​The New South Wales Civil Administrative Tribunal “NCAT” is perfect for meditating disputes. It brings the parties together to discuss the issues.

I invite you to start with Fair Trading first. In most cases, at mediation, the matter will settle.

If you need to go to the tribunal, the document you file in the tribunal is the points of claim.

Draft the complaint in numbered points. Detail the issue and what action you have taken to resolve the matter.

The following link will assist you. http://www.ncat.nsw.gov.au

There are help menus on the website that will assist you with the application.

After lodging your application, you will receive an email from the tribunal. That email will explain the next steps.

Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

Customer
Just to clarify no other vehicle was involved. I have been in touch with manufacturer of vehicle and waiting on response, thanks for advice
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer