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

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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
John Melis
10+ years of experience

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.

John Melis
72976 Satisfied customers
10+ years of experience
John Melis
10+ years of experience

72976 Satisfied customers




31,131 Satisfied customers

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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.

Just to clarify no other vehicle was involved. I have been in touch with manufacturer of vehicle and waiting on response, thanks for advice
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