How to deal with Property Damage in Queensland?

How to deal with Property Damage in Queensland?

27 August 2021

I’ve smashed my car in an accident and it’s my fault. What can I do?

If you have been involved in a car accident, we hope that you or anyone is safe and not injured.

If anyone is injured due to your fault, for example, passengers in your car and the other car, they may be eligible to make compulsory third party (CTP) compensation claims against your CTP insurance company. 

But what about your car and the other party’s car damage?

 

1. At-Fault Party

 

1.1 I only have third party insurance

If you have third party insurance, you may lodge a claim with your third party insurance company. However, you would be liable to pay the excess fee and they would only cover the costs for the other party, not you.

Before claiming through your insurance, it might be a good idea to compare your excess fee and the potential repair cost to see if it’s worthwhile.

 

1.2 I have comprehensive insurance

If you have comprehensive insurance, you may lodge a claim with your comprehensive insurance company. However, you would be liable to pay the excess fees.

Once you have paid the excess fee, your insurance company will pay both sides’ car repair fees.

 

1.3 I do not have car insurance but other side has car insurance. What does that mean?

Under such circumstances, the other party would normally claim with their own insurance company. Their insurance company will then recover all costs (repair costs and car rental expenses) from you, instead of the excess fees.

If you have received a letter of demand from the other party and do not know how to respond, contact Ascent Lawyers immediately to seek legal advice.

 

1.4 I do not have car insurance, other side does not either

You have to pay for everything yourself, including yours and the other party’s.

 

2. Claimant

My car is damaged but it wasn’t my fault. What can I do?

If you have been involved in a car accident, we hope that you and anyone are safe and not injured.

If you are injured due to someone else’s fault, you may be eligible to make a compulsory third party (CTP) compensation claim. For more information, please see.

To resolve the issues regarding your car damage, depending on whether you or the other party has insurance, you may be one of the following:

 

2.1 The at fault party has car insurance

If this is the case, you need to obtain the claim number and contact the insurance company directly to arrange a car repair and rental car.

It is recommended that you take the initiative to contact the insurance company closely to avoid any delay.

 

2.2 You have car insurance, but the at fault party doesn’t have car insurance

You can lodge a claim with your own insurance company. Since you are not at fault, you would not be liable to pay excess fees.

Your insurance company will pay for your repair and rental costs according to your policy. Your insurance company will then recover all expenses from the at-fault party.

 

2.3 I don’t have car insurance. The at fault party does not have insurance either

This is the most complicated situation as you will have to recover the loss from the at-fault party directly. You can do this by sending a letter of demand.

If you require assistance in sending a letter of demand, contact Ascent Lawyers immediately to seek legal advice.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.

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