Pedestrians rights - insurance claim

liberator
Posts: 1
Joined: Fri Feb 26, 2016 6:31 pm

Pedestrians rights - insurance claim

Postby liberator » Fri Feb 26, 2016 6:43 pm

Probably the wrong forum to be asking… over 18 months ago I was out walking my dog on the advice of my doctor to help with my depression. I was walking my dog along a footpath towards a public car park which has an obstructed view in and out of the carpark – large hedge blocking the view. I was fighting with my dog, looking down at her trying to get her to heal. A car exited the car park at speed, nearly running me and my dog over. I reacted instinctively and kicked my foot up towards the car. I then went around to the driver and called him an idiot because he nearly ran me and my dog over. He yelled abuse at me and then I ran off – I was scared. He then followed me called me an arsehole. I said I’m going to the police which I did and he followed in his car following me. Told the police what happened. Driver said I kicked his door. I never saw that damage and I don’t even know if I’d made contact, it was a split second reaction,. Police did not charge either of us.
Sim months later the RACV sends me a bill for $1400 or so dollars for the malicious damage I was alleged to have made to the drivers front left hand door. I wrote back contesting this claim and the bill they sent. Noted the driver failed to give way to a pedestrian as is the law. They never provided any evidence of the damage – they said the quote/invoice was the evidence. I checked the invoice it had the wrong car on it – RACV said it was a Suzuki D-Max, The repairer said it was a 2 door Holden rodeo. I found charges for repairs totalling more than $400 that did not relate to repairs to the left hand door. There were invoiced repairs to the right hand side and rear of the car. They invoiced the RACV for $470 for a 2nd hand door. I got quotes for a new door that was only $250, I pointed out all the fraudulent repair charges, the quote I obtained for the door, and the fact the bill had the wrong car on it. Their response tough titties, you’re liable,- were going to reissue the invoice and correct all the errors… and you have to pay. I still haven’t seen a photo of this damage I’m alleged to have caused, the invoice is supposed to be the evidence according to the RACV. Not sure if it’s worth fighting anymore. This whole situation has restarted my depression I was getting better and had come off my meds and now I have to go back onto medication where so I stand on this

allde
Posts: 740
Joined: Sun May 13, 2012 12:46 pm

Re: Pedestrians rights - insurance claim

Postby allde » Fri Feb 26, 2016 7:50 pm

Sounds like a insurance scam, see if there was a police report on the incident, and if yes ask for a copy.

Hardy
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Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Pedestrians rights - insurance claim

Postby Hardy » Fri Feb 26, 2016 8:11 pm

I believe that when someone else stuffs up you should never tell them they have stuffed up, cos they are not going to agree with you anyway. Telling them where their weaknesses are merely helps them get their case in order prior to presenting it to the Magistrate. Your job is to win the fight in court, not help them prepare their case for court. Anyway, all you can do now is sit back and see what their next step is.


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