Public Defender: Insurance won’t cover damage to a car, what happens now?

LEADING law firm Brydens will answer all your legal queries. Post your questions in the comments section and get the advice you need.

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FROM 1pm to 2pm today leading law firm Brydens will answer your legal queries.

Below, Brydens addresses a Public Defender reader’s question about the nature of insurance.

But you don’t have to ask about insurance.

Post a question by going to the comments section below.

For example, last week

Cathy asked: My neighbour’s roof came off in high winds and hit my car, causing $2785 damage. My insurance doesn’t cover it and my neighbour’s home and contents insurer apparently won’t cover it either. Can I dispute this and if so how?

Brydens answered: We presume you are not comprehensively insured. A comprehensive insurance policy will normally cover such an event. Your neighbour will be held to be liable if you are able to prove that the damage to your vehicle was occasioned by your neighbour’s negligence. The sorts of matters that will be considered include whether your neighbour was aware that the roof of his house was likely to come off in high winds because of the state of the maintenance. This will require some expert evidence. We would suggest that you send a letter of demand to your neighbour along witha quote to repair the vehicle giving him 14 days to make payment and threatening action in the Local Court Small Claims Division. Suggest to him that he may wish to forward this to his contents insurer. They might be inclined to settle if litigation is threatened.

THIS legal information is general in nature and should not be regarded as specific legal advice by Brydens Lawyers or being relied upon. Persons requiring particular legal advice should consult a solicitor.