Letter of Demand for car accident

Discussion in 'Coffee Lounge' started by AdviceSeeker, 22nd Aug, 2010.

  1. AdviceSeeker

    AdviceSeeker Member

    Joined:
    22nd Aug, 2010
    Messages:
    4
    Location:
    Melbourne, Vic
    Hi,

    I received a letter of demand from "Lumley Insurance" for a vehicle damaged as a result of an accident caused by me. This is 100% false, because I was in a hopsital for my ear operation on the day of the accident. I called my car insurance AAMI to report this matter, and they said that I have to pay an excess around $550 for the investigation. If they find that I was not involved in a car accident, then they would give me the money back. I also went to the police station to report this matter, and the police officer cannot find a report made for the car accident. My aunt said that she saw the victim came over to our neighbour house (I live in a flat with 4 units) in regards to the car accident. I think the offender have purposely gave him my car registration number to the victim, because his car was not insured. My car is insured under third party. Should my aunt be the witness of this incident? Should I take a photo of his car? Should I park my car in the garage in case he damaged by car? Any advice is appreciated.
     
  2. luckyone

    luckyone 2 down 8 to go.

    Joined:
    1st Jun, 2004
    Messages:
    1,033
    Location:
    No man's land
    Can't you just get a letter from the hospital that you were in saying that you were in hospital that day and the times that you were there? You could then take it to the police or Lumley Insurance and hopefully avoid going through your insurance and paying the excess.
     
  3. Ace in the Hole

    Ace in the Hole Don't compete, Dominate !

    Joined:
    30th Sep, 2002
    Messages:
    2,180
    Media:
    18
    Location:
    Sydney
    If it were me, I wouldn't want to be wasting my own time on this issue.

    The easiest option is to pay the $550, fully refundable fee to your insurance co. AAMI, so they can represent you and do all the investigations.

    Someone may be getting in trouble here for giving false information, and your insurance company will probably do a good job at sorting it out for you.
     
  4. Lil Skater

    Lil Skater Member

    Joined:
    28th Oct, 2005
    Messages:
    2,323
    Location:
    Melbourne
    If the $550 is refundable and you obviously weren't involved why don't you let AAMi deal with it and lose $550 for a few weeks?
     
  5. battler

    battler Member

    Joined:
    10th Jan, 2009
    Messages:
    1,039
    Location:
    Vic
    Does your car have any damage from this alleged accident?
     
  6. Strannik

    Strannik Member

    Joined:
    15th Jun, 2006
    Messages:
    2,547
    Location:
    Brisbane
    why don't you just reply to them and tell them where to stick their letter?
     
  7. jezza

    jezza Member

    Joined:
    4th Sep, 2009
    Messages:
    300
    Location:
    melbourne
    Lil

    Some insurance companies register this as a claim, even though you were not at fault ( and in this instance not involved) it still goes on the record and can affect your future insurance years costs/premiums. That question of "Have you made a claim in the last 5 years". In this instance you would have to answer yes and that immediatley jacks the price up. There is really only 2 main insurance companies in Australia, most of them are brokers that fall under the main 2

    Jezza
     
  8. AdviceSeeker

    AdviceSeeker Member

    Joined:
    22nd Aug, 2010
    Messages:
    4
    Location:
    Melbourne, Vic
    Hi All!

    Thank you all for the prompt and helpful advice. I went to the police station, and the police office said to let my AAMI Insurance Company to deal with the problem. I have already called AAMI, so they care taking care of this, but Jezza said that it could affect my future insurance cost/premium. Maybe, I should give AAMI a call today to see what they say about it. Also get a letter from my hospital to the police station to see what they will say about it. "Ace in the Hole", what happen to someone giving the wrong information, is there a law against this, and if both the offender and the victim should pay some sort of fine for giving wrong information? It is strange to me, that the offender know where the victim live, but do not know which car hit his car? I parked my car in the garage to avoid any damage that might have cause in the future, and as an evidence if an investigation is to go ahead. The more evidence you can provide the better right? How about having my aunt as the witness in this matter, because she saw the victim coming over to my neighbour's house in regards to this incident? I was thinking of letting a solicitor to handle this problem, but this would cost me, but I don't know how much. My aunt said if I find a good solicitor he/she can fine the victim/offender for making wrong claim against other person not involved in the incident. Is that correct?

    "battler", my car was not involved in this incident, and the location of incident was in Moorabbin (I live in Melbourne, Australia). So there is no damage to my car. It is lucky that no one try to smash my car after the incident happened.

    "Strannik" they have my car registration number, therefore, they know my address and my name including other information about me, and my car.

    Jezza, what do you mean by 2 main insurance companies and what does brokers do?

    Anyway, thanks for all you help. I really appreciate it.

    Kind Regards,
    AdviceSeeker
     
  9. WinstonWolfe

    WinstonWolfe Richard Werner fan

    Joined:
    11th Mar, 2007
    Messages:
    5,426
    Location:
    bne
    Personally, I would write to Lumley Insurance saying they have been misinformed, possibly by a spiteful or guilty neighbor, and they should re-check the source of their information and that your car has not been involved in an accident. There's no need to say anything about hospital or where you were on the day.

    You might follow up with a phone call to reinforce the point, but only do it if you can communicate clearly, calmly and rationally.

    I'd be reticent to let your insurance company advocate for you. When younger, I did the same and never saw the money again.

    You won't save any time having them do it. They will ask you to fill in a lengthy report on your version and send it to them.
     
  10. vincenzo

    vincenzo World domination conquest

    Joined:
    22nd May, 2008
    Messages:
    982
    Media:
    13
    Location:
    Melbourne, Victoria
    A simple phone call or an email to Lumley would be good way to immediately inform them you weren't involved, and that you have witnesses to prove your whereabouts at the time of the incident.
    If they request for this in writing, then you can do that too, but at least you have immediately notified them and you know exactly what to include in the letter.

    As posted just above, I wouldn't bother making basically the same phone call and writing the same information in the forms of your own insurance company, plus having to hand them over $550 :confused: Possibly never to see it again! All because of a false accusation?
     
  11. skater

    skater Capitalist

    Joined:
    8th Nov, 2003
    Messages:
    9,221
    Media:
    1
    Location:
    Sydney
    This is all very strange. IF there was an accident, they you usually take details of the other party at the time. Rego, name, address, contact no, etc. If they had the address, how on earth did they NOT have the rego number? Sounds fishy to me.
     
  12. Lil Skater

    Lil Skater Member

    Joined:
    28th Oct, 2005
    Messages:
    2,323
    Location:
    Melbourne
    You're right Jezza, never actually thought about it as a claim.
     
  13. marg4000

    marg4000 Member

    Joined:
    27th Dec, 2006
    Messages:
    3,906
    Location:
    Brisbane
    I recommend you write back to Lumleys stating that your car was not involved in an accident and you have evidence you were in hospital at the time they say the accident happened and your car was garaged. Yes, an old fashioned letter is the best option as you want this to get to the right person, not a call centre.

    Once you lodge a claim on your insurance company your no claim bonus is at risk and would not be the first step in this instance. Further down the track it may be the cheapest way to sort things out if necessary.
    Marg
     
  14. Strannik

    Strannik Member

    Joined:
    15th Jun, 2006
    Messages:
    2,547
    Location:
    Brisbane
    Sure but what is it going to give them?

    Unless your car is exactly same as your neighbor's car, a brief look at the accident particulars or a face to face talk to the victim would uncover that you aren't the one responsible.

    in fact they only need to look at the rego details to realise that your car is not the one that was involved in an accident, as it would be different color/model/year etc
     
  15. bene313

    bene313 Member

    Joined:
    6th May, 2005
    Messages:
    852
    Location:
    Perth
    I'd also write a letter to Lumley.

    Then I'd write to AAMI for for a role in their next commercial singing "what about me" and your specific situation.
     
  16. catcha

    catcha Member

    Joined:
    3rd Apr, 2010
    Messages:
    103
    Location:
    Perth WA
    I was also in a simliar situation, i got a letter way back some car accident and my car was involved. My name on it was not even my some way off name but had my surname and address. I chuck the letter in the bin, next month a get a visit from a sheriff or whatever they are that hand out these notices on a SUNDAY morning. I told him it was not me and he insisted that well where could they get your address " I said white pages" he got upset and went on about how he had been doing this job for 20 years etc. Anyway I took the letter called this so called company that trying to claim damages from me in excess of $9000 called them said i was not there, work people can verify and my roster can verify I was working at the time. I questioned them on how they got hold of me. and behold whitepages..........................all solved now but a hassle
     
  17. The Fuzz

    The Fuzz Member

    Joined:
    19th Mar, 2010
    Messages:
    76
    Location:
    Adelaide, SA
    Normally insurance companies will deal with each other and do their own investigations to find who is at fault. They will look at the Police report from the crash and get details of vehicles / drivers from their investigation.

    If you dispute any involvement and there is no Police report or independent witnesses then you have nothing to worry about...contact the Insurance company and inform them that you weren't involved and neither was your car. From the info you have provided they have no evidence you or your vehicle was involved, and will not be able to put you at fault.

    If it was me, I wouldn't be paying my insurance company to investigate the matter and find who was at fault as this isn't your concern. The person at fault doesn't matter, what matters is that it wasn't you.
     
  18. AdviceSeeker

    AdviceSeeker Member

    Joined:
    22nd Aug, 2010
    Messages:
    4
    Location:
    Melbourne, Vic
    Hi all!

    Thank you all again for the helpful advice. I went to my hospital to get a letter from them, but the doctor said that he would not write a letter for me. I have to come back to get it through other means. Anway, I called my insurance today, AAMI, and they said that that I will investigate but do not charge me until if they found out if I was responsible for the accident, then I would have to pay the excess. It would not affect my rating, because my insurance is under third party not comprehensive cover. I think they said that if it was not my fault then they would reject the claim. I will contact Lumley Insurance and give them my claim number and explain the situation to them, and see what they say. I can take a photo of my car and get a letter from the hospital as a form of evidence. They are they still don't know at this stage that this matter would affect the future cost of my insurance.

    Strannik, I do not have the phone number of the victim, so I cannot call him.

    Felix, sorry to hear about your situation. Which insurance company were you with at that time?

    catcha, sorry to hear that you were in a similar situation as me. I'm glad that you resolved it without loosing your money. I am not a householder, so my name and my address would not appear in the whitepages. It sounds like they pick out a random name from the whitepages, because they didn't have the evidence to prove who did it.

    I think that the victim and the offender are in trouble for giving wrong information purposely. Is there a law to deal with this situation? Like give a fine to them?

    I wonder what would happen if I do nothing?

    Kind Regards,
    AdviceSeeker
     
  19. lizzie

    lizzie when i grow up ...

    Joined:
    13th Sep, 2004
    Messages:
    11,737
    Media:
    2
    Location:
    back in the painting clothes
    i just have to ask - how does your aunt "know" the victim if you don't know who they are?
     
  20. Strannik

    Strannik Member

    Joined:
    15th Jun, 2006
    Messages:
    2,547
    Location:
    Brisbane
    as said previously, you don't need to know the victim's phone number

    all you need to do is tell Lumley that it wasn't you so they can stick the letter where the sun doesn't shine