Should I pay this claim ??

Question

My wife recently was involved in a car accident. She was parallell parked and after pulling out, a car which was 50m down the road when she did pull out, collided with the back of our car and then into a steel pole. My wife has not recieved a ticket however the police have told her she is most at fault as she should not have pulled out unless it was safe. She believed it to be a safe distance when she pulled out, and had driven approx 20m before the other vehicle collided with her. The driver of the other vehicle was an elderly lady who says she may have been speeding but is not sure, but was in a hurry to get to spotlight. The police say they can not establish was speed she was doing. Her insurance company has sent me a letter of demand for payment of her damages. Should I pay, or should I tell them to take me to court and fight it. I believe the elderly lady has very poor vision and did not see my vehicle until she was about to hit it. Does her insurance company have a fair claim ??

Answer 1

mate I would not pay that claim and talk to your insurance cheers

Answer 2

You did not mention if you had insurance or not???? If you do just let the 2 Ins. companys fight it out.... But if your wife was pulling out, she has to yeid to any cars coming!!! nomater how far!!!!  IT HELPS TO HAVE WITNESSES.... and BE SURE THE POLICE STATEMENT IS CORRECT!!!!!

Answer 3

i work in insurance claims in australia.

for a start, if you have your own insurer, lodge a claim with them and let them argue the point with the other persons insurer.

if you don't - given your accident description, you would be well within your rights to dispute the claim with her insurer.  this would need to be in writing.  the vast majority of disputes are resolved well before court action is considered.

*IF* what you are saying is fact, in that your wife was essentially hit in the rear by the other party, then not only should you be disputing it, but you should be requesting her insurer pay for your damages.

if she has hit your wife from behind, then it wouldn't matter what speed she was doing - the fault would immediately be hers.  bringing speed into an issue of fault in australia is pointless as it's too difficult to prove so don't bother arguing on that basis.

your best argument was that your wife had pulled away and was actually travelling in the roadway when she was hit from behind.  provided the damages to both vehicles support this then you may be in luck.

Answer 4

The other party has some comparative negligence.  You should let your own insurance company deal with this subrogation request.  If you choose not to, contact the other insurance company, and offer to pay 50%.  You will probably settle somewhere in the 75/25 liability range.  You cannot prove the other party was speeding, and if she was why did your wife pull out into traffic?  Pulling from a parked position is usually a surchargable offense.  You will not win if they sue you.

Answer 5

I agree.....let the insurance companies figure it out.

Answer 6

Best to let YOUR insurance company handle everything.  They are experts, you are not.