If you’ve had an accident that’s not your fault, you have a right to drive
a Replacement Car that the “at fault” insurer should pay for at no cost to you. If you’ve had a car accident and it’s not your fault then you have a right to drive a replacement car
that is provided to you by the “at-fault” insurer. However, most insurers don’t readily make this available to their customers for financial reasons. You have a right to drive a rental courtesy car provided to you by “NotMyFault” at the expense of the “at-fault” insurance company or party at fault were possible. Know Your Rights When It Comes to an Auto Insurance Accident Claim One of the most challenging events in your life can be dealing with the aftermath of a car accident. Pursuing an accident claim can be a complex, frustrating process. You need to understand your basic rights in the aftermath of a car accident and when pursuing a claim for compensation with an insurance company. You need to understand the resources available to you that are designed to assist you in protecting you. Your Right to representation If you have been involved in a car accident you believe was caused by someone else’s negligence, one valuable right that you do possess is to seek legal representation or a third party agent, if you feel doing so is in your best interests. In reality, unless the claim you are making truly is minimal and not for a particularly significant amount of money, you need to consider informing yourself with as much information as possible regarding your particular situation which in turn gives you more power when dealing with big insurers for example. When it comes to your right to seek out and obtain legal assistance, keep in mind that you can forgo responding to questioning by the other driver’s insurance company until you consult with your agent or lawyer in some circumstances. You need to politely tell the insurance company that you will be back in contact with that individual directly after you seek advice. you cannot be pushed to answer questions when you have a legitimate reason to seek advice and assistance. Your Right to Drive
Aside from sustaining personal injuries, one of the worst aspects of a car accident is the possibility that you end up without the use of your car. Either because your vehicle was written off in a car accident, or because it will be out of commission for what might be an extended period of time due to repair work leaving you without your necessary means of transport. The fact is that if you are left without the use of your vehicle after an accident something a kin to a right to drive in the form of a rental car being made available to you at no cost is something you are entitled to but is sometimes very difficult to organise yourself. In Australia, if you are not the party responsible for the accident, and you have lost use of your car, you likely have a right to a rental paid for by the at fault insurer etc. You need to exercise your “right to drive” to avoid unnecessary out of pocket expenses and inconvenience. Your Right to Timely Investigation and Review of Claim An insurance company does have the legal ability to take a reasonable amount of time to investigate an accident and an associated claim. Although the necessity to investigate an accident and claim does exist, you also have the associated right to have an investigation and review of your claim conducted and completed in an appropriately timely manner.. Your Rights If a Claim is Denied You do have certain rights in the aftermath of a denial of a car insurance claim. These rights include your ability to file a complaint or objection with the car insurance company’s Internal Dispute Resolution Department or IDR. Both Australian law, and rules of the insurance company provide guidance on how an IDR complaint is pursued. You must make certain that you file a complaint in a timely manner. If you fail to obtain relief through the IDR process, you can file a complaint with the General Insurance Division of the Financial Ombudsman Service Australia or FOS. Again, you need to be cognizant of the rules and timeframes associated with pursuing a complaint regarding a car accident claim with the FOS. You have the right to pursue a lawsuit in court against the party you believe is responsible for causing the car accident and the resulting damages, injuries, and losses. Because all of these post-denial processes can prove to be complicated, you are wise to consider seriously retaining legal counsel to assist you regarding the denial of your claim. A lawyer will schedule an initial consultation to evaluate your claim and provide you personalised advice regarding you particular situation.