Insurance wont pay claim

[noddy]

My parked car was hit by a bus after the driver had a heart attack. He subsequently died. The insurance company is not accepting liability. They say that there are precedences which absolve them of liability and they will not pay for the repairs of my car. Do I have any chance of getting money off the bus company or the estate of the driver?

[top_barrister]

well, it depends on the particular circumstances in your case.

Where are you from?

[noddy]

I live in Queensland Australia

[top_barrister]

First, you may have to evaluate what kind of insurance policy do you have. Is it a liability insurance? If yes, then it will cover the amount of property damage and medical expenses of other people when you are at fault in an accident. The tricky thing here is that it will cover these damages in the amount stipulated in your policy. These damages include medical bills and lost wages as well as repair and replacement of spare parts of the damaged vehicles (not your own).
There are other kinds of insurance that covers even damage to you. One is called collision insurance, which will cover any damage to your vehicle by shouldering the repairs or “total” your car if it is a complete wreck. This is subject, of course, to any deductible.

Another is called the comprehensive insurance coverage, which covers any damage aside from those caused by accidents and car crashes like theft, fire and other causes. This kind of insurance is of course more expensive.

The other types of insurance are called medical payments, personal injury protection and “no-fault” insurance policies. The first pays for medical expenses when you are injured, including your passengers, regardless of any fault on your side during an accident. The last two are just an expanded medical payment protection policy.


About going after the bus company or the estate of the driver, it also depends. Have you collected all the necessary information to build a case against those responsible? How about the police report?


If you have these, the best way to go is to have them looked at by an accident lawyer. Usually, the insurance guys of the bus company will take care of it. but if they don't, then you can file a claim. Just consult your lawyer about it. He will tell you if your claim is viable or not.

[noddy]

Thank you so much