Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

N/A | National Letters of Demand

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by smee, Dec 23, 2006.

  1. with thanks to Mouth this is excellent so deserves to be stickied.

    1. Letter of Demand (other party insured)

    [Your name]
    [Your address]
    [Date]

    Dear

    I am writing about the accident on [date] of the [month] 20 , at [place of accident] . I am the owner of the motor vehicle [make, model and registration no.] which was damaged as a result of a collision with a vehicle owned by you [and driven by if the owner was not the driver] on the above date. I am holding you liable for the damage to my vehicle. The damage has been assessed at $ and a copy of the quotation is enclosed. I believe that your vehicle is insured with [name of insurance company].

    My vehicle is available for inspection at between the hours . Please forward a copy of this letter and the quotations to your insurers as soon as possible.

    Yours faithfully,
    [Signature]

    2. Letter to Insurance Company

    [Your name]
    [Your address]
    [Date]

    Dear

    Re: accident on [date] of the [month] 20 , at [place of accident].

    I am the owner of the motor vehicle [make, model and registration no.] which was involved in an accident with the vehicle [make, model and registration no.] owned by your insured Mr/Ms of [address].

    I enclose a copy of a letter of demand sent to him/her together with a quotation for damage. I will be happy to arrange for a second quotation if required.

    I look forward to hearing from you shortly.

    Yours faithfully
    [signature]

    3. Letter of Demand (other party uninsured)

    [Your name]
    [Your address]
    [Date]

    Dear

    I am writing about the accident on [date] of [month] 20 at [place of accident] . I am the owner of the motor vehicle [make, model and registration no.] driven by me on the above date. I am holding you responsible for damage to my vehicle , which has been assessed at $ A copy of the repair quotation is enclosed.



    Please inform me within ten (10) days of today’s date whether you admit liability for the accident and whether you will pay, and in any case whether you regard the assessment as reasonable.

    Yours faithfully,
    [signature]

    4. Second Letter of Demand (other party uninsured)

    [Your name]
    [Your address]
    [Date]

    Dear

    I am writing about the accident on [date] of [month] 20 at , I refer to my letter to you dated wherein I gave you until [ten days from the first letter] to contact me regarding compensation for my losses suffered as a result of the accident referred to above.

    As I have received no offer or money in satisfaction of my claim I now inform you that unless I receive payment of my damages of $ within seven (7) days of today’s date, I will commence court proceedings without further notice.

    Yours faithfully,
    [signature]

    5. Letter of Demand (insurance excess)

    [Your name]
    [Your address]
    [Date]

    Dear

    I am the owner of the vehicle number which was damaged as a result of a collision with a vehicle driven by you ["and owned by " if the driver was not the owner] on the [date] of [month] 20 at [place of accident]. I am holding you liable to compensate me for my damages. Under my comprehensive insurance policy, I am required to pay the first $ .... [amount of excess] of my claim for the costs of repairs to my vehicle.

    I hereby claim payment of the sum of $ [amount of excess] within ten (10) days of today's date. If I do not hear from you within this period, I will commence court proceedings without further notice.

    Yours faithfully,
    [Signature]

    Cheers,
    Jason
     
     Top
  2. I believe that you must provide at least 2 if not 3 quotes for the damage. Further the other party may request a quote from a reputable dealer/panel shop/whatever elsewhere, such as a nearby RACV etc shop, as the ones you get quotes from may be set up or too high.

    Your 7 days may be seen as too short.

    Other than that, yes the letters are quite good.
     
     Top
  3. Brian it may vary from state to state, but in my experience 2 quotes has always been enough....
     
     Top
  4. I don't believe there's any legal requirement to provide a certain number of quotes.

    The purpose of providing more than one quote (usually two) is to show that the amount you are claiming is fair and reasonable. The assumption being that while you may be in cahoots with your mate the repairer to falsely inflate the quote, you're unlikely to have the same arrangement with two repairers.

    I would recommend obtaining two quotes and claiming the lower amount. But you're at liberty to send a single quote as long as you realise it will carry less weight than two quotes.
     
     Top
  5. In Vic there is no requirement for two quotes. However the insurance company is arguably within thier rights to demand another one if they have doubts about the one provided and getting two would probably speed things up. Its also imnportant to note that insurance companies can "recommend" a repairer, but it's your choice.

    Seven days is not unreasonable, and is a fairly standard time period in a letter of this kind. It is (as I have said previously) not a bad template, and one I have in fact used as a basis for a letter.
    At risk of being irritating:
    (i) Don't modify it (without expert advice);
    (ii) If you have any doubts seek such advice;
    (iii) If at all possible I attach a copy of the drivers and any witnesses statements. This tends to eliminate a lot of standard crap from the insurers.
     
     Top
  6. In Vic the law only requires one quote howver the responsible party has the right to have the vehicle assessed either by their insurer or an independant assessor at their cost also ,as it relates to the claim.The assessor will determine what is fair and reasonable ,dont sell yourself short by opting to accept the cheapest quote or be railroaded into accepting the lowest price,remember its your property and your right to have it re-instated to prior accident condition,that includes your clothing and any personaL effects.
     
     Top
  7. I was involved in an accident in late august and only just got the bill last week( I was not insured ) ($4,500)

    There was only one quote attached to the bill and it was done through a 3rd party recovery company. I rang up the guy from the company and asked if theres any payment options and he told me it must be paid in full legally and only one quote is needed. He wasn't much help on anything, either way.

    I do have some money in the bank , I could find the rest in a few weeks, i'm gonna try my luck with another lady that was on the letter today to ask about payment or more time to pay.

    What should i ask when i ring her? The quote is from a reputable place locally in croydon (JP's) I assume the works been done already because the bill was printed on the 30th august.

    I know i'm liable to pay whatever is on the bill, just wanting to know what rights i have regarding payment.

    Cheers

    cosi

    p.s. no, no insurance, yes , yes i know
     
     Top
  8. cosi, was the bill for damage to your vehical or the other one?
     
     Top
  9. sorry, their damage. 2002 futura series 2

    mainly bumper damage :shock:
     
     Top
  10. Ok, did they send you a quote first?? they are NOT obliged to get more than 1 quote BUT they are obliged to send you a copy first for aproval.
    Is the quote itemised?? parts, paint, labour, etc??
    I believe you are also within your rights to inspect the vehical after repair as your paying for it.

    Take the ITEMISED quote to some one in the trade and ask them to double check it for you (or send me a copy if you dont know anyone)

    Do EVERYTHING by mail/fax/e-mail ask them at all times to 'put it in writting' take dated notes of conversations if they refuse.

    Send them a letter now (keep a copy) thanking them for there recent account and say something like 'i'll be happy to settle the account once i have inspected the works and compared it to the quoted works'

    I'm not trying to be a smart ass but $4500 for an 02 futura bumper repair is a lot of $$ working on about a 50% labor content, if the work was done and quote is correct you will have to pay and it's not realy up to them to carry your debt.
     
     Top
  11. no they didn't send me a quote first this is all i've got.

    so i'll send an email to them now or should i type a letter?

    everything is itemised,
    labour 1439,50
    parts 1767.17
    paint 1250

    so i should take it to a a normal panel beater or a insurance panel beater?
     
     Top
  12. Any Panel beater is OK but unless you know them they probably not interested in wasting there time.
    E-mail is good but make sure you hit the read reciept option, if they havent read it in a day or 2 ring them and tell them you'd like a responce to your e-mail AND note the call and who you talked to.

    Sorry but thats NOT itemised in panel beater world, quote should read something like:

    Remove & Refit
    Front B/Bar $45
    LH indicator $35
    Suport panel $35

    Repair
    Support panel $85

    Paint
    Support Panel $140
    Front B/Bar $280


    Parts
    New
    L/H indicator $185

    Exchange/ non genuine
    B/Bar $550

    Total Labour $xxxx

    Total Parts $xxxx

    Or whatever they did.
     
     Top
  13. hi,i will be glad to help however there is too much to type here ,especially when dealing with a recovery agent as they can be ruthless.can you send me contact details to crashdoctors@hotmail.com .i iwll happily have a look at the the quote and or the car if need be
     
     Top
  14. so should i say anything about not seeing the first quote?

    it was itemised as you have listed. thats the total that it came to.

    what is your email woodsy?

    ive scanned them all
     
     Top
  15. work E-mail sent by PM.

    have you sent the other letter/e-mail yet? if not slip in a line and ask them who aproved the repairs. It's your money, they cant spend your money without your OK
     
     Top
  16. sadly they can and will work on one quote in this case ,without need for your approval because an "independant expert "being the gio assessor has adjusted the quote,and that is all that is required,i have sent a lengthy email to you direct about your options from here
     
     Top
  17. Bull Sh1t, TWICE. it dosen't mater who or how big they are they can NOT spend your money without your aprovel. they WILL try and intimidate you and scare you with BULLSHIT but thats all it is BULLSHIT
     
     Top
  18. i rang up the third party debt company and offered 3,5 and the bloke said he'd clear the debt for 3,650 so all in all im glad i did question this else id be even more in debt!

    thanks to pete(hondaxx) and everyone else for their advice it has helped a lot.

    cheeeeeeeeeeeerssssssssssss
     
     Top
  19. See here's the thing, they didn't spend your money. They spent their (insurance company's) money.
    They are chasing you for compensation.

    Cosi, glad it worked out. I did a similar thing with an accident I had when I was young, managed to knock $7k off the amount outstanding.

    Regards, Andrew.
     
     Top
  20. Hmmm, thats not the way i read it, theres no mention of an insrance company.

    From what i read, the damaged car was repaird on the say so of the owner, the repairer then handed the debt to a debt recovery company.

    So the owner and the repairer at no time prior to Cosi getting the bill had authority from Cosi for the repairs that they expected HIM to pay for.

    But in the end i guess if Cosi's happy with the outcome thats good.
     
     Top