C S Gordon D. Clement Insurers Hotline Pty Ltd 28 XXXXXXX PO Box 342 Mt. Gravatt QLD 4122 TOOWONG QLD 4066
2 August 2007
Dear Mr S
Claim Number11139XXXX-01 Incident Date22 July 2007-08-02 InsuredMxxxx Bxxxx
I am writing on behalf of the insured who was hospitalised as a result of the accident and now refer to your letter of 25 July 2007, received by the insured on 30 July 2007.
On Monday 23 July 2007 I phoned Insurers Hotline Pty Ltd on behalf of the insured and a Hotline Pty Ltd employee confirmed that it is a policy condition that accidents be reported within 24 hours of the occurrence. At first the employee refused to accept my advice of the accident, even though the insured was hospitalised, because I was not a nominee of the insured. After some persistence, sanity prevailed. It does raise the question as to what right to claim the insured might have had if the accident was not reported until she was able to both determine the Insurers Hotline phone number and use a telephone. I mentioned this to the insured who is, consequently, experiencing some discomfort regarding the claim. She has asked for my assistance to clarify some matters.
The circumstances of the accident are as follows: At about 10.15pm Sunday 22 July 2007 the insured was travelling at less than 60 kmh south along Logan Road in the right lane. Approaching the traffic lights at the intersection with Newham Road, she observed that the traffic lights were green, giving her right of way. As she crossed the intersection the vehicle of the other party, travelling north along Logan road, approached the intersection and turned right toward Newnham Road, colliding with the right front of the insured’s vehicle. The other party’s action was unexpected and could in no reasonable way have been foreseen. There was no time for the insured to sound a warning, take evasive action, or in any other way avoid the accident.
Your letter of 25 July 2007 asks the insured for “confirmation of police report details”. The number of the police report was advised to Insurers Hotline Pty Ltd by phone on 30 July 2007. I have spoken with one of the police officers who attended the accident and who wrote the report. He advises that the established insurance companies do not ask for a copy of the police report, which, he further advises, the police are obliged to complete within twelve months after the incident, and not immediately. Your letter of 25 July 2007 could be read to mean that the claim will not proceed until the insured provides Insurers Hotline Pty Ltd with a copy of the police report. Is this the intended meaning?
There has been no correspondence with the other party. However, there has been communication with the other party who was in an adjacent Casualty Department bed at the P.A. Hospital. She apologised profusely to the insured for having caused the accident. I was present when the other party approached the insured to make the apology. There has also been communication with the other party’s insurer, RACQ, regarding their meeting the cost of a hire car while the insured’s vehicle is inoperable. The insured requires a vehicle to engage in her employment. She works as a relief worker through agencies and others, frequently given very short notice of assignments that can be anywhere in the Brisbane area, and she can be given two assignments in different locations in one day. The insured was discharged from hospital on Wednesday 25 July, and was asked to work on 27 July. I mentioned to RACQ that if a hire car was not made available there would necessarily be a claim for loss of income which would greatly exceed the cost of a hire car. RACQ gave ‘conditional approval’ without stating what conditions attached, but would not commit to meeting the cost. I am willing to assist the insured in legal proceedings if there is any difficulty with RACQ that results in expense or cost to her.
Both the driving history of the insured and copies of her driving licence were posted to Insurers Hotline Pty Ltd on 30 July 2007 after a conversation with an Insurers Hotline Pty Ltd employee.
As yet the insured has had no advice of the assessment by Insurers Hotline Pty Ltd as to whether her vehicle is capable of being repaired and if so, where it will be repaired and about how long that will take. It is important to the insured that she receives advice as soon as possible in order to minimise hire car costs so as to do the right thing by RACQ in this regard.
Please advise the insured which date you regard as being the claim date.
