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Hey guys, going through a 3rd party claim at the moment and need some advice as to what my rights are with regards to a total loss payout figure.

Long story short they are trying to offer me market value for a car that is far from your usual run of the mill car on carsales (this is where they have been getting cars to compare it with to gauge the market value).

I don't feel as though I should have to settle for peanuts when the accident was not my fault. (car was hit from behind)

I understand that it's normal for them to low ball me as much as possible and drag things out to get me to cave in but seriously there has to be a better way to resolve this that is fair for both sides.

In addition to this EVERYONE I have spoken to were very unprofessional and extremely rude which makes it very hard to negotiate with them without losing my cool.

Any help on how to go about things would be much appreciated.

It might be time to ask them whether you need to speak with the Insurance Industry Ombudsman, as you don't feel they are treating you properly?

Next time you speak with them, notify them you will be recording the conversation; this may alter their attitude, and their tone towards you.

Do you have contact details for said ombudsman?

Every time I look it up I get Financial Ombudsman Service, they can't help because the claim is for over $3000.

I'll definitely start recording the conversations from now on.

Obtain an independent evaluation of the value of your (previously undamaged) car from a car insurance company. Eg: Shannons

These type of company's specialise in insuring our cars.

You may be able to obtain a provisional quote in writing, after obtaining a verbal over the phone.

You would have a verbal by the end of the Phone call (I.e Today !)

This will give you some leverage knowing what it could have been insured for. (or it will give you a rude shock)

Explain your situation and I'm sure they would assist.

Ps. What is the BEST Redbook value ?

Edited by Sinista32

ask to speak to the insurers dispute resolution officer and lodge your complaints, ask for reference numbers and record who you speak to and what is discussed.

i must stress, try to actually get a resolution. if you cannot get one then you ring the ombudsman

this is ran by the financial services ombusdman, give them your referencenumbers, quite often this will result in another internal person from the insurer (usual Australian and actually employed to resolve the issue) calling you and having another discussion, not sure why the FOS are not helping you, did you ask them who deals with the claim?

i sell automotive insurance in my work, which insurance company are you dealing with here?

Edited by GH05T

Ombudsman said they can only deal with 3rd party claims of $3000 or less.

I had the independent assessor come out yesterday and he seemed to be very understanding and helpful so I'll have to see how we go with the next step i guess.

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