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Auto Insurance Claims/passanger accident claim third party

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Question
the car
the car  

the other car
the other car  
HI MY NAME IS TRISHA , I JUST WANT TO KNOW CAN I CLAIM THIRD PARTY AS A PASSANGER I WAS TAKEN TO HOSPITAL BY AMBO ON 10-01-14 AND TODAY THE 12-01-2014 I AM STILL SUFFERING WITH NECK , SHOULDER , CHEST , BACK AND STOMACH PAIN AND TAKEN PAIN KILLERS AND I DONT NORMALLY TAKE ANY PAIN KILLERS

Answer
Trisha,

  In Australia, you definitely can claim damages as a third party passenger based on a theory of negligence in tort.  The person who was negligent in the accident would be responsible, and since they SHOULD have insurance according to Motor Accidents Compensation Act (1999), then you should be able to bring a claim against their insurance and recover your reasonable damages. If there is an argument about who was at fault, the law requires the one asking for money to prove their damages were a direct result of the negligence of the other party.  Make sense?  Sometimes, tort law can be complicated and if the company refuses to pay what is fair, then, you'll either need to be really studied about the law, or seek assistance of attorney.  

   I hope this helps!  File your claim!  Information is always free at Petty Details, LLC.

JP  

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Justin Petty

Expertise

Challenge me! I promise that I will provide you with the most honest answer I can muster, and I will base it on nearly 20 years of complex claims experience. My strength is shooting it straight and seeing through BS. I do not bluff and I can tell when somebody is. I've handled claims in almost every State in the U.S. and adjusted claims and consulted attorneys and CEO's on recovery and special claims tactics for over a decade. I am the founder and President of Petty Details, LLC. We provide the highest quality claim services to insurance companies, attorneys and individuals all exactly in the same way, by paying attention to the details and doing the right thing.

Experience

Nearly 20 years of combined claim company management, litigation, all lines adjusting, claim auditing, damage assessment, subrogation, small claims, tort recovery, collection, skip-tracing, tactical investigations, and contribution claim recovery experience across the United States of America.

Organizations
NASP (National Association of Subrogation Professionals) AllExperts.com (Auto Insurance Expert) Diminished Value Appraisers Group (LinkedIn)

Publications
10 years experience in writing and developing technical claims correspondence for litigation and unique scenarios at insurance companies and as a consultant to attorneys assisting with legal briefs and research. 42 published articles relating to auto insurance and claims. Self Published e-books entitled "How Much is My Injury Worth" and "Diminished Value - How Do I Get Paid?".

Education/Credentials
School of hard knocks, 3 years college, NO DEGREE, years of real world experience running a claims service company and adjusting claims for carriers. Speaks English and Spanish, Limited Portuguese & Italian.

Awards and Honors
Platinum Author (EzineArticles.com) All Lines Adjuster (TX, 1998 - 2008) TX Public Adjuster (2009 - 2011)

Past/Present Clients
State Farm Insurance, Endeavor GA, MileMeter Ins., American Recreational Markets, Gainsco Ins. Co., Safeway Ins., Home State County Mutual Insurance, Old American County Mutual Insurance, FCCI, Farm Bureau, Liberty Mutual, and Pronto General Agency, LTD just to name a few! On top of insurance companies and attorneys, I have personally helped thousands of accident victims with the difficult and stressful process of navigating their claim to a successful resolution.

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