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  1. #51
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    So was your issue with the insurer solely to do with them asking you to sign the release regarding any future issues? Had they not asked for that would you have continued through the insurance? And if so, shouldn't your issue then be with the insurance rather than the individual, since insurance has said they would cover it? (granted not in a manner you are happy with (you wouldn't be the first person with an issue with insurance companies))
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  2. #52
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    I didn't want it to be an insurance issue. The other person agreed to cover my expenses - I was happy with that. It became bigger after he changed his mind and felt that he was admitting liability in some way by paying. I could have taken an insurance payout for my expenses with no release form to sign but I would have been out of pocket the same amount with excess and exclusions. I could have also signed any future rights away and taken the payout but elected not to. I will see what happens with QCAT - if they allow the insurance company to represent him at a hearing I guess there is always a slim chance that the decision will be that they are told to pay the medical expenses without a release being signed - that would be a good result.

  3. #53
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    and thanks Blakey for the info and link

  4. #54
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    Cool.
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  5. #55
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    Update:

    No response by the other party to my application to QCAT, and now the deadline for this has passed.
    I have submitted an application to QCAT for a decision by default - which means they assess the case based on only my submission.

    I was actually surprised that he didn't respond, I can only suspect that the insurance company that was supposedly representing him may have been knocked back by QCAT after their own application to represent him, and they have told him that he is on his own...but I am only guessing.

  6. #56
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    Could be the insurance company making it as difficult as they can for you so you eventually give up or it becomes to expensive to keep going

  7. #57
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    Quote Originally Posted by Grumpy8 View Post
    Could be the insurance company making it as difficult as they can for you so you eventually give up or it becomes to expensive to keep going
    Will wait and see what qcat decides. I can't see any advantage In insurance dragging out a 180 dollar claim, it would have already cost them more than that in time...as he is the one named in the application I guess if a judgement is made against him and he has to pay, then he can try and recover that from insurance.

  8. #58
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    .
    Last edited by TheNuclearOne; 1st May 2019 at 08:54 PM.
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  9. #59
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    Quote Originally Posted by damoocow View Post
    Will wait and see what qcat decides. I can't see any advantage In insurance dragging out a 180 dollar claim, it would have already cost them more than that in time...as he is the one named in the application I guess if a judgement is made against him and he has to pay, then he can try and recover that from insurance.
    Forgot it was a small amount, someone somewhere is being a prick over such a small amount , must be terrified you’re going to make further claims later on .

  10. #60
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    QCAT decision earlier this week didn't really end this saga...

    They have referred it on to another adjudicator as they stated that they had no jurisdiction to determine claims for personal injuries.

    They now have asked for further submissions before they make a final decision...

    I queried why the other party is allowed to make a submission when he didn't bother responding to the original claim - they said it was standard practice.

    As I didn't make a claim for damages for personal injury in my original claim I was surprised they viewed it as such - It was basically a claim for a debt that he had agreed to pay but then refused to.

  11. #61
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    Quote Originally Posted by damoocow View Post
    I guess if a judgement is made against him and he has to pay, then he can try and recover that from insurance.
    I beleive that if a judgement is made against him, then the insurer has no choice to pay.

    This was my experience, when it happened to me. Insurance refused part of a claim against me, a judgement was issued, i saw a lawyer, who told me I got nothing to worry about and give the judgment to the insurer. which i did, the guy said 'buggar' and he paid it.
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  12. #62
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    Having heaps of trouble with my right foot after a guy plowed into me with a fully laden MGI. Never saw it coming and it hit me while standing still. The impact was to my right achilles tendon. It was 10 days ago and the pain was got progressively worse.

  13. #63
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    Hit it up for an insurance claim. You could get millions.
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