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Being asked to pay someone else's insurance excess

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fattony21 View Drop Down

Joined: 27/November/2017
Location: Australia
Posts: 1
  Quote fattony21 Quote  Post ReplyReply Direct Link To This Post Topic: Being asked to pay someone else's insurance excess
    Posted: 27/November/2017 at 16:18
So here's a quick rundown

Rented out a hall for a birthday. Paid cash, no terms and conditions signed.
Left some a/v equipment and a laptop there, which was stolen overnight. No evidence of a break-in. Police report filed.
Hall owner and I have agreed on replacement value, and he is willing to put in a claim. However, he insists that he cannot be held responsible for the theft and won't lodge the claim unless we pay the $600 excess.
FairTrading unable to mediate a solution, so I'm considering taking it to NCAT.

Do I even have a shot at winning this if I take it to NCAT? Does the hall owner have the right to demand this despite me not signing a document stating I am liable for any excess in the event of a claim being lodged?

Eddy View Drop Down
Senior Member
Senior Member

Joined: 14/December/2012
Location: Australia
Posts: 189
  Quote Eddy Quote  Post ReplyReply Direct Link To This Post Posted: 28/November/2017 at 10:56
To be honest, without an agreement I don't think that the hall owner has any responsibility to make a claim on his insurance at all - he's not out of pocket. He's actually being generous to help you out but not as far as to cost him anything (although a claim may have some effect on his next premium or excess).

If a claim is made and insurance is going to pay out, they may end up determining the value of the payout and may require some evidence for what was stolen.

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