Print Page | Close Window

Being asked to pay someone else's insurance excess

Printed From: AussieLegal
Category: Business, Commercial, Property, Contracts, IP
Forum Name: Franchises, Leases, Litigation, Trusts, Building, Debts
Forum Discription:
Printed Date: 21/April/2019 at 00:21

Topic: Being asked to pay someone else's insurance excess
Posted By: fattony21
Subject: Being asked to pay someone else's insurance excess
Date 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?

Posted By: Eddy
Date 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.

Print Page | Close Window