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
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.