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Margaret wins legal action against insurance company

Margaret* attended TASC’s Rural Women’s Outreach Legal Clinic in December 2015 seeking assistance; she had been involved in a motor vehicle accident. Margaret was not insured. The other driver’s insurance company considered that she was at fault and demanded that she pay their repair costs. However, Margaret’s version of events suggested she was not at fault but she was not sure what to do. Unfortunately, there were no witnesses or video camera footage to support either versions of events. 

TASC took on the client’s case and attempted negotiations with the other driver’s insurance company. Despite TASC’s attempts to resolve the matter informally, the insurance company insisted that Margaret was at fault and commenced legal action against her in the Magistrates Court of Queensland. Being a pensioner of limited financial means, Margaret could not afford a private lawyer to go up against a major insurance company.  

With the outstanding assistance of Mr Stephen Colditz (Counsel), TASC assisted Margaret with defending the proceedings and navigating the procedural hurdles of civil litigation. Ultimately, Margaret was successful against the insurance company and she can now afford to fix her car.   

*Not client’s real name

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