A member asked over 7 years ago

Can't afford fine

Hi, I am 18 years old and have casual employment. I was involved in a car accident about a month ago and was not insured at the time. I have been left with a $14,000 debt to RACQ. They have offered me to pay it in a lump sum or weekly instalments of $160. With my financial situation at the moment I simply cannot afford either of the two. I'm more then willing to pay up to $70 weekly, but I'm unsure as to where I stand legally. I have a friend in a similar situation but with a slightly smaller overall debt and he has somehow managed to reduce his payment to around $50 weekly. What are my rights?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. According to RACQ's own company policies, they must act in a fair and considerate manner that takes into account financial hardship. Specifically, if a person is experiencing difficulty in repaying the debt due to illness, unemployment or another reasonable cause, RACQ can extend the period of repayment and reduce the amount of each instalment, postpone payments for an agreed period, or extend the period of repayments for an agreed period of time. You should contact RACQ for an evaluation of your situation and request one of the above options.

If you cannot reach an agreement after the evaluation, RACQ will try and have the issue resolved internally by having your situation reviewed by another evaluator with more knowledge and experience. If you are still not satisfied within 45 days of lodging your complaint, RACQ will refer you to the Financial Ombudsman Service (www.fos.org.au) so the dispute can be resolved externally. RACQ will provide instructions on how to lodge a dispute with the Ombudsman.

Suggested way forward

The most practical solution at this stage would be to call RACQ on 131 905 and explain your situation to someone from the 'claims' line. If the issue persists, you may want to consider speaking to a lawyer who can advise you of your legal rights and responsibilities. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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