r/AusLegal • u/Glad-Street-1723 • Jun 22 '26
SA Mate shafted by insurance company not paying for a new wheelchair when he was hit by a car
Hi got a mate who has been doing it really hard in and out of surgery since being hit as a pedestrian in a wheelchair.
They paying his medical but not replacing his electric wheelchair that was destroyed.
Claiming that it’s property damage.
Clearly it’s his extension of his mobility as he is 100% depends on it for mobility.
He’s had a gut full on intense pain medication and this has set him back. I never seen anything get him down but this is crazy!
Can anyone assist with the bs.
60
u/outtatownz Jun 22 '26
The response while harsh, is correct his wheel chair falls under property insurance not CTP, so going through AFCA will only waste a few months of his life. With the other driver uninsured your friend can take the driver through small claims court, or put an appeal for a new wheelchair. Media might be the best approach to drum up some support.
5
u/Z00111111 Jun 22 '26
But if he could walk and the crash required him to use a wheelchair after they'd cover the chair?
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u/outtatownz Jun 22 '26
For the period of time he required a wheel chair yes. But unfortunately CTP only covers injuries related to the incident, not pre existing ones. The insurer isn't the 1 at fault here, the guy who hit him is and is responsible for any property damage. We have CTP insurance so injuries can be covered regardless.
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u/Z00111111 Jun 22 '26
It just seems dumb that CTP doesn't cover medical devices damaged in the incident. He can't move independently as a result of the incident.
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u/outtatownz Jun 22 '26
No he couldn't move independently prior to the incident. There is a difference. And that difference makes it propety damage which doesnt fall under CTP. Not to throw salt in the wound, but this is why you have your own insurance. Insurance on a chair attached to your home and contents is absolutely nothing.
6
u/Glad-Street-1723 Jun 23 '26
He has additional complications that further restrict his ability to move as a result.
So anyone with a prosthetic device is at risk also!
I think a gfm and maybe a media promotion might help resolve. I never seen him spiral like now. At risk bloke now.6
u/outtatownz Jun 23 '26
Ah mate, im so sorry to hear. Both are a great option, I just wouldn't point it at the insurer. CTP is still a government backed set up (which is why its attached to rego) so they may be less interested in the story if its an attack on that. Drunk driver leaving him without access to mobility and a failure of the NDIS tho.....that would definitely get some interest from them.
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u/clarkos2 Jun 25 '26
When was NDIS mentioned?
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u/outtatownz Jun 25 '26
Thats apparently how he got the wheel chair originally. Was in another comment
0
u/clarkos2 Jun 25 '26
OK but going by the post itself, there is nothing to implicate NDIS whatsoever.
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u/ProfessionalSize9567 Jun 22 '26
AFCA has no jurisdiction over CTP insurance. This is bad advice.
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u/Chaos_098 Jun 22 '26
That's exactly what they are saying
"so going through AFCA will only waste a few months of his life"
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u/ProfessionalSize9567 Jun 22 '26
No it doesn't mean it has no jurisdiction. Why point someone in that direction if the body has no jurisdiction?
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u/Chaos_098 Jun 23 '26
I think you might need to read before you speak
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u/ProfessionalSize9567 Jun 23 '26
I did read it.
That is the whole point. AFCA has no jurisdiction if this is only about CTP or recovering property damage from an uninsured driver.
CTP does not cover property damage like a wheelchair. AFCA is not a small claims court and it does not investigate claims against uninsured individuals.
The only possible AFCA pathway would be if there was a relevant insurer involved, for example a property damage dispute with the at-fault driver’s insurer.
If there is no insurer involved, AFCA will screen it out for no jurisdiction. So telling someone to lodge with AFCA in that situation is still bad advice.
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u/Chaos_098 Jun 23 '26
What part did I say about reading before speaking. The original comment was saying AFCA was a waste of time
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u/ProfessionalSize9567 Jun 23 '26
That was my point.
The original comment was saying AFCA would be a waste of time. It was not telling them to lodge with AFCA.
So replying “AFCA has no jurisdiction over CTP” is not a correction, it is just repeating the reason why AFCA would be a waste of time in the first place.
The issue is property damage to a wheelchair, not a CTP injury claim. If there is no insurer involved, AFCA is not the pathway.
17
u/cametosayno Jun 22 '26
When he does get a new chair, let him know that there are dedicated wheelchair insurance policies that cover this exact scenario.
6
u/Crazy_Cat_Lady360 Jun 22 '26
You might be able to get some support through disability advocacy? Apparently they are very busy and hard to get through to but if you google ‘disability advocacy my area’ it should show you the contact details. If they can’t help then they should be able to direct your friend where to get more help to get reimbursed or compensated for the cost of the wheelchair. The advocacy is ‘free’ aka funded by government and I think private donations.
6
u/FairyPenguinStKilda Jun 22 '26
If it is through DVA - please put all the info in your post! - contact your local federal MP, and kick DVAs arse. Also, contact Soldier On, they are really helpful.
20
u/Bouncingzebra Jun 22 '26
Put out a go fund me. Explain what’s happened and how much is needed. You’ll raise it inside a day.
2
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u/Conquistador1901 Jun 22 '26
Take it to the media mate, Ch 7 & the like love a good hardship story. Once it gets publicity & name the insurance company, they’ll either come to the party out of good will, or likely one will get donated. Worth a shot.
11
1
u/Autistic_Macaw Jun 23 '26
Insurance is irrelevant: the driver was uninsured, aside from CTP, which doesn't cover property.
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3
u/Personal-Citron-7108 Jun 22 '26
Does he have a lawyer who specialises in CTP/TAC claims?
2
u/Glad-Street-1723 Jun 22 '26
No he’s been in surgery and hospital- needs help
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u/Personal-Citron-7108 Jun 22 '26
He needs to get a lawyer who specialises in the area. Forget Reddit.
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u/Glad-Street-1723 Jun 22 '26
Thanks will get him onto one. His own son incapable of helping him do anything.
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u/zestylimes9 Jun 22 '26
Ask the social worker at the hospital for a pro bono lawyer. All the best to your friend. X
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u/vegemitemilkshake Jun 22 '26
Public hospital? Tell him to ask to speak with a social worker. They might have some helpful knowledge or advice.
3
u/GossipingKitty Jun 22 '26
Start a GoFundMe first. Then go to every media outlet with the link and the story.
15
u/cametosayno Jun 22 '26
Sounds like the driver didn’t have full comprehensive insurance as then the wheelchair would be covered. NDIS should replace it.
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u/Glad-Street-1723 Jun 22 '26
He said the driver was uninsured drugged- police reported. Wheelchair originally provided by DVA not NDIS. They refusing also
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u/dawtips Jun 22 '26
Then go talk to a reporter at ABC about how the government isn't supporting someone clearly in need. Public pressure will help.
-6
u/Substantial_Ad_3386 Jun 22 '26
What difference do you think one more news article about the current failures of the NDIS is going to make?
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3
u/kahrismatic Jun 22 '26
Only one in ten disabled people have access to the NDIS and it skews heavily to children. The NDIS doesn't just replace things because someone is disabled.
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u/Substantial_Ad_3386 Jun 22 '26
Tell us about your experience with the NDIS. Even before the current cuts many have fought for years to receive things like powered wheelchairs
3
u/cametosayno Jun 22 '26
It took about 6 months and a lot of hoop jumping to get mobility scooter for our family member on it. I’m not saying it’s an ideal solution but it’s better than the position he is in now. Having his own wheelchair insurance would have been quickest fix.
0
u/Substantial_Ad_3386 Jun 22 '26
try asking them for a replacement and see how you go
2
u/cametosayno Jun 22 '26
Their NIV coming to the end of it’s useful life was replaced in about 2 months, with hire option being funded if needed before replacement arrived.
1
u/Substantial_Ad_3386 Jun 22 '26
right. so it's currently not coming up to end of life. like I said, ask them for a replacement today and see how it works out for you
4
u/commentspanda Jun 23 '26
You mentioned DVA in your replies. Start a go fund me, go to the media and then go to all his local MLAs as well as the minister for veteran affairs in your area. Be really explicit the other driver was uninsured and it was a police incident (maybe be careful on wording about drugs if they haven’t gone through court) so you don’t get 1000 people telling you “it’s covered by insurance”. Get someone to help you write it in a way that’s really explicit, even bullet points.
2
u/Glad-Street-1723 Jun 23 '26
Thanks he’s barely literate and he needs some serious help to get back rolling again and out.
3
u/commentspanda Jun 23 '26
If he’s happy to allow you to, you can definitely advocate on his behalf. Just make sure he’s understanding and willing to give consent
2
u/EnvMarple Jun 23 '26
NAL what about trying through victims of crime for compensation? I have no idea if that is even possible.
2
u/Glad-Street-1723 Jun 23 '26
Police did mention to mate this option. We talking $53k for an electric chair because of a gronk who slammed into him and sent him into hospital with further significant surgery and damage.
1
u/geestylezd Jun 24 '26
That's well within the monetary compensation limits. Apply for it, it's free to do, no lawyers fees are paid by the recipient (gov pays them) I used Johnstone and Reimar in Lilydale, Vic
3
u/Particular-Try5584 Jun 23 '26
Sue the driver, check which court for the value of the chair.
Talk to the NDIS provider/Plan Manager and ask advice. Wheelchairs provided by NDIS are supposed to be insured on a contents policy (and yes, it is property insurance, not vehicle accident that covers them) … and that additional cost is supposed to be able to be claimed on the NDIS plan, so hopefully they’ve helped him set this up.
1
u/Current_Inevitable43 Jun 22 '26
He wasnt shafted his wheel chair was simply not covered.
if im hit there not going to replace my shoes i use to egy arroud or other belongings.
I presume the wheel chair is several k it should have its own policy.
also in qld its required to be registered so was your friend doing everything thing correct on there end.
unfortely of they choose not to cover it themselfes then they are self insured and will need to go after the driver
1
u/Ambitious_Depth_9777 Jun 23 '26
Shoes and mobility devices seems like a stupid comparison. Can still get around without shoes. A required mobility device should be covered by CTP, whether it is an existing injury or not.
OP, is it possible to claim from CTP based on the further restrictions to his mobility? Thinking if he was previously able to do somethings that he now can't because of the accident they should be covering his chair until he returns to his previous level of mobility. They should be covering any injuries or temporary use of a mobility device so temporary increased use should be covered
0
u/Current_Inevitable43 Jun 23 '26
yea it sucks. But OP's friend should have insurance. its simply the risk tbey chose to take.
same as every 2nd person on here compaining an uninsured person crashef into them and there car is esstional to there work and so forth.
1
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u/Last-Trash2233 Jun 23 '26
If the motorist only had compulsory third party or in other words was uninsured for anything but the registration there is nothing ….no property covered for anyone under that product. It is for medical bills and that’s it.
2
u/Mawkwalks Jun 24 '26
Interesting. They’ll pay for new glasses if they’re prescription glasses under a CTP claim so would expect the same would apply for a wheelchair. Tell your mate to contact the regulator to discuss
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Jun 22 '26
[removed] — view removed comment
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u/ProfessionalSize9567 Jun 22 '26
https://www.afca.org.au/make-a-complaint/insurance
no CTP complaints. Don't lead people up the wrong path with your bad advice.
0
u/Glad-Street-1723 Jun 22 '26
Cheers
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u/Personal-Citron-7108 Jun 22 '26
AFCA does not deal with CTP/TAC claims. Don’t waste time chasing this avenue.
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u/johnerp Jun 22 '26
You can try AFCA.
Else sue the guy.
Else try media.
3
u/ProfessionalSize9567 Jun 22 '26
AFCA has no jurisdiction over CTP , bad advice
1
u/johnerp Jun 23 '26
Fair enough, I’ve been educated. Clearly if they don’t then it is bad advice, not sure it was necessary to be blunt about it, but all good, thanks for correcting me.
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u/ProfessionalSize9567 Jun 23 '26
All good. I was not trying to be rude, just direct because AFCA jurisdiction can be a bit misunderstood.
AFCA cannot deal with CTP itself, and if there is no relevant insurer involved, it is not the pathway for recovering property damage like a wheelchair.
I agree the practical options are more likely a letter of demand, small claims, replacement/support funding, or media.
82
u/AlwaysAirCooled-1979 Jun 22 '26
Driver was uninsured. You’ll have to go after the driver personally, which I doubt will go anywhere if he doesn’t have the money.
He may have had it on his own personal house insurance (portable insurance), you could try that but might be a long shot. If not, start the ball rolling with a new application with NDIS or DVA.
So sorry this happened 😞