Mother of two's fight for Road Accident Compensation
An Australian woman who has filed a $75,000 road accident claim after her estranged husband was swept into a crocodile infested river in 2003, has been denied the compensation.
Her car insurers informed her that they will not pay out the damages as her husband did not die in a crash.
The driver, her husband, died whilst attempting to drive across a partially submerged bridge around 190km southwest of Katherine in Northern Territory. He was swept into the river after opening the front passenger window.
The wife, who ran a car dealership in Darwin with her husband, stated that her insurers were adamant not to pay out for the compensation claim which she demanded, because they insist that the tragedy of her husband wasn't covered by the Territory's Motor Accident Compensation Act.
She was appalled by their reaction and said: "It's extraordinary that they can say that. He was in his car and on a road." therefore, she had every right to receive the compensation as per the insurance norms."
The lady agrues that the amount will be the equivalent of the maintenance money that her husband would have paid for her two daughters until they were 18.
However, the insurers maintain that the circumstances surrounding the death of the driver are not covered by the relevant motor accident compensation legislation.
Legal issues
The 48-year-old mother-of-two has also accused the car insurance company of using “dirty tactics,” preventing her from getting the accident claim award.
The woman stated: "I can't believe that a company like [insurer] has fought so hard not to pay such a small amount to two girls who have lost their dad."
She added: "They gave the boss my name, my daughters' names and details of the case, which is a breach of privacy and against federal law."
With the future of her two daughters at stake, the mother stated she will continue her legal battle for compensation.
Updated on 4/14/2010