YOU SHOULD READ THIS AGREEMENT BEFORE SIGNING IT. IF YOU REQUIRE SPECIFIC ADVICE ABOUT THIS AGREEMENT, PLEASE CONTACT ACS (AUSTRALIAN CLAIMS SERVICES) 03 8567 1930.

1. I authorise ACS to do the following, as per my instructions and Authority to Act:

a. I authorise the repairer to prepare an estimate of repairs necessary to restore my vehicle to its pre-accident condition (the repairs);

b. Engage a qualified motor vehicle loss assessor to inspect the vehicle and assess the reasonable cost of repairs,

c. Perform the repairs in accordance with the assessment including subletting any part of the repairs to qualified repairers as necessary; and

d. Tow, drive and store my vehicle as necessary for the purposes of the estimation, assessment and performance of the repairs.

2. I authorise ACS to pursue recovery of the cost of the repairs (including the assessment fee) together with any other losses I may suffer as a result of the collision (my claim) from the person responsible for the happening of the collision (the third party) and for the purpose to instruct ACS to:

a. Deal directly with the third party and any insurer or other representative of the third-party regarding recovery of my claim:

b. Commence and conduct legal proceedings in my name, if the file is not settled satisfactorily through ACS, and after receiving my instructions to do so. Furthermore, I Instruct ACS, to pass on my recovery claim to FLD Legal or another Law Firm associated with ACS.

c. Take such other steps as is reasonably required in order to recover my claim in full.

3. I authorise and direct ACS to receive from the third party and or their insurer, or other representative of the third party required to pay any monies in respect of my claim, any and all monies in respect of my claim, and the receipt of such monies by ACS shall be a good discharge of the monies required to be paid. a. If I receive payment for my losses directly from the Third Party or their Insurer, then I agree to immediately pay the amount or return payment that I have received in full to ACS

4. I authorise ACS to apply any amounts recovered from the third party and or their Insurer of any costs including Total Loss, Repairs, Assessing, Hire, and after deducting their Recovery fee, and any other associated costs.

5. I agree to cooperate with ACS including by signing necessary documents as requested.

We have been referred your matter from {whereIs} , and enclose a copy of the claim form provided to us to assist you in recovery of your costs arising from the accident referred to in the form.

Our first step will be is to contact the at-fault party (or their insurer) seeking admission of liability. This step is free to you irrespective of whether the insurer/at-fault party admit fault or not.

Once the insurer for the at-fault party admits fault on behalf of their insured, your repairer will be notified so they can commence repairs to your vehicle (if they have not done so already) at no cost to you. *

In most cases the at-fault driver will have insurance, and we will claim on that rather than making a claim on your insurer. We only recommend you claim on your insurer if you are at-fault, or the at-fault driver is uninsured. We will negotiate a settlement of your claim with the at fault-party, their insurer or their lawyers.

ACS will not require you to make any out-of-pocket payments for using our services. After we collect your settlement monies, we pay your service providers such as your repairer, assessor and rental company and they will pay us for our services. You are not liable to pay for our services.

If the offer of settlement by the at-fault parties’ insurer is unsatisfactory and the insurer admits fault in writing on behalf of the at-fault party and you instruct FLD Legal to take legal action in your name, then this fee is waived.

* Exceptions apply, see Terms of Engagement

 

If FLD Legal are required to issue proceedings on your behalf against the at-fault driver, and the at-fault party’s insurer has admitted fault, you will be completely indemnified (covered) by FLD Legal office for the following: 

1. Legal costs incurred by FLD.
2. Legal costs incurred by the other side.
3. Cost of the hire vehicle.
4. Cost of repairs; and
5. Any other cost arising from actions taken by FLD to collect the debt on your behalf.

Please note FLD Legal will not commence legal action before communicating with you.

For further details about/this process, the authority you give us to act on your behalf and for settlement instructions, please see our Terms of Engagement.

We ask that you carefully read both our Authority to Act and the Form 4A and if you are satisfied sign and return them to us. By signing these documents, you acknowledge you have understood the nature of these documents.

If you need a further explanation before signing anything, please call our office to discuss.

Yours sincerely,

Upeka Hewagama

 

Dear Sir/Madam

We refer to the accompanying information from Australian Claims Services (ACS) and confirm that like ACS we are a member of the Trident Group of Companies. If ACS is unable to recover your losses without litigation under their authority from you, they will hand over the matter to us for legal action. We will not start legal action without first advising you.

If it becomes necessary to issue proceedings on your behalf it is important that you know and understand the "Overarching Obligations" set out in sections 16 to 26 of the Civil Procedure Act 2010 (Vic) a copy of which are enclosed. These are basically the key rules by which parties must conduct themselves in litigation in Victorian Courts. To confirm that you have read understand these obligations please sign and return the enclosed Form 4A Overarching Obligations Certificate at your earliest convenience.

If you have any queries, please call us on (03) 8567 1940

 

Kind regards,

NICHOLAS LAMBROS

LEGAL PRINCIPAL

I {fullName}, nominate and authorise FLD Legal to act on my behalf in the matter above. 

• I acknowledge I have read and understood FLD Legal’s Terms of Engagement.
• I have been given the opportunity to seek my own legal advice and/or to speak with a Legal Practitioner at FLD Legal 03 8567 1940 to discuss this authority prior to signing the same.
• I have been given access to and read the Overarching Obligation on me in accordance with s41 the Civil Procedure Act 2010 as set out in s16 to s26 of that Act and understand them.
• I have made the decision not to lodge a claim through my insurer, I understand my right to do so and may lodge a claim should I think it is appropriate to do so.

I authorise FLD Legal to:

• Recover my claim for repair costs, hire car costs, loss of income and associate losses arising from my recent motor vehicle accident, and I appoint your firm as my legal practitioner.
• Receive and make available information regarding my motor vehicle accident claim.
• Pay its legal fees using funds held in trust on my behalf
• Communicate and negotiate on my behalf to achieve a settlement.
• Initiate and conduct legal proceedings in my name as Plaintiff, Claimant or Applicant.
• Receive and handle settlement funds on my behalf.
• Complain to Australian Financial Complaints Authority (AFCA) about the at-fault driver’s insurer on my behalf

 

FORM 4A

Rule 4.09

IN THE MAGISTRATE COURT OF VICTORIA AT                                                      No. Cl-

B E T W E E N

{fullName}                                                                                        Plantiff and {mrmrsms37}                                                                                  Defendants

OVERARCHING OBLIGATIONS CERTIFICATION

Date of Document: {date99}	Solicitor's Code: CR120847
Filed on behalf of: The Plaintiff	DX:
Prepared by: FLD Legal Pty Ltd	Telephone: 03 8567 1940
Level 1, 13 Moller Street,	Ref:
Oakleigh, VIC,3166	Email: info@fldlegal.com.au

In accordance with section 41 of the Civil Procedure Act 2010, I {fullName}, certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of the Act.