insurancelaw.org.au

[AUS] who is liable ? my mother's car which is listed under my father's insurance policy was involved in a motor vehicle accident. The insurance company organised a tow truck to take the car from our home to the repairer. in the process of backing into our drive way, the tow truck struck and damaged a supporting post of the carport. the insurance company says they're not liable as the tow truck company isn't their own the tow truck company isn't admitting fault and placing all blame on the driver. the driver has offered to "fix" the damages but i'm not holding my breath for it to happen. i've contacted http://www.legalaid.nsw.gov.au/ and http://www.insurancelaw.org.au/ Both recommend trying to get the insurance company to pay for damages which clearly isn't working. the "easy" option would be to lodge a claim under home insurance but i don't see why we have to pay the $300 excess and lose 10% no claim bonus for someone else's negligence. i have pictures of the damage and the tow truck in our driveway but none of the truck striking the pole help