My car was hit by drunken driver. Insurance company not interested. What can I do?

stuartgalt73

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My car was hit by a drunken driver. The driver WAS insured, but his insurance wont pay since he was drunk.

I only have a 3rd party insurance policy through RACQ and hence there is no cover for damage to my car. I thought I could get RACQ to pursue a Uninsured Motorvehicle Extension (UME) claim (RACQ call this a UTP claim), but RACQ said I am on my own and that I will need to chase this through small claims court.

Are the insurance company within their rights to do this?
 
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