accident..

androoz · Post by **androoz** » Sun May 30, 2004 2:08 pm

little accident

fil · Post by **fil** » Sun May 30, 2004 2:58 pm

dude haesh luck how much damage to your car
pics?

androoz · Post by **androoz** » Sun May 30, 2004 3:37 pm

front bumper, front left and the panel betweek the two popup lights are damaged.. still drivable.. will post the pictures up after i sort out whats gonna happen with his insurance etc..

Project2501 · Post by **Project2501** » Sun May 30, 2004 4:12 pm

Bad luck Andrew. Glad to hear that you are still ok.

Get all his details if he isnt insured. You are in for a fight, so draw out the whole incident on paper so you dont forget a single fact, and argue like all hell. Good luck with it

cheers

tom.

Chris 83JA · Post by **Chris 83JA** » Sun May 30, 2004 7:06 pm

sorry to hear that mate,

did you get his other details (apart from his phony insurance)?

androoz · Post by **androoz** » Sun May 30, 2004 9:27 pm

the dodgey guy claims he didnt bring his licence, but his brother was there (i know its his brother, as the look almost exactly the same) and produced his licence. Filed a police report today, the ran the plates, and indeed the car was registered to the brother (he wasnt driving, but still got the drivers address from it).

he also said yesterday that because he doesnt think its his fault, he'll take me to court and make me pay. i'm glad he wants to. i have photos of the scene and how the cars ended up.

im gonna give him a max of one week, and if he still doesnt pay up, i'll be the one who takes him to court. i just dont want it to come to this because i can imagine how expensive lawyer fees are.. and all that :(

when i called him today, he said he's not accepting fault anymore.. and he will let this go through insurance.. i go "i called up all the insurance comapnies, and none of them say they insure you". he didnt reply, and told me insurance will call you tomorrow.

have to see wat they say tomorrow though i fear i wont be getting any call from any insurance company.

im also beginning to suspect that this clown does not even have a licence.

what do you guys reckon i should do? i have only 3rd party insurance with Just Car.

tmz_99 · Post by **tmz_99** » Sun May 30, 2004 9:42 pm

ok, this is going to really be farily easy to resolve, altho it might take u a little while. dont worry about lawyers fees etc, he can take u to court, thats why u have 3rd party. He can only take u to small claims court.

You have done the right thing aqnd made a police report straight after the incident, this will put u in the good light with the cops and every1 else.

Im hoping you have witnesses, also make them make a statement on paper which u can keep, the sooner the better as later on the memory of the incident may fade, make sure that there is a witness to sign off as well as themselves.

Now,
I suggest that what needs to happen is stop talking to the guy, if he is hostile make sure all communication between the two of you is by registred mail (the kind he has to sign for, then the post will deliver u his signature) and make sure u keep a copy of every letter u send him, becomes VERY useful in court, its a lot harder to go back on your written word.

Get 3-4 quotes on the repair cost of your car (maybe talk to them about using aftermarket parts ;) may be cheaper anyways - but dont put that down in the quote, most places will do this happily, as in the end they make more margin, and u get a better looking staz).

register-mail him copies of the quotes asking him nicely to pay.

londge a summons with the small claims court (only cost like $70 i think) for the sum of the rapir job, u may also cover the costs of a rental car for the peroid of repair if u need transport for work, etc.

by this point an officer of the court willgo and speak to him and deliver his summons,USUALLY at this point people will try and settle (ie: cost of car repair but u'll wave the rental car hire). if it DOES get to court you can get legal-aid to represent you, these costs will also be recouped in the case and will be very small even if they are not. end result is a nice payout that will hopefully cover the repair cost of ur car.. its a shame that some idiots need this process to pay out, but I guess thats what it's there for. Last time it took me around 6 months to get $800 out of a guy for running up my ass, but @ the end of the day I upgraded and am more happy with what I have now anyways.:)

C Fernance · Post by **C Fernance** » Sun May 30, 2004 11:15 pm

I'm not sure about Just Cars, but some insurance companies will pay out in this situation and then go after them for you.

With NRMA 3rd party they will pay up to $3000 if you give them the uninsured drivers details and you aren't at fault. They will then go after the guy themselves, and if they end up getting more they will then give you the extra.

evogalant · Post by **evogalant** » Sun May 30, 2004 11:20 pm

when i did an online quote with justcars it said they do pay out upto $3000 if ur in an accident and the other driver dosn't have insurence

androoz · Post by **androoz** » Sun May 30, 2004 11:30 pm

that's right.. Just Car does the same. The only problem is you must get the responsible person to write a letter stating it was thier fault AND they dont have insurance.. funny how they fail to mention this part when signing up for the policy.

i have the letter (on scrap paper) saying he was at fault and signed, but it doesnt say that he has no insurance, because he claims he does). Im gonna ring them up again tomorrow and try again to see what they say.

toysrus · Post by **toysrus** » Mon May 31, 2004 11:39 am

tmz_99 wrote:ok, this is going to really be farily easy to resolve, altho it might take u a little while. dont worry about lawyers fees etc, he can take u to court, thats why u have 3rd party. He can only take u to small claims court.

You have done the right thing aqnd made a police report straight after the incident, this will put u in the good light with the cops and every1 else.

Im hoping you have witnesses, also make them make a statement on paper which u can keep, the sooner the better as later on the memory of the incident may fade, make sure that there is a witness to sign off as well as themselves.

Now,
I suggest that what needs to happen is stop talking to the guy, if he is hostile make sure all communication between the two of you is by registred mail (the kind he has to sign for, then the post will deliver u his signature) and make sure u keep a copy of every letter u send him, becomes VERY useful in court, its a lot harder to go back on your written word.

Get 3-4 quotes on the repair cost of your car (maybe talk to them about using aftermarket parts ;) may be cheaper anyways - but dont put that down in the quote, most places will do this happily, as in the end they make more margin, and u get a better looking staz).

register-mail him copies of the quotes asking him nicely to pay.

londge a summons with the small claims court (only cost like $70 i think) for the sum of the rapir job, u may also cover the costs of a rental car for the peroid of repair if u need transport for work, etc.

by this point an officer of the court willgo and speak to him and deliver his summons,USUALLY at this point people will try and settle (ie: cost of car repair but u'll wave the rental car hire). if it DOES get to court you can get legal-aid to represent you, these costs will also be recouped in the case and will be very small even if they are not. end result is a nice payout that will hopefully cover the repair cost of ur car.. its a shame that some idiots need this process to pay out, but I guess thats what it's there for. Last time it took me around 6 months to get $800 out of a guy for running up my ass, but @ the end of the day I upgraded and am more happy with what I have now anyways.:)

Remember you can also in most cases claim laywer fees on top of repair work and do the registered mail thing, with 'Delivery confirmation' so that you have proof he recieved it and the date he recieves it.

When you send him a letter, go along the lines if he doesn't meet the amount owing, he will have to pay your legal fees on top which say will double the costs :) and hopefully scare him enough.

Get witnesses (2 atleast) to make statements also, very very important !

I'm in the same situation, except mine is more clear cut as i was hit from behind, and this stupid dick has 3rd party and doesn't want to pay he's excess when it'll cost more than $1K anyway for the repairs, like how stupid can people be ?

Chris 83JA · Post by **Chris 83JA** » Mon May 31, 2004 12:37 pm

You might want to let whoever does the repairing know that you don't want the car written off, and u can help track down parts if need be.

It's probably a lot easier to write off starion than to find a new front bar

androoz · Post by **androoz** » Mon May 31, 2004 2:58 pm

turns out he has insurance, and now we both gotta pay the excess upfront, so the insurance companies can dispute the matter.. the other guy told his insurance company, his not at fault..

tmz_99 · Post by **tmz_99** » Mon May 31, 2004 3:07 pm

thats good man.. :D as long as u have photos etc, u'll have no problems. .:D

androoz · Post by **androoz** » Mon May 31, 2004 3:16 pm

yeah i hope so.. i just hope that it will go my way.. as im truely not at fault. and also i hope they will be able to find me a late model front bumper bar.. :(

Austarion

accident..

accident..

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