My R32, Destroyeddddddd

[sloe-32]

g'day people! i need some help on what i need/should do in my situation.

last friday night (4th), a bloke in an XD Falcon smashed up my arse while i was stationary at the lights, causing me to smash into the volvo in front of me. unfortunately, he wasn't insured (says he's never been in an accident, so why bother) and im only on 3rd party insurance. the total damaged caused to my car was $8300 + GST. Just Car Insurance said they will only pay me out 3000, and want nothing else to do with me.

Now the pickle that im in is that i have to try and get some money off this bloke myself to cover the rest of the damages. I called him the other day and he said that he will try and come up with the funds, but can't get it through the bank as he has a bad credit rating. He said that if his superannuation allows him to take out a portion of his savings, he will be able to give me that.

what worries me now is the fact that he will probably not be able or worse, wont pay up. what steps would i need to take if he cant come up with the funds? i've heard stories that people have been paid $5/month if they can prove to teh court that they can't afford to pay back the damages. is this true?

what makes it 100 times worse, is that my car was up for sale, and already had a buyer pending his finance FFS. now im left with jack shit, and a lot of money lost down the drain.

Also, what is a damaged r32gtst worth? rear end was hit, qtr panels unscathed, just the boot and everything else pushed all the way up against the petrol tank. front damage isnt severe, cooler munted, headlights and reo bar. click on my sig to find out what mods there is on the car.

any advice would be appreciated!

[raz0r$harP.UK]

Hardship provs in super legislation won't extend to 'taking some money out so I can pay off the poor bloke I hit the other day.' So don't even hold your hopes up for that.

[R31Nismoid]

Damaged R32 = not a lot. Maybe 3k if you strip/sell it yourself. That would be best case i reckon.

As for him not paying up, you have to chase him in the civil court i believe, and unfortunately.

If he cant pay, then thats how it is. You cant get money out of someone that does not have any.

Although Just Cars IMO should be paying you out the agreed value.

Your not at fault, someone wrote you off. They should pay you out and then chase him for the cash... i could be wrong but thats how i see it

[sloe-32]

yeah, my mechanic was going to chase Just Car up for everything it's worth, but in the Policy book, it states in black+white that they will only pay up to 3000 if damage is done by an uninsured party.

im so f*ckn angry how irresponsible some people can be by not having insurance. if i do end up selling the r32 for 3k AS is, and receiving 3k minus like 800bux excess, im left with a crummy $5k as oppose to the $14k i would have in a fortnight. losing out on a couple of hundred is fine, but $9,000 is fu*ckn ridiculous!!

[emts]

Yes this does suck,

and is the exact reason I always have full comp.

was in a similar situation a few months after i got my license, dude ran a stop sign t boned me and wrote off the car.

Luckily it was my parents and they had full comp, (and me as a driver)

one call to insurance company and was all sorted.

admittedly for some unknown reason I've had cheap ass insurance my whole life.

FFS when i bought my mustang as a 21 yo rating 4 driver parked on the street in Brunswick..was 700 full comp per year

What you need to do is file a third party recovery (pretty sure that's what it's called) then chase in the courts..

but yes if he a dole bludger with no cash you might only get $1 per week for rest of his life...which I feel is even more annoying.

[sloe-32]

arghhh im so annoyed at these type of people! i work my ass off (even took a year off uni) to enjoy my car, now its gone to shit. I didnt go full comp because Just Car wanted me to pay $3200 a year, with a $2000 excess, and will cover me for $10,000. absolute bullsh!t. so i opted for 3rd party, $627/year covering me for $5000 if stolen. ARGH IM SO FKN PISSED OFF!!!!!!!

hopefully he would be able to pay me more than $1/month as he has a job at Toyota Boshoku ot something. i would soo love to hit something right now!

[emts]

yes don't do that, after you put your fist though your windscreen in anger..(yes I did that once) it just cost much more...and hurts like a bitch...

[sloe-32]

LOLL ahhh man, it hurts so much to lose $9k! if i knew this woulda happened, i soooo would of went to crown and put 9 on black!

[Interloper]

Hardship provs in super legislation won't extend to 'taking some money out so I can pay off the poor bloke I hit the other day.' So don't even hold your hopes up for that.

agreed, he's dreaming if he thinks is super will pay out for that

I guess you have to take him to court & sue for damages?.....

farken sux big time tho

how did ya manage to control yourself when he said he had no insurance & no money & he reckons his super would pay out?....i would have lost it no doubt

[frx026]

You need to talk to a lawyer that specialises in litigation.

You may be able to sue the guy that hit you or sue just cars for more money.

It is pointless asking on a forum because everyone will have a sllightly different version of what they beleive to be the right course of action.

Talk to a lawyer.

Also if you have not already you ashould have visited the local police station and filed a report. The driver that ran into you could also be charged for a few things. It may not get you any moneu in the pocket, but it might make you feel a little better knowing he has been screwed by the law.

[Russman]

so i opted for 3rd party, $627/year covering me for $5000 if stolen. ARGH IM SO FKN PISSED OFF!!!!!!!

Get it stolen!

On a serious note, Condolences... Really sucks like a fat pig...

Involve police and get a lawyer. That's my advise.

[sloe-32]

yeah, i think ill get myself a lawyer if he doesnt come up with some sort of cash. i filed a police report that night it happened, as well as the lady that i was pushed into to upfront. i was just in shock when it all happened, my mind was just going everywhere.. now its all coming together. arghh. sux to be me. fresh 19yo, the one thing i worked for all down the drain... i s'pose it could be worse?

[Kozeyekan]

arghhh im so annoyed at these type of people! i work my ass off (even took a year off uni) to enjoy my car, now its gone to shit. I didnt go full comp because Just Car wanted me to pay $3200 a year, with a $2000 excess, and will cover me for $10,000. absolute bullsh!t. so i opted for 3rd party, $627/year covering me for $5000 if stolen. ARGH IM SO FKN PISSED OFF!!!!!!!

hopefully he would be able to pay me more than $1/month as he has a job at Toyota Boshoku ot something. i would soo love to hit something right now!

Damn, that sucks..... but what if someone stole the car now?...........

Hypothetically speaking, lets say it was parked out the front of your house. I assume it's still registered. Let's say you were intending on driving it to the mechanics (If the quarter panels aren't damaged, then can I assume that the rear axle i OK?)

Suddenly, in the middle of the night, a nasty person makes off with your pride and joy!

Would this hypothetical situation result in hypothetical $5,000?

Just a thought.....

Too bad it probably wouldn't work. Insurance companies would be all over something like this, although they seem to loathe to return your calls in a genuine dispute.

[R-SPEC]

sucks dude. shit timing aswell.

just as you were about to sell it....just thinking about it would piss me off.

shit happens i guess...

death to volvos.

[sloe-32]

Damn, that sucks..... but what if someone stole the car now?...........

Hypothetically speaking, lets say it was parked out the front of your house. I assume it's still registered. Let's say you were intending on driving it to the mechanics (If the quarter panels aren't damaged, then can I assume that the rear axle i OK?)

Suddenly, in the middle of the night, a nasty person makes off with your pride and joy!

Would this hypothetical situation result in hypothetical $5,000?

Just a thought.....

Too bad it probably wouldn't work. Insurance companies would be all over something like this, although they seem to loathe to return your calls in a genuine dispute.

LOLLL yeah ive totally thought about it. trust me LOL. i dont think i have the balls to though hahaha. the car is totally driveable though i wonder what insurance would say if it hypothetically got stolen? lol

[sloe-32]

so if anyone wants a damaged r32 with all the goodies (click SALE on the sig) pm me

[R-SPEC]

any pics of the damages?

[sloe-32]

i have some on my phone, but cant find my data cable, argh. can anyone upload them for me if i mms it to you?

[Rekin]

Justcar 3rd party insurance now has up to $10,000 coverage...

Upgrade your 3rd party for the extra dollars (or you may already have 10k coverage) and somehow the car gets stolen...Loss of $4k in the end.

This is all hypothetical and an addition to the previous post

[Kaz200]

DIBS ON AIRCON VENTS! (centre & left) and airbox with clips!! (if you wreck it)

Sorry to hear that

With super.. he can only get it out if he's been unemployed for 6months+ and on the dole etc and can prove he is in financial hardship and can't pay his bills. If he had a letter of demand for $13k or whatever I'm sure it might help him but if he's working it's VERY unlikely he will get any money from super.

3k? seriously? This guy in greensborough late last year was up to 10k and he still had half the car left!!

freakin 3k.. I'll give that to you tomorrow and wreck it myself It does depend how much damage but 3k is way out.