Need Help Legal Advise

[Kintake]

She denied ever hitting me and said she didn't know who I was.

This is why you can't give anyone the benefit of the doubt after an incident, this happens all the time.

[D_I_F]

I actually cant believe the guy in the BMW left the accident without calling the police.

I had woman lift her foot off the brake when they went searching for her phone in her handbag while sitting at a set of lights. She rolled into the back of my GTR and left a large scratch on the rear bar and cracked one of my reverse lights. While I was inspecting the damage she was sitting in her car saying "I only just tapped it. There is no damage. Don't worry about it" while her car was still hard up against mine. I had to order her out of car to give me her details. Just before I got back into the car, I took a picture on my phone of her car in the back of mine, and a picture of her number plate. She "said" she had insurance.

I called her later that day saying the car was booked to have a quote the next day and she wasn't worried "it was only a scratch. those are only like $200 to fix right?"

I had the quote, and actually had the repair work started immediately. The repairer replaced the rear bar as it was actually cracked. The light was also replaced. Total cost was around 3k and Shannon's (my insurer) sorted it all out.

Out of curticy, I called her and told her what the actual damage was, and the cost. She denied ever hitting me and said she didn't know who I was.

About a month later Shannon's called me saying there was a problem with the claim and that the woman denied ever hitting me.

"Do you have a police report" - No

"Do you have a witness" - No

"Do you have any photos" YES!!!

I emailed the photos in and never heard anything after that.

As people are assholes, I will always call the police if I am ever in an accident again. This 100% covers you. Who wants to the headache of someone lying after they just stuffed your car. You could end up being the one who has to pay. They may even invent a witness and say you backed into them? If they are driving without a license or insurance - BONUS. Just as long as I am covered with comprehensive insurance.

Ps - Your mate is an idiot. I want to call the cops right now and bust his ass!

The problem would have been with that they there was not enough evidence to recover from her.. But surely if you had taken the photo with her car and numberplates in it, that would have been enough to place her at the time of the accident.

Yes Yes, if you are unsure call the police and make a report!

[BASHO]

I agree with the general consensus, BMW guy should put it through insurance, at least he knows that the repair has a "warranty".

I had a taxi T-bone me when he ran a red light about 5 years ago. The taxi company wouldn't put it through insurance and as i only had 3rd party property Shannons wouldn't help me out. Captain Taxi decided to make a claim nearly 2 years after the acco and i finally got my money. Although i did put 10k on top of the claim, Zurich paid me out the agreed value...

I'm a bit puzzled here if you had third party property and it was plainly the other partys fault why wouldnt Shannons pick up the ball ?

Or is Shannons third party only for damage the third party policy holder may cause to others ?

[jebud]

I'm a bit puzzled here if you had third party property and it was plainly the other partys fault why wouldnt Shannons pick up the ball ?

Or is Shannons third party only for damage the third party policy holder may cause to others ?

Shannons told me that 3rd party property is only for the property i damage in my rampages... as far as i am concerned, if i have an at fault accident, why should the person that is on the recieving end suffer for my incompetence?

My damage i can deal with as it will teach my a valuable lesson, which i am sure what has happened to the main charcter in this thread...

If only our friend took out 3rd party property, it would have been $300 well spent?

[Kujotk]

I haven't read what anyone else has written, but if I was dumb enough to drive and uninsured car while suspended from driving, I would have quickly done the runner before anyones the wiser, or if there are cars around get him to drive around the corner to a quieter road for "safety reasons" and then do the runner.

if he's living at home or renting he can always say he doesn't have any assests, if he does put them in someone elses name who he can trust. Take all your money out of the bank and put it into a safety deposit box.

I would first say to the guy I hit if i was caught (assuming its an expensive BMW and not one of those 80's or 90's ones) I have no money, i'm in massive debt, lost my job, not insured what do you want me to do? Chances are he'll call the cops, but atleast you wont have a massive debt to pay if you can't afford it.

Other than that you can write a contract up saying that you are paying for the insurance excess for him to get the car repaired through the owners insurance company, if he signs it and you pay him the excess money, then there is no way he can get any more money from you for the damage.

You still have an issue with the cops after but thats almost nothing in comparrison to a bmw repair bill.

i'm not up to date with what the cops can give the driver but off the top of my head neg drive, driving while suspended, extra 6 months taken off driving.

Another avenue is to cut your losses if its a cheapish car, get the car turned to scrap at a metal yard where they melt it down, and then say it wasn't him and you don't know what there talking about.

Take your pic

but if i was the bmw driver and some derro hit me uninsured, suspended ect... I would have called the cops straight away and never let them out of my sight

but can I say your mates a clown?

[Kujotk]

I know he's an idiot for driving, But now he got so desperate he sold his car for 12k which he could easily got 20k minimum 94 r32 GTR v-spec. The dealers are now laughing and gonna sell it for 25k+ easy they made major profit.

wow i probably would have given him $12500 for it.... but then again he sounds like one of those guys who would put suga in the fuel tank hearing somewhere that ethanol is made from sugarcane in Australia....

so many possibilities for your mate to get out of it without any major hassel especially since I just read the BMW driver didn't call the cops, and he still manages to not only loose money and his pride and joy, but he will probably also get rapped by the cops.

Mate go find a new friend, he sounds retarted, your only as good as the people you surround yourself with.... good skill for life in general, hang around criminals, become a criminal. hang around idiots, become an idiot...

your choice but i'd be pissing that friend out of my life before he gets you into some retarted shit aswell

[RB25PWR]

looks like the ""dumb" friend of his has taken great initiative to rectify his mistake by selling his pride and joy to compensate the beema driver for his f**k up. for a "dumb" guy he sure as hell displays alot of common sense. everyone and anyone can have a lapse of judgement, so get the hell over it. everyone on this forum is so quick to point the finger at someones mistakes.

p.s- most guys wouldv taken der chances with the cops. worse case scenario they'l extend his suspension and then the insurance company will chase him for the money.

Firstly, "everyone and anyone can have a lapse of judgement" is NOT an excuse when you're driving uninsured and on suspended license. That's not a lapse in judgement, that's retarded. What if you hit a f**king ferrari and write it off? Have fun paying it off for the rest of your life. It would scare the hell out of me driving without insurance.

Secondly: Him selling his care for a ridiculously low price isn't common sense at all. He panicked and made a very silly move without putting much thought into it, again that's stupid.

Lastly on a different note: That story about that women who told her insurance she's never heard of you has now helped me, I'm going to take multiple pictures next time i'm in an accident, probably call the cops too.

[rukus]

How do you twitch your leg and hit the accelerator at a set of traffic lights?

Sounds like the guy completely n00b'd it and is trying to make up excuses for his shit driving.

This guy should stay unlicensed. By this story alone, he's not fit to be behind the wheel of an automatic car.

Keep him off the road, thanks!

[Fraser]

Lastly on a different note: That story about that women who told her insurance she's never heard of you has now helped me, I'm going to take multiple pictures next time i'm in an accident, probably call the cops too.

As soon as you get out of the car, check the other driver is ok, then take out your phone and take lots of pictures. Make sure you take the pictures BEFORE YOU MOVE YOUR CAR. Even if you call the police, the other driver could lie to them once you both have moved your cars out of traffic. If you have the pictures as of right after the accident, you can show the police.

I will always call the police from now on. Police report = sleep at night.

As soon as I have checked the other drivers condition, taken the pictures I would have called them. I would call them before I even speak to the other driver or move the car. Then you can say "the police are on the way" as you go to exchange details. The other guys is stuck then and won't really have time to come up with some BS play, or leave the scene.

The other reason to make the call before you talk to the other driver is so you can tell the operator "the other driver appears hostile, and I am in fear of them and don't really want to get out of my car" without the other driver hearing. Apparently this will over come the "What is the estimate damage rar rar rar. Do we really need to attend? A mobile unit will be there in approximately 1hour...."

[johnson]

Can anyone else say this guy is a noob? I think he gets the picture. Did the guy in the bmw get a quote for the repair? Ir ur mate had the cash straight away after selling the his car then i would let him go. Pretty sure he learnt his lesson if he made up for it. I for example ages ago drove my car forgetting it was out of rego for 5 days before i finally remembered to renew it.

If i smashed into anyone at the time i would of been screwed as id wouldnt of had insurance,yeh i know it was dumb. But then again its pretty easy to screw up like that for plenty of reasons,stress from work,lack of time or whatever.

[Fraser]

Can anyone else say this guy is a noob? I think he gets the picture. Did the guy in the bmw get a quote for the repair? Ir ur mate had the cash straight away after selling the his car then i would let him go. Pretty sure he learnt his lesson if he made up for it. I for example ages ago drove my car forgetting it was out of rego for 5 days before i finally remembered to renew it.

If i smashed into anyone at the time i would of been screwed as id wouldnt of had insurance,yeh i know it was dumb. But then again its pretty easy to screw up like that for plenty of reasons,stress from work,lack of time or whatever.

And I'm pretty sure that whoever you crashed into would have called the police straight away after they realized you didn't have insurance.

The guy who crashed into the BMW didn't have cash straight away. Its not like he pulled $ of of his pocket and gave it to the BMW driver at the accident. He had to go and sell the car. The BMW driver was very lucky the he didn't get left paying the insurance excess because the at fault driver walked away from it which is what most people would have done.

He didn't just let his rego laps because he forgot to renew it. He was driving with a suspended license. I don't think he could screw that up with "plenty of reasons,stress from work,lack of time or whatever." He didn't just forget. He was committing a criminal act by driving at all.

[GTR-N1]

I haven't read what anyone else has written, but if I was dumb enough to drive and uninsured car while suspended from driving, I would have quickly done the runner before anyones the wiser, or if there are cars around get him to drive around the corner to a quieter road for "safety reasons" and then do the runner.

if he's living at home or renting he can always say he doesn't have any assests, if he does put them in someone elses name who he can trust. Take all your money out of the bank and put it into a safety deposit box.

Tut-tut Tom,

Statistic:- 1 in 18 on the road, has a cancelled or suspended licence or an unregistered and therefore uninsured car.

Even if some d/ckhead did a runner on me and I was slightly injured, I'd only need to...

i) go to the side of the road and lie down; then an Ambo WILL be called, and...

ii) once an Ambo is called, a report on the accident is MANDATORY, and then...

iii) an investigation into a hit-and-run WILL emanate pursuant to me being medically attended

I trust your comments were subjective and NOT objective.

One can always get a bit panicky in the heat of the moment.

For instance, even if you were 'not-at-fault' in an accident, but you doubt if your alcohol level has dropped enough from the night before; upon testing +ve, you can then be deemed as partially 'at fault' and still lose your licence. My fellow pharmacist was catching a train for 6 months after his wrx was t-boned by a red-light runner.

Fraser's comments on taking pics asap are very wise. Before digital cams, the NRMA used to advise people to carry a piece of chalk to mark the position of the damaged cars.

[SKYTYM]

matter of the fact he was in the wrong but he paid for the damages to the bmw guy in the end.

Hes not like the type of people you guys have had mentioned, who say they will pay or do runners or deny hitting you anything like that.

He sold his car which was stupid but he paid the guy everything was sorted within the week. That was his first accident he ever had he learnt his lesson he's had no fines no violations except for the one speeding which he got suspended for 6 months. He made mistake of driving unlicensed and uninsured as he was late to work (bad excuse, but its still an excuse)he was stressed of things going on through his life studying family just lots of shit.

The car is manual not auto so i made up something bit his leg, he told me that he was just was not thinking straight and he was just out of it when it happened he didn't even realized it happened all he said was he remember just saying f**k as he hit.

The guy is a good guy he made a mistake thats life dont tell me you haven't made mistakes some people make big ones some make small ones its not like his intentions was to kill some one. I know this guy personally so i know how he feels about the whole situation. Theres no need to mention that he still a idiot and he shouldn't of been driving we already came to that conclusion already. He is very lucky the guy in the bmw was a nice guy and could see that he could trust my friend enough to get the money together and pay him back.

At the end of the day don't make the same mistake as him it's probably a common situation that happens to many people too.

[Kintake]

matter of the fact he was in the wrong but he paid for the damages to the bmw guy in the end.

If that's true, it proves hes not a complete asshole.

I had an unlicensed guy nearly run into the back of me about 2 years ago, and because he deemed it my fault he decided to follow me and eventually over take and stop me in the middle of the road. When I realized I couldn't go anywhere I stepped out armed, and he said "Why cant you fight one on one? I nearly hit you and I have no licence". I told him I don't want to fight anyone, you made me stop. This is the type of idiot most of us have dealt with, you cant blame us for having a go at your mate.

[Kujotk]

Tut-tut Tom,

Statistic:- 1 in 18 on the road, has a cancelled or suspended licence or an unregistered and therefore uninsured car.

Even if some d/ckhead did a runner on me and I was slightly injured, I'd only need to...

i) go to the side of the road and lie down; then an Ambo WILL be called, and...

ii) once an Ambo is called, a report on the accident is MANDATORY, and then...

iii) an investigation into a hit-and-run WILL emanate pursuant to me being medically attended

I trust your comments were subjective and NOT objective.

Sure thing terry, it all depends on the situation ofcorse, but if your knowingly driving an unrego/insured car while suspended chances are you are more aware of the situation and ready to do a runner even before you jump into a car to start driving, and can get out of the situation before the other guy you hit realises to take down a numberplate. Basically think of it as an ambush, we all know if your subject to an ambush your less likely to be prepared and be whitty enough to handle such a situation.

By no means do I condone this guy who hit the BMW but say it was a brand new 7 series??? I wouldn't want to be paying an $80k repair job even if I was @ fault.

This way of thinking is not right, but I can assure you there is more than half of the population who would try the runner if thrown into this guys situation. But at the end of the day thats why nothing covers you better than full comprehensive insurance, incase some idiot does this to me and in the confusion the guy escapes without any sign, I wont have to pay a massive repair bill, atleast I'll only have the excess to pay and not have to worry about a repair bill on one of my cars or on one of the family cars, because if I wasn't fully protected you could imagine the price of having to repair a Maserati even if i'm not a fault, the rear bumper costs $22k alone, one headlight is $11k, comp insurance is $800 a year for peace of mind, which would yopu prefer to pay?

[fib]

Bad luck to your friend mate, sux to be him

That's crazy how he let the brakes go, and was on first gear, and he accelerated and released the clutch. Talk about bad luck :S