Need Some Advice On My Accident

[PIG747]

hi,

On friday evening i was involved in a car accident. I was driving straight along doonside cres when a guy decided to pull out infront of me and i t-boned him. He was trying to blame me for speeding when there was a speed hump a mere 20 meters from where the accident happened and even my mate in the car said i wasn't speeding.

Now the problem is we both have 3rd party and after speaking to the police they said that they can't force him to make a claim. He's car is a write-off but mine is still drivable. This guy has been a F**Kwit ever since it happened and has even been threatening me.

He said he saw me going over the speed hump and when i asked him why he still pulled out he couldn't answer me.

Worst part is i have rego coming up on the 18th and with my car being smashed up i need to pay for parts out of my own pocket to make my car roadworthy.

I have rang up his insurance and he still hasn't made a claim.

I have also read up on the net about possibly sending him a letter of demand with the price of what it will cost to fix my car. But in the long run i might have to take him to small claims court.

He wanted to pay for my excess to get a payout for his car and i said no chance of that happening.

Has anyone else had this happen to them and what measures did you take to get money out of them?

If i was in the wrong then i'd put my hand up and take the blame, but i guess not everyone is willing to be a man

Below are some pictures

Cheers Jonny

[GTRKat]

I've never had third party insurance so not 100% on how it works, however if you inform your insurance company that this has happened, will they assist you with chasing this claim?

We had issues with an asshole damaging my husbands Audi and being a total cocksmoker about payment and the insurance company was fabulous.

[Chibs]

Hey Dude,

I am sorry to hear such a nice car be ruined to such a nugget of whats looks like to be a lancer....

The only way for your car to be repaired completely is for him to lodge a claim with his insurance company because he has 3rd party his insurance will cover ALL repairs...

You can fill out a letter of demand but this is a lengthy process and still wont be %100...

I had a similiar incident where the other guy had no insurance and i had third party... I didnt bother with the police/letter of demand or court... I just threatened him with legal action and he pulled through in the end... And dont even bother with police they dont like to get involved in "Insurance Matters"

Unfortunately there are people like this in the world... Threaten him with legal action and hope it works.... my advice

[eiresgaus]

Had a situation like this myself, the guy was uninsured but I just gave my insurance company a ring, had it fixed within a week with my insurance paying for it at the time, I assume they chased him for the cash after and I didn't have to do a thing.

[fib]

Were the police there after the accident?

It looks clearly the other guy's fault.

3rd party insurance is a b*tch because your own company won't lay a hand at helping you get the guy to make a claim, neither will his insurance company. I've been in this situation before but luckily the police were involved and had statements/description of the accident.

You will probably need to take legal action since that guy is being a d1ck.

[batakr33]

Man that sucks ! is your car full matt black ? think ive seen it before.

Cops wont do anything so I say speak to a lawyer about it.

[Hotsizzle]

dam sad to hear man nothing abit of bog cant fix good luck with your car

[Luke_GTS-T]

threaten him by saying you'll take "legal action"

[MattyFlynn]

f**k man I knew this would happen

Did u get his driver licence details?

U have pics,, the pics themselves show that he pulled out infront of u cause of where u hit him

[GTR-N1]

Hi Jonny,

* As GTRKat said, your 3rd party property insurance company can advise you.

* NRMA Legal,(if you belong to them) can advise you too.

* Traffic Lawyer List http://www.skylinesaustralia.com/forums/Tr...st-t328040.html

...and David Wilson for a small nominal fee can send a letter of demand.

Take along the Police Event Number & Explain...

a) the other party is in the wrong even though he won't admit it

b) you were well within the speed limit

c) you have a credible witness

If you or your passenger have any neck soreness, contact your CTP insurance company and put the above in the system too + get an appointment with your Dr.

You ain't "BLOND" at all!

[MBS206]

From memory, he also has upto 14 days to make a claim before you are able to take legal action.

[PIG747]

i'm in the process of getting a letter of demand and if that fails then i will be taking him to small claims court. He's old man was saying he'll take it to court and what not but i don't mind. I'm doing it more for the principal now and this way it's going to cost them even more money.

I gave them the option of supplying me with just the parts to repair my car and that i would fit and paint them all but they didn't want to come to the party.

Thanks for all the kind words and help

[Phil-085]

Depending who your insurer is they may have an "uninsured driver clause" in it which means you can class him as basically being unisured and make a claim through your insurance then they will chase him for the cost of the repairs.

I know this is the case with mine through NRMA

Off the NRMA site

Uninsured motorist damage

If you’re in a collision with someone without insurance, but they’re at fault and you have their details, we’ll pay for the damage to your car up to $5000.

Edited November 18, 2010 by Phil-085

[PIG747]

Depending who your insurer is they may have an "uninsured driver clause" in it which means you can class him as basically being unisured and make a claim through your insurance then they will chase him for the cost of the repairs.

I know this is the case with mine through NRMA

Off the NRMA site

Uninsured motorist damage

If you’re in a collision with someone without insurance, but they’re at fault and you have their details, we’ll pay for the damage to your car up to $5000.

Thanks mate, i will check my policy to see if i'm covered by this

[evil_weevil]

he has insurance, its TPO - its only if they have no cover at all is when that cover is usable

[Beer Baron]

unfortunately your only real option (assuming your insurer won't help you and they wont since you don't have full insurance) is to send a letter of demand. get two quotes from 2 different repairers and attach them with your letter of demand. he will most likely chuck it in the bin or maybe he'll send you a letter of demand stating you owe him money for damaging his car.

after this you then go to small claims court. it looks like it's most likely his fault (but they may rule against you). so assuming you win (and remember you might lose) then court will then direct him to pay you. he will most likely laugh at that too and not do a thing. and so will continue the processes of trying to get money out of him.

the one thing to take away from all this is that full insurance is a must. if you had full insurance you'd have no problem. they would pay for your repairs and make damn sure they got their money back out of the deadbeat.

[R34Liner]

I know this doesn't help you but as beer baron said +1 on the full insurance, i'll never own a car without it.

GL man keep us all posted!!

[s13_Skyline_inside]

your insurance company should be able to supply you with a letter of demand, I had a guy run into me, I have 3rd party with just car insurance and they were able to supply me a letter of demand to send to him, my guy paid his insurance eventually and was sorted out.

good luck this kinda stuff is a pain in the ass

there are other less legal courses of action you can take but its not a good road to go down

[NYTSKY]

I dont know why insurance companies offer 3rd party insurance?!

Full insurance or no rego IMO.

[MBS206]

To all of those who are saying companies who offer TPP insurance and won't do anything when someone else hits you, when I was with GIO, I had an incident that I was not at fault for, and they told me straight away, if I pay the excess, they will fight the claim for me, BUT to save me the excess cost, to firstly try the cops, letter of demand etc, and once I've done all that and can't get anywhere to let them chase him down.

So I know GIO at least will take them on.