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Claiming Damage Through Vic Roads.

ashneel

By ashneel,
in Victoria

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  • 4 months later...
JZP Proficient

JZP

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I know this isn't a car damage story, but it's a VicRoads incident all the same.

After the bushfires, the only thing that survived on my property was my steel gate & fence line. Anyhow, VicRoads decided to do some maintenance on the roadside verge a couple of weeks after the bushfires (go figure). They dropped a tree across my fence - my only surviving asset!! You can imagine my disappointment, considering we were traumatised by the fires and eager to get back on our feet again - with this careless piece of maintenance setting us back one step.

To cut a long story short - we lodged a complaint and they basically said bad luck. Initially they blamed the volunteer groups, then some other department, then we got in touch with a VicRoads representative for the bushfires. She said she'd look into it, but basically don't count on it (based some sort of legislation which I couldn't find). I felt like asking how she'd feel if I drove through ther front fence and said "bad luck, refer to the legislation".

We complained and chased the representative every second day for months and months. My wife and I took turns in hassling them. I only claimed bare minimum materials & bugger all labour. They eventually paid up after a VERY looooong time.

Hint: If you get a name, keep records, and the slightest hint of compensation - you gotta play the game and be persistent, really persistent.

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JZP Proficient

JZP

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And in the long run if its not a large sum of money (in which case they'll never pay up anyway) is it really worth waiting 'months and months' for a payout that may or may not happen? This is the question.

It got to be a battle of principle in the end. The amount of avoidance was frustrating. We eventually got our money.

That, and the insurance company playing funny buggers just made it our job to try and recover all the money we were owed.

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KamikazeNinja34 Veteran

KamikazeNinja34

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It can't be a battle of principles when your car is off the road. I argued with vicroads for four months with my car off the road and undriveable until I had to make the call because I needed the car back and working. It took a further 3 months of labour to fix the damn thing. Had I kept arguing or taken them to court I likely still wouldn't have anything more than a broken car in my basement.

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KamikazeNinja34 Veteran

KamikazeNinja34

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No. Their process via notice of incident and claim is you send them a quote. They sit on their hands and think for a bit and then tell you they're not liable for any damage caused in part or wholly by road conditions. And that I quote almost verbatim. Oh...and you have to submit all of your paperwork within 30 days of the incident.

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Room42 Proficient

Room42

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Once I got offered $3k. I said no way. Five years later and $20k of lawyer fees I got $126k. Gotta keep at em and make em pay. Federal legislation over rides any company/local government policy.

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Sunkist Grand Master

Sunkist

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Once I got offered $3k. I said no way. Five years later and $20k of lawyer fees I got $126k. Gotta keep at em and make em pay. Federal legislation over rides any company/local government policy.

maybe in WA.. this is Vic..

but 126k and you still drive a 33? lol

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Sunkist Grand Master

Sunkist

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It was South Australia. There is better stuff to spend that amount of money on than cars.

true, but you'd think one thing to spend it on is to update an aged car. surely..

His point still stands. The Victoria part.

damn straight. fkn victoria. the place to wee

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Room42 Proficient

Room42

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I agree with you blokes totally about the vic laws. Just because someone has a 500 hp car doesn't mean they will hoon in it. Most cars will break the speed limit and burn rubber. It the drivers discretion entirely what the car does. What can ya do tho? Move to WA if you have to. Only difference here is that you don't get hassled by cops. No doubt you'd get busted for being a hoon but that isn't the point.

You'd be surprised what people will do when they are starting to think that they will lose in court and have to pay your lawyers bill. They usually give in. It just takes time and commitment. And make sure you have a legally winable case or you will lose your money and time. A lawyer will tell you if you can win for a fee. At worst you lose a few hundred dollars and fix your own car. Eh what can I say? It sucks to live in vic.

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