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Need Some Legal/insurance Advice/help

Mr. Oizo

By Mr. Oizo,
in Victoria

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Mr. Oizo Grand Master

Mr. Oizo

Posted
Posted

The week before my car was written off, I got into an accident with a woman in the city.

She was at fault, and that was all sorted.

I sent her quotes to repair my car. The week after that, my car was written off.

I spoke to legal advice at uni, and they told me that I am legally entitled to that money, despite my car being written off, so I was assured of that.

She called me up yesterday and said she would pay for the cheaper quote (obviously).

I recieve the cheque in the mail today, and it is addressed to the Panel shop, not to me.

What do I do?

Call her up and say I need the cheque in my name?

Should I tell her the car is written off? -I'm only avoiding that because she will try and get out of paying, and I'm trying to avoid lawyers and legal costs.

She also said that she will only pay the full amount after the work has been done, which means I would have to pay out of my own pocket (with money I dont' have) and then she would re-imburse me.

Is this usually how this happens?

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Kaz200 Grand Master

Kaz200

Posted
Posted

Ages ago... RACV sent me a cheque to get damage fixed (someone else at fault) after receiving a quote from one of their approved repairers.. and I was told I could just keep the money and not fix the damage (was pretty minor and didn't give a rats ar5e anyway)... so I did!

Its none of her business if you get it fixed or not.. she's liable for the damage one way or another.

I'd just ring her and ask her to put it in your name & tell her you don't have cash lying around to fix the car, you need the full amount asap, give her back the other cheque.

Are you going through insurance or privately?

Mr. Oizo Grand Master

Mr. Oizo

Posted
  • Author
Posted
Ages ago... RACV sent me a cheque to get damage fixed (someone else at fault) after receiving a quote from one of their approved repairers.. and I was told I could just keep the money and not fix the damage (was pretty minor and didn't give a rats ar5e anyway)... so I did!

Its none of her business if you get it fixed or not.. she's liable for the damage one way or another.

I'd just ring her and ask her to put it in your name & tell her you don't have cash lying around to fix the car, you need the full amount asap, give her back the other cheque.

Are you going through insurance or privately?

Privately.

She told me she was with RACV, but it turns out she lied and isn't insured at all.

Al Grand Master

Al

Posted
Posted

Ditto........

She has no legal standing to make you fix the car out of your pocket first, then pay you after.

In a calm manner ask her to re-write the cheque to your name, for the full amount, mention that you have contacted legal aid and that she can not legally refuse this request. If she refusses, do not argue, simply state that your solicitor will be in touch. Ask your uni legal aid if they could make a phone call, on your behalf, stating that they are legally representing you and once they spin their legal jargon she will be writting that cheque b4 the conversation has ended :P. If your uni legal aid are unable to make the call you have a choice btw 2 options; Contact a solicitor (PM Ash-R31Nismoid, he knows someone) and pay a small fee for the call/service, or ask an older family friend to act as a solicitor :)

All the best

Mr. Oizo Grand Master

Mr. Oizo

Posted
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Posted

Thanks for that Al.

I'm going to call her up either tomorrow during the day, or possibly Monday.

And ask for the full amount in my name.

I really don't want to get lawyers involved, but my mum has contacted her lawyer, and he said if necessary, he will do it.

predator Grand Master

predator

Posted
Posted

ouch.. your onevia got a good smacking!

I am not sure what you're really worried about as the car is dead now anyhow. Getting the money back to fix repairs that are not really applicable anymore to me is a 'who cares situation'.. but I can understand how its money for nothing.

She will be a bit sus if you get the cheque in your name (I would), but I guess, in the end, it doesn't really matter who it goes to.

I would have thought too, that any accident, it is the other parties responsibilty to fix the vehicle to the state it was before, and not pending any further damage or paying for any of that damage. Not just giving a person money to do what they like. But if the car is written off, would the 'agreement' be void in a way?? (but I'm no lawyer). Wonder if she could worm her way out of it?

Mr. Oizo Grand Master

Mr. Oizo

Posted
  • Author
Posted
ouch.. your onevia got a good smacking!

I am not sure what you're really worried about as the car is dead now anyhow. Getting the money back to fix repairs that are not really applicable anymore to me is a 'who cares situation'.. but I can understand how its money for nothing.

She will be a bit sus if you get the cheque in your name (I would), but I guess, in the end, it doesn't really matter who it goes to.

I would have thought too, that any accident, it is the other parties responsibilty to fix the vehicle to the state it was before, and not pending any further damage or paying for any of that damage. Not just giving a person money to do what they like. But if the car is written off, would the 'agreement' be void in a way?? (but I'm no lawyer). Wonder if she could worm her way out of it?

After speaking to a lawyer, he said I have to get that money, well, I'm legally entitled to that money. It doesn't matter to her if my car is gone, stolen, crashed, or anything.

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