Car Accident

[eric_cheung_]

today, when i stop at the traffic light, suddenly have a car crush me from the back (we both have not insurance), it cause my back bumper remove a little bit, the baggage cover have a big gap, then we go to the body work shop and quote the price. The mechanic quote the price is $900, but the guys (who crush my car) dont accept the price and he said it was so expensive.

Then we go to other body work shop where is that guy recommend, but finally he cant find the place. So I suggest he pay me $500 first, then I go to his place tomorrow to fix my car, is the totally price was higher than $500, then I will call him ask for more money, but he just say "I dont have money, I dont have money"

Finally, we will go to his place (where he recommend for the body work) tomorrow, but Im scare he just go away. what should I do now? I think that is no point to go to his place to fix the car but he dont have money anyway....

please tell me what should I do

p.s please forgive my bad english writing skills

thx

[noise]

get insurance?

call the cops?

I dont know.

[_8OO5TED_]

do you have all his details? like full name and address and contact number and registration? if u dont, then i dont like your chances of chasing him up for the cash...

[Mr. Oizo]

There's a reason it's called compulsory third party insurance, you would have at least been covered under the 'uninsured motorist extension'.

I guess you must learn from your mistakes.

It's time to lawyer up.

[eric_cheung_]

thx all, but Im a overseas student here, so I dont know too much policy or law here, but sure I got all the detials I need....name,phone num, address, rego num....Im just scare he will go away and I claim nothing, and I dont know the way I can claim that money....

[Mr. Oizo]

thx all, but Im a overseas student here, so I dont know too much policy or law here, but sure I got all the detials I need....name,phone num, address, rego num....Im just scare he will go away and I claim nothing, and I dont know the way I can claim that money....

<{POST_SNAPBACK}>

find a lawyer as soon as you can

[siksII]

thx all, but Im a overseas student here, so I dont know too much policy or law here, but sure I got all the detials I need....name,phone num, address, rego num....Im just scare he will go away and I claim nothing, and I dont know the way I can claim that money....

<{POST_SNAPBACK}>

You have to send him a letter of demand. If you call or drop into any insurance agency they will give you a template for free.

You fill out this letter with his details, and two quotes, then he legally has to reply within two weeks with some sort of answer. At that stage usually the other party will just pay up, especially small amounts such as the 900 you need.

So thats how to start the process of getting your money back.

[madbung]

There's a reason it's called compulsory third party insurance, you would have at least been covered under the 'uninsured motorist extension'.

I guess you must learn from your mistakes.

It's time to lawyer up.

<{POST_SNAPBACK}>

compulsary (part of rego) 3rd party in Vic covers occupants only ie: personal injury.

You should have called the police at the scene if he had no insurance....saves headaches.

Now you can either get a solicitor and take him to court with 3 quotes and he'll pay for court costs on top of repair costs(if you have a witness).

Fair ammount of hassle for both parties.

Or you could get his unknown (to you) mate to repair your car.

My advice would be to try and explain to him that you want to get 3 quotes and he can pick from them and if he winges tell him he can come along for the quotes if he wants(might think you're ripping him off)...or you'll take him to court and then explain the extra cost involved for him.

Edited October 24, 2005 by madbung

[siksII]

compulsary (part of rego) 3rd party in Vic covers occupants only ie: personal injury.

You should have called the police at the scene if he had no insurance....saves headaches.

<{POST_SNAPBACK}>

The police wont come to the scene of an accident or even bother with a report if you go into the station in most cases unless there is suspected drugs/alcohol, a major (violent) issue or if some one has been hurt. i am talking about NSW it may be different in other states but thats how it is here.

Also i think the other guy was confused and meant 3rd party property(not compulsory), which does have a feature where it covers you for a few thousand dollars if you are hit by an uninsured person.

Edited October 24, 2005 by siksII

[eric_cheung_]

Thx for all guys! I just go to the police station and report it to them, but they said the damage on my car is under $2500, no body hurt, my car have not been tow then they were not going to involve in my case. The police officer give me an advice, write a letter to him with 2quote, ask him to choose one of them and give me a reply within 2 weeks, if that guys didnt reply me or reject to pay, then I have to go to small claim court. Finally, thx for all the information you guys provide to me, and I will talk with that guy (who hit me) tomorrow, I hope everythings go well....

[my03]

eric- "i have no money" is not a good enough excuse, when someone damages another's property. he must pay, if he has money for petrol bills, rego, and to maintain avehicle he will definatly have 900 bucks.

in all honesty u are already being nice to him by giving him a chance to get a quiote at his place. u could be a kunt and goto the most expensive repairers!

i made the mistake of being nice and going to a place recomended to me by the guy who damaged my car. the place was shit! it specialised in doing taxi repairs, they did a half assed job everywhere!! eg- the rear bumper required to be resprayed the idiots didnt even bother taking it off! they masked it and some paint got over my exhaust!!!

[GTAHH]

Coming from someone who deals with this everyday, get a lawyer. The police will not help you if it is a minor accident, it is a court matter not a police matter

cheers

[TracidTrax]

dude its worth getting 3rd party, what would u do if some 1 smashed into u badly and did a runner?

[kudos.motorsports]

Mate I went through a similar thing a few years ago, one major point that was different was the other party had insurance that said the procedure is still the same. Either way don’t aggressively confront the person, this is harassment and won’t get you anywhere.

As a member of RACQ (Royal Automotive Club of Queensland) you are entailed to free legal advice, not representation, I can only assume the other states and territories equivalents have the same facilities. As a member I was told to do the following, start with a Letter of Demand. This letter outlines the event (incident, location, time etc), contains both your details and finally the total amount due. I also would attach a copy of the quote/invoice. If you receive no response within 2 weeks of this first follow with a second, which outlines your intentions to lodge a claim if not paid within the dates set by you. If you have a cool head I would say there is no problems with delivering the first letter in person. Although I would recommend sending the second via registered post with person to person delivery, therefore this is an official record of them receiving it. Hopefully this scares the other party enough to just pay, otherwise it is time to start a small claim proceeding.

Any amount under $5000 is classed as a small claim. I never got this far, but as I understand they will be summonsed to court and then if found in the wrong, which by the sounds of this accident this will be the case, a court order will be issued for payment.

Please note: If you too are a member of such an organisation as the RACQ they have templates for such letters and can email them to you.

Best of Luck,

Andrew

[kudos.motorsports]

That said I should also encourage people that believe they are being “bullied” into accepting fault not too. If you genuinely believe that you not at fault or believe that fault should be shared, have your moment to argue your point in the court room, not on the street. Remember the magistrate will rule on the facts, not by who is the most intimidating.

[eric_cheung_]

thx for all information! I received a ridiculous SMS in the morning "Im thinking to pay you $300 and end the case, this is the price i can afford, otherwise you go to the court to sort it out, and I dont want to be unfair with you, sorry"

What the hell....

ive been other palce to qutoe the price, the cheaper place costs $600, and I will see the guys tonight to organize the price.

Once again, thx all guys!

[fluent]

hmm take the $300 then letter of demand requiring another $300? Then take him to court i guess...

You really should have 3rd Party Insurance , get it asap, in case you crash into someone else and its your fault

[liber8_d]

The police wont come to the scene of an accident or even bother with a report if you go into the station in most cases unless there is suspected drugs/alcohol, a major (violent) issue or if some one has been hurt. i am talking about NSW it may be different in other states but thats how it is here.

Also i think the other guy was confused and meant 3rd party property(not compulsory), which does have a feature where it covers you for a few thousand dollars if you are hit by an uninsured person.

<{POST_SNAPBACK}>

Thats wrong actually mate. I got hit from behind in my Subie a few months ago. The driver was uninsured, and I made a point not to even move my car until I had called the cops, they had turned up, and cops said yep, her fault, you can move the car ok now. She got done for negligent driving.

If the other driver is at fault and uninsured, always get at least a witness's details, preferably a police report. It is up to you where you take your car to get fixed, it just might make it harder to get the money back if you do. The woman who crashed into me tried to get me to take my car to a shop where her ex worked at, but I had it taken to a place which I know is good. I had insurance though, so I claimed through my insurance and they pursue it against her.

[CNR33]

If you've been hit from behind, it always their fault.

I'd go with the letter of demand, and tell him you're willing to take him to court.

If he can't afford insurance, he shouldn't be on the road.

Someone recently mentioned that there is a law somewhere that you can't renew your car rego unless you present a current insurance policy. I think they should bring that in here - would save so many headaches!

[someonestolecc]

hmm take the $300 then letter of demand requiring another $300? Then take him to court i guess...

You really should have 3rd Party Insurance , get it asap, in case you crash into someone else and its your fault

<{POST_SNAPBACK}>

No that's wrong!!

If you take the $300 it can be argued you accepted it as payment to end the case- so no I would only accept the whole amount!