brothers car written off - both parties w/o insurance - what to do?

[hastE]

mods i wasnt sure where to post this, but you have permission to move it where its necessary.

i know its a honda forum, but ive also posted on ns.com just wanted other peoples previous experience with this mishap.

my brothers 180sx was written off today, parked on his misses driveway was inside the house when he heard a braking screech and a smash. the other party T-boned the 180sx (yes on the driveway) got out of the car and tried to do a runner. luckily neighbour was outside; tackled and held him up til the police arrived. only took 10mins (i assume theirs a cop blitz over the xmas holidays). guy got done for drink driving and is being taken to court by the police.


im not after sympathy replies. as titled describes both parties dont have insurance. what is the process for the payout? and how long does it usually take?

ive been speaking with friends and said it wouldnt matter if he had full comp bc insurance wont pay out since he got done for drink driving.

so does the person make small repayments until the debt is finished if they cant make a lump sum payment?

if this is the case, is their a greater form of compensation besides market value of the vehicle since now my brother doesnt have a car to get to work?

thoughts?

[warwick108]

well.. if your brother had insurance..then your brothers insurance would take care of matter.. as in.. your brothers car would get fixed and the insurance company would chase the drunk ass for the money..

[hastE]

^ if my brother had insurance, i wouldnt be posting this would i?

[TONTON]

daam that stuff only happens to nissan's aye

[hastE]

^ again how is that an effective reply.

not interested or after sympathy replies.

[Spoon-Accord]

well i guess, thats what the court will decide, I can't really give you a direct answer.

judges will punish according to law and what is deemed right with justice.

just sit tight and cross your fingers that guy who t boned your brothers car has a huge pocket

kenny

[hastE]

^ i hope so too. he looked early20 middle-eastern background =\

[Spoon-Accord]

ohh

thats a tuff one, what did the po po say about the situation?

left without a car for some stupid reason!

[hastE]

im not sure what he said, i dont think he did say anything.

was either too plastered to make a statement or the cops knew he had no insurance hence getting out of the car to do a runner.

hope he declares bankruptcy so hes in debt to the bank. small repayments siff. - time is money.

[Spoon-Accord]

not much you do can nor your brother,

really sucks, bloody drunks

did this happen early or later in day?

[hastE]

not much you do can nor your brother,

really sucks, bloody drunks

did this happen early or later in day?

around 6pm, plenty of daylight.

yeh i know sh!t happens.

[Raztaz]

take him to VCAT? or maybe the courts may make him pay for it

[90LAN]

yeah u will have to take him to court
sohe will have to pay up what the car is worth
but the bad thing is if he hasnt got any money/doesnt work/ bankrupt etc
he will only have to pay the min like $20 a week
so your bro is stuffed either way
its just bad luck
maybe he will consider insurance next time
i would see legal aid on the complusory third party on his rego
because it covers property damage and injury
the car could be part of the property

[MikeyG]

exactly what lan has said!

[steve88]

CTP only covers damage done too people not property. with all the police reports etc. you will win the case no doubt, any dumbass lawyer or solicitor will take the case for you and win + his charges

your remedies would be civil as well as criminal (due to drink driving)

in regards to insurance, his insurance wont pay out that is true (if he had it) but if you had insurance, they would just sue HIM and even if he only pays the insurance $20 a week (ie. hes bankrupt), you receive the full amount. insurance will milk him for the money dont you worry, thats why we pay a premium! for that comfort

[bungsai]

get a lawyer. pm me for more details, but yes get a lawyer.

[farkmedead]

The drunk driver will lose both the criminal and civil cases. And when you win the civil case, he has to pay your legal fees as well.

Unlucky incident but good luck with it

[hastE]

isit really $20 a week?

$1040 a year =\ who would wait 15years to claim back their full compensation.

thats ridiculous...

thanks for the replies but.

[Chuckz]

as others said, you'll win in court, but expect the worse when it comes to payout especially if he's the type of guy that would drink drive

[Djbinh]

hi mate i got a friend that has an s2000 for 3 days and a person t boned him... the other drive didnt have insurance its been 2 years now and he still hasnt got one bucks for the other drive gone through court reason been she doesnt have money to support herself

[xtercii]

what car was the guy driving? he's probably got some money if the car is decent...

[tiksie]

yeah u will have to take him to court
sohe will have to pay up what the car is worth
but the bad thing is if he hasnt got any money/doesnt work/ bankrupt etc
he will only have to pay the min like $20 a week
so your bro is stuffed either way
its just bad luck
maybe he will consider insurance next time
i would see legal aid on the complusory third party on his rego
because it covers property damage and injury
the car could be part of the property



Your greenslip does not:

* Cover the driver of your vehicle if the driver is 16 years or older and is not catastrophically injured (as defined by the Lifetime Care & Support Scheme)
* Cover damage to your vehicle or property.
* Cover damage to other peoples’ vehicles or property.
* Cover you for theft of your vehicle.

No luck there.

[hastE]

what car was the guy driving? he's probably got some money if the car is decent...

sw20 mr2.

i hope hes got 'some' money

then again he wasnt wearing any shoes =\

[hastE]

hi mate i got a friend that has an s2000 for 3 days and a person t boned him... the other drive didnt have insurance its been 2 years now and he still hasnt got one bucks for the other drive gone through court reason been she doesnt have money to support herself

i dont like what im hearing...

those kind of ppl should go to jail.

its worst then doing petrol runs or shoplifting.

[Euro08Jaz]

my uncle was in a similar situation, except he was sitting i the car and injured by a wrx who's driver did not have insurance drifting into him. third party insurance payed out my uncle for cost of vehicle and his injury's. not 2 sure how it works though best off to talk to authority's

[TonyD]

If he declares bankruptcy forget it, and he gets is a rap on the knucles with a bad credit rating. And then if you DO get money off him, he probably won't be ordered to pay the court costs, so that small victory will be offset by the fact you have to pay them, in which case it would have been cheaper to get the car fixed on its own. If he declares bankruptcy, the court can't order him to hand over cash he doesnt have.

Same thing happened to my mate. Turns out it was cheaper to fix the car then try and take the other party to court. That is why only dickheads drive without insurance =] I don't care what anyone else says, if you're uninsured, you are a dickhead. I'm just managing to pay comprehensive, but shit hot is it worth it. Hindsights a bitch aye? Best of luck with it all.

[SuiJin]

Problem is, he said it was a write off, how are you going to fix a write off.
Putting a car on a full car jig is not cheap, neither is the labor involved in the repair.

Also the fact that if a chassis is re-bent the car is declared unstable.


Worse case scenario is that the other party is bankrupt, that's the worse case, but that's still pretty unsure, considering he had a vehicle. IMO, he might have to sell his house if he had one etc. etc. or court will make him pay that lousy $20 a week repayment which then becomes a lifetime debt.

Not having insurance can be a bitch. Always be sure to park off road if possible, but not the footpath. Footpath are deemed as an infringement in Melbourne.

Good Luck.
Just tell Kelvin to start looking for another car.

[hastE]

If he declares bankruptcy forget it, and he gets is a rap on the knucles with a bad credit rating. And then if you DO get money off him, he probably won't be ordered to pay the court costs, so that small victory will be offset by the fact you have to pay them, in which case it would have been cheaper to get the car fixed on its own. If he declares bankruptcy, the court can't order him to hand over cash he doesnt have.

Same thing happened to my mate. Turns out it was cheaper to fix the car then try and take the other party to court. That is why only dickheads drive without insurance =] I don't care what anyone else says, if you're uninsured, you are a dickhead. I'm just managing to pay comprehensive, but shit hot is it worth it. Hindsights a bitch aye? Best of luck with it all.

you reckn its cheaper to find the passenger side half shell, cut and shut it, replace front and rear qtr panels, a new door and roof so it closes properly and then get the fker resprayed?

*

there are free solicitors to the public. its obvious by now what the outcome of this case will be. whos spending big money on a solicitor that isnt required?

*

i take it you're calling the majority of posters on this forum and your friend a "dickhead" b/c they dont have insurance.

hindsight is, *


*bennjamin edit No need for poor remarks

[MZ3]

Its going to be hard to get money off the guy.

Best option. Just cop it!

Part the car and sell it in bits. You'll be suprised at how much you get!

[steve88]

That is why only dickheads drive without insurance =] I don't care what anyone else says, if you're uninsured, you are a dickhead. I'm just managing to pay comprehensive, but shit hot is it worth it. Hindsights a bitch aye? Best of luck with it all.

exactly! such peace of mind, ur not just paying for the bonus of having ur car fixed too with comprehensive... ur paying for hte legal fees, the legal headaches all gone.

the girl that hit me was ocmpletely uninsured, no money, foreigner etc. i got my money at one hit, didnt have to worry about any court case!!

[Riviera_TypeS]

Off topic a little bit, this reminds me on the day when my car got hit real bad on the rear while stationary. Lucky had insurance so I had no headache. Just grabbed his details and off I went. Long story short, car got fixed and few weeks after, I received a letter from insurance company. It was just a kind notification letter that they will chase the other party ass for the amount of damage inflicted by sending debt collector. Never heard anything ever since. The other party didn't have insurance so sure good luck to him.

I would say what happened to your brother is a bad luck. There is a very slim probability that the guy can make a payout to recover your loss considering his rap sheet and his behavior. Like the other posters have said, 20 bucks per week is forgettable. You might as well just accept the fact and save yourselves a total headache, learn from experience, and move forward. Shit does happen and you need to be prepared mentally when it happens.

Not all lost though. What I suggest is to visit your local car wreckage auction or whatever they're called. They are more often than not will be interested to see what can be salvaged from the write off vehicle. You might recoup (albeit probably not that significant) value. But hey you got nothing to lose anyway. Something is better than nothing. Else there's always an option for you to do this yourselves.

Either way, good luck to you and your brother. Bottom line is next time buy insurance.

[sassy_fit_vtit]

get a good lawyer and go to civil court and sue for damages + legal cost.

Magistrate will probably rule in your brother favour given the other party was convicted of dui hence causing the accident.. Have no idea how payment is made if the other party can't afford it

[TonyD]

you reckn its cheaper to find the passenger side half shell, cut and shut it, replace front and rear qtr panels, a new door and roof so it closes properly and then get the fker resprayed?

you're a dickhead.

there are free solicitors to the public. its obvious by now what the outcome of this case will be. whos spending big money on a solicitor that isnt required?

you're a dickhead.

i take it you're calling the majority of posters on this forum and your friend a "dickhead" b/c they dont have insurance.

hindsight is, you're a dickhead.

Lol you are a stereotypical OzHonda poster. Illiterate and uneducated. Let the grown men talk about politics while you go chat up the chicks in your fully sik car br0. As the original poster, I'd have thought you would have had some common knowledge about law. I was mistaken.

Good luck getting a free lawyer to try and get money off a bankrupt defendant. Shows how much you actually know about the Australian legal system and the repercussions of having an uninsured car on the road, whether its just parked there or driving it. It's called COMPULSORY third party for a reason. If you don't know what COMPULSORY means, I suggest looking it up on www.dictionary.com

And yes, I am calling everyone on this forum without insurance a dickhead. None of my friends are stupid enough to drive without insurance so I don't have to call any of them dickheads =]

It is cheaper to buy a new car then fix the uninsured one. Tell your bro or whatever, next time, get insurance and don't be a dickhead =]

Good day to you, sir!

[Euro08Jaz]

dont you have third party insurance with rego??

[TonyD]

dont you have third party insurance with rego??

Not sure about other states, but in Victoria, the insurance that comes with rego doesn't cover you for damage to private property/persons, only to damage caused to public property. The compulsory third party covers you for damage to someone elses property/vehicle but not your own. Only speaking for Victoria here though.


you're not gonna get proper answers off an internet forum. go get some real legal advice and stop abusing other ppl for giving advice that u asked for in the first place

+2. Thanks mate, good to see others have some commonsense =]

[Limbo]

yep that's pretty much the gist.
The cops will charge him, but they normally will not take up a civil matter in relation to the property damage. You will need your own lawyer to sue him for damages. In court you won't have a problem about getting damages and cost (shouldn't be an issue). Trying to recover is the problem. If its ordinary damages, he can declare bankruptcy and your stuffed. The win will not mean anything. If your lawyer can get it under victims compensation, you will be lucky as bankruptcy doesn't forfiet victims comp.

Check how financially stable he is first. If you can get something out of court it would be in your best interest, some sort of settlement.

FYI - if you had 3 party property they usually pay when your not at fault. My friend was exactly in the same situationa and the insurance paid up with only 3rd party



If he declares bankruptcy forget it, and he gets is a rap on the knucles with a bad credit rating. And then if you DO get money off him, he probably won't be ordered to pay the court costs, so that small victory will be offset by the fact you have to pay them, in which case it would have been cheaper to get the car fixed on its own. If he declares bankruptcy, the court can't order him to hand over cash he doesnt have.

Same thing happened to my mate. Turns out it was cheaper to fix the car then try and take the other party to court. That is why only dickheads drive without insurance =] I don't care what anyone else says, if you're uninsured, you are a dickhead. I'm just managing to pay comprehensive, but shit hot is it worth it. Hindsights a bitch aye? Best of luck with it all.

[Riviera]

Courts your only option bro...


you reckn its cheaper to find the passenger side half shell, cut and shut it, replace front and rear qtr panels, a new door and roof so it closes properly and then get the fker resprayed?




if it came to this, you could find a rolling shell for like $1100, and just swap the motor over
if its worth it... judge it on the origianl cost of the vehicle and whats spent...

if its a CA18DET you could drop it into a pulsar, i got plenty of info on this
as my mates done it already and is doing it again...