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View Full Version : Motor Vehicle Accident: what course of action to take



HJaz
31-12-2011, 01:28 PM
G'day, here's my story:

I was beginning a right turn at an intersection (I had a green arrow) in my Honda Jazz and was hit by another driver ("Wayne Kerr") in a head-on.

Wayne was already disqualified from driving. Basically he stole a car (but not before assaulting the owner), got drunk, ran a red light at 100km/hr through a 70km/hr intersection, got out of "his" car, and fled the scene. Substantial front-end damage, airbags went off, and gifted with some nasty whiplash, accelerator pedal into foot, etc, but otherwise very lucky. Pics of my car attached [forum error - front end is half squashed in, probably little of value under bonnet].

Police, ambulance, fire, etc turned up. Strangely the first three people on the scene were an off-duty motor vehicle assessor; an off-duty emergency doctor; and an off-duty firey.

Wayne was eventually found and charged and later pleaded guilty and was sentenced to two weeks of picking up garbage for his efforts.

I phoned NRMA to make a claim after getting home. Long story short, I lost my credit card, had it replaced, forgot to tell NRMA, missed a payment, and all over red-rover.

The owner of Wayne's stolen car didn't have insurance, her car was a write-off too. So I'm looking for options of disposing my Honda Jazz 2007 VTI-s hatchback auto, as well as recouping the market value it was insured for ($15,000).

It turns out that Wayne has a bit of a criminal record as well as many tattoos across his forehead, and is on a Disability Pension as a result, about $700pf. I'm certain I will win in civil court and have been told that he has no assets. If I could get remotely close to having fortnightly payments out of his Centrelink money to subsidise car loan repayments for another car I'd be pretty happy. I'm guessing I would need to either represent myself, get a lawyer, maybe try one of those free ones on the TV? Anyone know about the cost of a solicitor?

Disposing of the car: I've had a wrecker offer $400 for the vehicle to be turned into scrap metal; and two dodgy men turned up at my door offering $500. Are there any financially better disposal options than that?

Thank you

DakDak
31-12-2011, 03:36 PM
Try to strip the remaining goodies out of it and post it up on gumtree or ozhonda or something. Then sell the remainder off to the wrecker, your going to get only 500 either way so why not make some cash ontop. Shame about not being covered by insurance.

Cant believe there are pieces of shit like this getting kissed on the dick for being a piece of shit. A solicitor is very expensive, have a quick chat with one and see if you can find one with a no wim no fee policy. All lawyers are the same imo. I paid like 3 k for a laywer my friend 1.5k still got same result.

90LAN
31-12-2011, 04:46 PM
you can sue the owners ctp on her rego for injury maybe and try to get some money back

HJaz
03-01-2012, 06:43 PM
Thank you for the advice.

Fredoops
05-01-2012, 06:48 PM
Try legal aid, you might get a free lawyer.
http://www.legalaid.nsw.gov.au/get-legal-help/applying-for-legal-aid

Ps: community service for all that carnage???!?!? What kind of lame ass public persecutor run the courts?!?
Grand theft auto, causing bodily harm, fleeing an accident scene, assault, drink driving + wreck less driving, speeding over 25k limit.

That's at least a 6-12 mth stint in the locker. WTF

HJaz
05-01-2012, 07:59 PM
Tried Legal Aid but Wayne got to them first and they won't let two sides of a case use Legal Aid. Bit stuck. Anyway, the policeman who investigated the accident phoned me up and said: "Good news, he pleaded guilty. Got 2 weeks community service." I was like: "You've gotta be kidding me. Good news?" Basically they don't put you away anymore unless you kill someone.

Setanta
05-01-2012, 08:07 PM
You won't get a cent out of Wayne - he's on minimum wage and disability pension, I doubt the courts will garnish that unless you want $20 bucks a week. If you are working and getting a decent income, legal aid won't help and lawyers cost money and I doubt you'll get legal costs out of Wayne if you win. CTP only covers "... personal injury to any other party in the event of a personal injury claim made against them by other road users". You are covered by the other owner's CTP, your car isn't. I hope you were holding your neck and claiming whiplash as you were helped out of the car.

Part it on ebay and sell the rest to a wrecker for $50 bucks, buy a case of beer to drown your sorrows as sadly you won't see much from the whole event :(

The best advice is always "seek professional legal advice" and don't forget that "the only winners in court cases are lawyers". Old mate Wayne certainly won't lose :(

DakDak
05-01-2012, 08:57 PM
This is so ****ing bs. I get tricked into writing an incrminating statement. And lose my lience for 4 months. I WAS F*(KING INNOCENT.
Retard piece of crap gets drunk and writes shit off. 2 weeks community service.
MOTHER*(KING CRAP

End rant/
No faith in the system.

HJaz
06-01-2012, 11:02 AM
Very good advice. Thanks all. Here's to buying a slab tonight.

Johnie
06-01-2012, 11:51 AM
part out the parts that didb't get damage or if u want it gone fast sell it as a whole, put on firesport, here etc

LD_Mart
06-01-2012, 12:40 PM
NRMA should still cover you. Family friend of ours crashed there Peugeot 206 into the back of some mercedes at high speed. Was gonna gonna cost them a fortune.
When they went to claim they said they missed there last 2 payments but they ended up being in argument with NRMA for ages and NRMA agreed to pay them out as they were never notified that they missed payments. They just battled it out saying how they have been loyal for X amount years and never used any other insurance company and blah blah and yeh ended up getting it all fixed it up.

So i reckon if they never notified you that u missed a payment then you should put up a fight.

JPR28610
06-01-2012, 01:38 PM
mate sus it out with a lawyer of some sort and see what your options are. you definately should be entitled to something whether its from that drunk, broke, dumb, criminal thing or from your dog insurance. everyone pays good money for insurance and when you claim they find any way to avoid paying you good money.

HJaz
06-01-2012, 08:30 PM
It was NRMA. I thought I was insured with them, never got a notification in the mail. They sent me a copy from their printing warehouse that says they did send me a letter. That doesn't prove that it got to my letterbox though. Will give it a try. Thanks.