Car Accident...No Insurance!

[xenonkuraz]

Hi guys. Recently I had an accident which was caused by the other party. It happened at the entry of a car park (sloped).

I was waiting for my turn to take a parking ticket when the person decided to back out (too expensive?) and they did not see me behind them.

*boom gnarl crack*. Their car landed on top of my bonnet!

Anyway, bottom line, it's there fault but neither of us have insurance. I have on paper her details and a short declaration that she is at fault (with signatures).

She is now calling up and saying it is both our fault (ftw?)...what are my options? I am planning to getting 2-3 quotes on the damage and giving it to her, but if she refuses to pay...? Can the police do anything?

There were no witnesses at the scene, and the only pictures taken were of the damage of my car. I couldn't take a picture of their car sitting on mine because they went forward again right after (and we had to move!)

EDIT 15/08/07

The lady called me up and finally agreed to settle the matter for a measly $400 (I have 3 quotes that suggest $950-$1100). So I drove an hour to her place to find that she was unwilling to pay.

She said to me, "I have a witness to prove that you crashed into me". I was fuming!

Funny thing is, as noted in the first post of this thread, I have a written statement in which she signed.

She kept reiterating that she has insurance, but is too 'fobby' to know how to make a claim, so she says. She showed me a piece of paper with insurance policies to the car, except she wouldn't let me see the name on the paper. "Why do you need to see it for?" ftw LOL!

So we fought for a long, long time in her house. I was going to get my family involved, and then the police, but in the end she said she'd give me $300 and then the other $100 later.

Let's see how it goes.

What a xlut!

[tiksie]

Nah mate, you can take it to court, and when you DO take it to court, she will probably end up paying it in $20 repayments until all of your damage is fixed.

The police wont do shit about it, I thought 3rd party was compulsory ? Im 95% sure 3rd party is compulsory, a taxi once U-turned into my car in january, I ended up getting my car fixed march! I didn't have insurance and I have learnt my lesson, lucky they had insurance, the only thing that took long was the waiting game of them putting in a claim number.

You can go to the police station and file a report and get them to contact the lady, if the lady still refuses to pay and says its both of your fault you will end up going to court, if/when you do go to court and you win the case then they will most probably put her onto a shitty payment plan where she will be paying you $20 a week till everything is payed off.

Yes its preety bullshit but you cant get angry at anyone but yourself, you shouldve had insurance, better yet, you both shouldve had 3rd party so you wouldve both been covered, even if you had 3rd party and she didnt I think you would still be in the same boat.

Just contact the police, explain the whole situation, you will need to go into a station to file a report on it all, then she will be contacted by you and then if she still doesnt want to cooperate the police will contact her (that happened in my case because the chick that owned the taxi..Not drive it, refused to file a claim and that she wanted quotes and all of this shit until she went and made a claim and get a claim number which is needed)

Police....If that doesnt work out, then you will take her to court or tell her your taking her to court, if/when that happens, your chances of getting the money for repairal is slim, but you can still give it a shot.

Good luck.

[TheSaint]

people are so ***ing shit

if that happened to me she would be in tears begging me to let her fix my car

no tolerance for stupid people, especially when its on the road lol

[m0nty ITR]

The police wont do shit about it, I thought 3rd party was compulsory ? Im 95% sure 3rd party is compulsory, a taxi once U-turned into my car in january, I ended up getting my car fixed march! I didn't have insurance and I have learnt my lesson, lucky they had insurance, the only thing that took long was the waiting game of them putting in a claim number.



Compulsory 3rd party is a green slip which covers for personal injury, but not for property. For that you need 3rd party property at least.

It should be compulsory to have at least 3rd party property as it can ruin your life if you're involved in an accident and don't have any insurance. I've seen it ruin lives.

All I can say is get the work done on the car, try a direct letter threatening court action unless she can provide the money for the damage and move on if it fails. Sometimes it can be better for your health to cut your losses than get involved in high stress court actions.

Oh, and get yourself some insurance too. :thumbsup:

[xenonkuraz]

I will get insurance asap! I just got the car recently and yeah I regret not doing insurance first...but it doesn't matter.

[Ph@t-G]

Well as covered by others before me, unfortunately you're pretty much on your own.

I had a similar incident happen to me a few years ago as well. I was driving along on a straight road dropping a mate off home when the guy next to me just swerved into me without checking his blind spot. We pull over, got details and even had the police and ambulance arrive at the scene cause my mate dislocated him leg.

A police report of taken, both our statements were lodged, and you know what? - until this day I have yet to receive this bloody report.

Went to the legal aid office and they said pretty much you can try and get the money off the one at fault but if they don't pay up you can go to court, but be prepared to have a lengthy hearing and in the end IF it goes your way get ready for a $5 a week payment for the next 100 years.

Police won't have the power to do anything as car accidents are civil matters. The only way for the other person at fault to pay is if you pray that they are law-abiding citizens and have a straight game, otherwise you just have to cut your loses and move on.

Driving without even a 3rd party property insurance is always a risk, and more so if something happens to you - turning into a huge headache and expensive lesson.

Good luck with it mate and hope all goes well. And remember to get at least 3rd party property next time. A few hundred bucks in the short term can and will save you a lot of headache and heartache.

[yfin]

your location would help the answer. Either way I would send her a letter of demand and if she doesn't pay sue her. If it was me I would do it even if I thought they had no money. I would bankrupt her if I thought she was lying.

[Simmo2302]

places like the ticket machines in parking lots, usually have video cameras, incase someone avoids the toll, or ram-raids thru the gate.

u can approach the company etc, and ask 4 the footage. but u will probably have to either, file a police report and get the cops to take a look at the footage.
or b. take it to court, and Subpoena <- (not how its spelt but u know what i mean) the footage from the company.

best thing is go to legal aid, they'll give u advice, and if u can apply 4 legal aid first then put in application 4 court procedings, that way legal aid will fund the application fee.

the police may b motivated to do something if u mention the cameras, that way they may b able to prosecute the person. if not get legal aid and take it to court, with 3 quotes 4 the damage and a look to possibly subpeona the video footage.

the other person has probably changed their mind cos they think=they can get away cos of lack of witnesses/ evidence. once u mention that u have or r going to get the video footage, they'll change their tune.

[yfin]

legal aid for a petty civil claim? You guys have a big expectation of legal aid that is far from reality. They have barely enough funding to represent alleged murderers who can't afford a lawyer.

If you want free legal advice you can go to a community legal centre. Basically a place where law students give their time for free.

[Shimian]

Sorry to hear. I would always take out an insurance policy. I know that not everyone can afford insurance, but if you are working, put aside about $2 a day and you will have money to buy insurance. Close to anyways

[didz]

Stuff it mate, she signed it so she's bound by it. Sue her arse off hardcore.

[TheSaint]

i like it ^^^ =D

[Simmo2302]

legal aid for a petty civil claim? You guys have a big expectation of legal aid that is far from reality. They have barely enough funding to represent alleged murderers who can't afford a lawyer.

If you want free legal advice you can go to a community legal centre. Basically a place where law students give their time for free.


dont kno what legal aid is like in other cities/states but with the brisbane legal aid office, u just walk in anytime, fill out a form and wait ur turn to see a lawyer for advice. whether or not u can apply for legal aid is another thing.

u can atleast get some good advice neway.

even if she signed the paper, it doesnt mean much cos there is not J.P. (justice of the peace) or any type of witness around, she could have been in "shock" from the accident or under "duress"

(having been thru court myself where a similiar signed agreement was thrown out for the reason of having no 3rd party sign it. learnt that the hard way)

the best u can do i guess is
1 file a police report if u can, even if they cant do nehting its still there.
2. see about the video footage showing the accident
3. go get legal advice (whereva u can)
3a. lawyer may recommend u send her a letter demanding payment within 14-30 days or u'll be forced to take court action.

4. go 2 court if she wont pay up, and screw her 4 everyhting she's got.

[yfin]

^^ there is a difference between 15 minutes of free advice and legal aid paying to run your hearing..

And that signed document does mean quite a bit. Doesn't need to be witnessed.

[Yasakani]

Good luck with it mate and hope all goes well. And remember to get at least 3rd party property next time. A few hundred bucks in the short term can and will save you a lot of headache and heartache.

Just wondering,
Is there any benefit at all of having 3rd party insurance if you are not at fault?

Also, another question... if you DO have FULL COMPREHENSIVE car insurance, and you get into a car accident where it is NOT your fault, but the party at fault is not admitting to it, can you get your car fixed/make a claim without admitting to the fault yourself? Or do you have to admit to the fault (even if you know it's not your fault) before being allowed to make the claim?
Just curious.

[didz]

Yfin is corect, every solicitor, barrister etc.. will tell you the same thing. Even legal aid will tell you! legal aid is barely helpful. They only give out free legal advice that most solicitors and barristers give out anyway. Pay 250-400 for good legal advice. It will be well worth it as there are PLENTY of common law precedents to support your case simply because of her signature.

[Petronas]

Sorry to hear. I would always take out an insurance policy. I know that not everyone can afford insurance, but if you are working, put aside about $2 a day and you will have money to buy insurance. Close to anyways

I'm a full time student - Insurance = $7000/$8000 a year for me and my 91 3rd gen Prelude.... I bought my car for $5000 lol...

[didz]

I'm a full time student - Insurance = $7000/$8000 a year for me and my 91 3rd gen Prelude.... I bought my car for $5000 lol...

I really hope that's a typo.

[nugget1]

I'm going through a similar thing with my scooter, my girlfriend was riding when this woman just pulled out of a service station and drove straight into her, luckily no injuries but the scooter is written off, it was brand new(1000 ks) after many phone calls and sending 2 letters of demand she still denies receiving the letters.
I filled out a accident report immediately and have a signed statement from a witness, this happened 4 months ago and look like it's going to drag on.
A friend is going to serve the letter of demand then I'm taking her to magistrates court, though chances of getting my money back look slim.
I used the legal aid website, they have all the info you need there. Good luck

[Shimian]

I'm a full time student - Insurance = $7000/$8000 a year for me and my 91 3rd gen Prelude.... I bought my car for $5000 lol...

Fark. When i was a full time student, my insurance was only $1300-1400. They must see the prelude as a bomb or your driving record sux :p

[NSPYRE]

thats gotta be a typo.

there are some real low people out there. anyone got a conscience these days?

[Simmo2302]

after many phone calls and sending 2 letters of demand she still denies receiving the letters.



when sending letters, send them via registered post, and tick the option to have a return receipt, i think its called.

basically the person has to sign to receive the registered mail, and then a little slip will be mailed back to you from aus post, with that persons signature on it. so u have proof that the person received the papers.

(had to do that when i went thru court, every time i had paper work sent off to the other party)

[Simmo2302]

I'm a full time student - Insurance = $7000/$8000 a year for me and my 91 3rd gen Prelude.... I bought my car for $5000 lol...

i hope thats a typo... a mate of mine has a done up commodore (turbo, chevy engine, fuel management system, etc, etc) and his insurance is only $1500 i think.

i guess the insurance has put ur $ up cos of bad driving record ? age? or maybe the area it is garaged in? maybe preludes r seen as more of a risk 2 get stolen? i dunno

but at that price i'd b shoppin round 4 quotes 4 other insurance companies.

(i have a 02 civic and pay $800/yr comprehensive and i have a rating 2 and i m still thinking of look round 4 a better deal)

[nugget1]

Damn I sent the 2nd letter registered but didn't tick the box, I only just saw the boxes on my receipt when you you mentioned it. My associate has talked to her and she's agreed to him delivering the letter in person.

[Simmo2302]

Damn I sent the 2nd letter registered but didn't tick the box, I only just saw the boxes on my receipt when you you mentioned it. My associate has talked to her and she's agreed to him delivering the letter in person.

yea its easy to miss.

i went thru court for 10 months getting custody of my son. the ex & her family pulled every trick in the book even after i got a lawyer, so i picked up on quite a few things to do with court. (ie it sucks and takes AGES to accomplish anyting)

[aimre]

Sorry to hear. I would always take out an insurance policy. I know that not everyone can afford insurance, but if you are working, put aside about $2 a day and you will have money to buy insurance. Close to anyways

But then its $2 a day petrol, $5 trains, $2 phone $2 electricity, home phone etc etc etc, it adds up mate, and some ppl cant afford it

[nugget1]

Simmo,
Rang Australia post and for a small fee I can get the proof of delivery, obviously if you tick the there's no fee. I'll know for next time,Thanks

[e240]

But then its $2 a day petrol, $5 trains, $2 phone $2 electricity, home phone etc etc etc, it adds up mate, and some ppl cant afford it

If one cannot afford at least 3rd Party Property Damage Insurance, one cannot afford to drive period.

They should make 3rd Party Property Damage cover compulsory, as we can see, many innocent people are victims of uninsured drivers who cannot afford damages thereafter.

[didz]

It's not just about buying the car, its maintaining as well. Which includes insurance, tyres, servicing etc...

I learned my lesson from my collision and no insurance when ur at fault really sucks.

[Simmo2302]

IMO the only insurance worth having is comprehensive,

i had a crash a few years back, a car drove out infront of me on a round about, i was in the right, as the law states u must give way to traffic on the right & ALL traffic already on the round about.

police were called, but the useless ****'ers didnt do anything, because of "conflicting stories" (the other person denied being in the wrong).

i had 3rd party property, fire & theft.

I had to chase up the other persons insurance company, get their details, (got told i was at fault and to *** off, but i got a fax number anyway to put forward my case)

had to fax off 3 quotes 4 repair (was a total write off), as well as a written version of my side of events supported by step by step diagrams. aswell as i went on the qld police website and printed excerpts from the road rules (mentioned above)and faxed it all off.

i must have done a good job (cos it made it clear i knew the laws and wasnt gunna just be flobbed off easily) cos they rang me and paid me the market value of the car within a week of faxing off the docs.

suckers i was given the car 4 free from a family friend and ended up getting $3000 after it was written off. hehehe

[e240]

The 3rd party Property cover is not to protect the policy Holder but the 3rd Party in the event the policy holder is at fault.

Your case is a bit different because your issue was more a case of dispute.




IMO the only insurance worth having is comprehensive,

i had a crash a few years back, a car drove out infront of me on a round about, i was in the right, as the law states u must give way to traffic on the right & ALL traffic already on the round about.

police were called, but the useless ****'ers didnt do anything, because of "conflicting stories" (the other person denied being in the wrong).

i had 3rd party property, fire & theft.

I had to chase up the other persons insurance company, get their details, (got told i was at fault and to *** off, but i got a fax number anyway to put forward my case)

had to fax off 3 quotes 4 repair (was a total write off), as well as a written version of my side of events supported by step by step diagrams. aswell as i went on the qld police website and printed excerpts from the road rules (mentioned above)and faxed it all off.

i must have done a good job (cos it made it clear i knew the laws and wasnt gunna just be flobbed off easily) cos they rang me and paid me the market value of the car within a week of faxing off the docs.

suckers i was given the car 4 free from a family friend and ended up getting $3000 after it was written off. hehehe

[Simmo2302]

The 3rd party Property cover is not to protect the policy Holder but the 3rd Party in the event the policy holder is at fault.

Your case is a bit different because your issue was more a case of dispute.


exactly, unless u got comprehensive, u arnt really covered, u have to chase up the other party.

CTP insurance, is in rego and protects against personal injury to other party up to so much

3rd party property, protects other party against property damage up to so much.

3rd party, fire & theft protects as above, but also covers your car incase of fire or theft.

comprehensive covers u, ur car & ther other party against most things up to so much.

*** anyone correct me if i m wrong, i neva really looked close at my policy statement***

[e240]

My point is that if you drive a car, you need to make sure that you can cover the 3rd party in an accident should you be at fault.

It isn't about whether you can repair your own car.

If you have an accident with me and you're at fault, I couldn't care less whether you can repair your car but I will be concerned whether you can repair mine.

Yes, I may have to chase up your insurance and yes, you may dispute (of course you will) but at the end of the day, when you're proven to be at fault, your insurance will pay me. I don't have to sue you to get my money back.

[aimre]

^^

Never denied insurance isn't a must, and i agree u shouldnt drive without insurance, but saying its just $2 a day is a flawed argument.

Also, simmo, why would i get comp insurance on a 6k car? so that ive payed off the car in 3 years? hardly seems worth it. I wouldnt get compo insurance on a car worth lestt than about 10-12k

[Shimian]

Im only saying put aside $2 a day to help with insurance. Im not saying its a must to get insurance if you drive, but it will help. Like i said, if ur working (assume its full time), putting aside $2 a day will help rather than at the end of the year you get hit with an $800 bill. Not everyone saves this way, but i do with my insurance/rego and I dont feel the pain when the bill comes.

I have a friend who has never bought insurance for 10 years. Ok, assume each year's insurance costs him $800. $800 x 10 years = $8,000. Now he says he doesnt believe in insurance and he says he has saved himself $8,000. But if he had an accident and costs him $8k, where is he going to find that money as he has not actually put aside $8k for the time he hasnt payed. Now he will need to scrounge for $8k to pay the damage.
Lol, he also doesnt believe in home insurance, and applies the same theory. So if his house burns down (touchwood), he is screwed.

[Yasakani]

Just wondering,
Is there any benefit at all of having 3rd party insurance if you are not at fault?

Also, another question... if you DO have FULL COMPREHENSIVE car insurance, and you get into a car accident where it is NOT your fault, but the party at fault is not admitting to it, can you get your car fixed/make a claim without admitting to the fault yourself? Or do you have to admit to the fault (even if you know it's not your fault) before being allowed to make the claim?
Just curious.

^^^
Can someone in the know or with some experience answer my question? :)
Thx

[Simmo2302]

Also, simmo, why would i get comp insurance on a 6k car? so that ive payed off the car in 3 years? hardly seems worth it. I wouldnt get compo insurance on a car worth lestt than about 10-12k



Just wondering,
Is there any benefit at all of having 3rd party insurance if you are not at fault?

Also, another question... if you DO have FULL COMPREHENSIVE car insurance, and you get into a car accident where it is NOT your fault, but the party at fault is not admitting to it, can you get your car fixed/make a claim without admitting to the fault yourself? Or do you have to admit to the fault (even if you know it's not your fault) before being allowed to make the claim?

@Aimre

getting COMP insurance on a 6k car may not seem worth it, but i'd get it for 3 reasons.
1. having it saves u alot of headache chasing up the other persons insurance company trying to prove u were in the right.
2. not many ppl have 6k lying around to fix or replace their car (yes i kno IF u were in the right, they pay 4 ur car to b fixed or replaced, but... IF u were in the wrong, ur loss...)
3. If u r in the wrong and smash a mercedez or other expensive car, i dont think many ppl have 20k+ lying around either.


either way i guess its personal preference really :-S



@ Yasakani
Q:Is there any benefit at all of having 3rd party insurance if you are not at fault?

A: 3rd party property covers the other car 4 damage if YOU are at fault, so If you are not at fault, theres no point in having it. BUT.. most ppl take it out anyway just in case one day you ARE at fault.

Q:if you DO have FULL COMPREHENSIVE car insurance, and you get into a car accident where it is NOT your fault, but the party at fault is not admitting to it, can you get your car fixed/make a claim without admitting to the fault yourself? Or do you have to admit to the fault (even if you know it's not your fault) before being allowed to make the claim?

when i had my accident, b4 i realised i'd have to chase everything up, i went to make a claim and was told if i had comprehensive, i'd have to write out my story of events (regardless of who was at fault) and fill in the appropiate paper work, and the insurance company (RACQ) would chase up the other party and work out who was at fault. and my car would be fixed regardless of who was at fault.
the only thing that would have changed is if i wasnt at fault 'd only have to pay the fee to lodge the claim (basic excess??) where as if i was at fault i'd have to pay the full excess.

so in answer to your question

A:YES ur car will be fixed if u are not at fault if u have comprehensive insurance as who is at fault will be determined by the insurance company.

[xenonkuraz]

I just got the three quotes today and they are all in excess of $900 :P I hope she pays up :wave::wave::wave: She will get back to me within 2 weeks otherwise further action will be taken :thumbsup:

[Simmo2302]

excellent news :-) had to have similar wording on mine aswell. if u can put some photos up 4 us to c how bad it is

[dreamshifter]

Sometimes the 'threat' of taking it to court is more effective than the actual court proceeding. I had a hit and run on my old parked car. They left fake details but I was able to track them down using the cops - other than quick help, they can't be bothered with you unless someone is dead. It was a very important lesson going to the cops; rather than saying we don't want to help you, they say they will get back to you but never call back. And when you call they are busy...or on leave...wasted so much time.

The bastards denied everything so I went to one of those free community legal services and they wrote me a letter of demand, threatening to take the matter to court and exaggerated what evidence I had (just slightly).

Soon enough I received a letter from RACQ for an inspection :)

[aimre]

@Aimre

getting COMP insurance on a 6k car may not seem worth it, but i'd get it for 3 reasons.
1. having it saves u a lot of headache chasing up the other persons insurance company trying to prove u were in the right.
2. not many ppl have 6k lying around to fix or replace their car (yes i kno IF u were in the right, they pay 4 ur car to b fixed or replaced, but... IF u were in the wrong, ur loss...)
3. If u r in the wrong and smash a mercedez or other expensive car, i dont think many ppl have 20k+ lying around either.


either way i guess its personal preference really :-S




Everyone here has a camera phone? If not, i would recomend keeping a disposable in the glove box, incase someone does hit you and they are at fault. Its often very easy to find the person at fault from photos, provided u take em BEFORE you move the cars. ie, intersections, roundabouts, driveways etc etc.

point 2, just save the money you would have otherwise spent on insurance, and in like 3 yrs, you be UP money. Id rather keep the money than give it to someone else.

I don't get point three though... why wouldn't your 3rd party cover it.

[Simmo2302]

whoops i meant that i'd get comp insurance cos if i didnt and smashed a mercedez or sumthing, i'd be up shitz creek. and 3rd party property only cobers up to 7,500 i htink ( can anyone cornfirm or prove me wrong on that??)

[dc2dc2dc2]

3rd party covers anything dude. If you hit a mercedes you just pay ur excess and ur insurance will fix up the other parties car.

[Whispaa]

3rd party covers anything dude.

I recall seeing a limit of some high amount, into the millions I think.

[xenonkuraz]

I believe with JUSTCAR insurance the 3rd party maximum liability cover is $20,000,000.

LoL.

[e240]

I believe with JUSTCAR insurance the 3rd party maximum liability cover is $20,000,000.

LoL.

Say even if you cause 1m in property damage ...Respect Man! You Da Man! LOL...

for 20m..Hmmm...Your car needs to fly into the Lucas Nuclear reactor somehow...

[Sir_vtec]

hahah true. or fly into a petrol truck and blow up everything on the street.

[Yasakani]

hahah true. or fly into a petrol truck and blow up everything on the street.

At least nobody can chase you up if you did that :D

[xenonkuraz]

Update guys!

[m0nty ITR]

I believe with JUSTCAR insurance the 3rd party maximum liability cover is $20,000,000.

LoL.

Sounds like a challenge. Who's up for a Burnout Revenge competition?

[Zdster]

I cant believe that people drive without insurance.

If you cant afford insurance, you shouldnt drive - period.

[xenonkuraz]

It's not necessarily the fact that one can't afford the insurance...but I'll just leave it at that.

[Zdster]

It's not necessarily the fact that one can't afford the insurance...but I'll just leave it at that.

Thats even worse - you can afford it, but you choose not to!