Car Accident...No Insurance!

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Originally Posted by 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.

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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.

^^ 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.

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Originally Posted by Ph@t-G

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.

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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.

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.

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Originally Posted by 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

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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...

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Originally Posted by Petronas

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...

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I really hope that's a typo.

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

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Originally Posted by Petronas

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...

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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

thats gotta be a typo.

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

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Originally Posted by nugget1

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

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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)

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Originally Posted by Petronas

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...

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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)

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.