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.

[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