Legal Advice

[Sparrow]

The Story:

My car was reversed into causing damage to a door. The car was parked on private property at the time. An agreement was made not to involve the insurance company(because of excess and claim bonuses ect.), and the guilty party were going to pay for the repair of the door.

The guilty party are now refusing to pay for the damage.

What are my options. Do I ring their insurance company and my insurance company and explain the situation?
Does the fact that the incident occurred on their property affect the insurance ??
I shouldn't be paying for the damage. I'm not at fault.
Should they legally pay for it ??

[catesy]

go get yourself a ute with a bull bar and smash the F*#k out of his car the your even!

[Gemmy]

The fact it happened on private property is irrelevant.

Has the damage been repaired already ? That will determine which course of action you take.

[darkangylgem77]

Heh heh

In May a guy reversed into the front of my car with a ute and tried to get away with it but I was persistant with it and caught up with him the next night and demanded payment but I was lucky with it because it was parked and there was no witnesses and i think the only reason he paid was because I threatened and would of followed through with slashing his tyres if he didnt.

I can be mean like that.

Was there any witnesses to him saying he would pay the damage because if so you can go to the cops and see if they can scare him into paying it or you could take matters into your own hands but not an ideal suggestion. You might even be able to take it to small claims court because apparently verbal agreements are considered as well but it cost a fee to do this.

Not sure about the whole insurance thing but I would suggest calling them anyway about it and ask them.

Sorry I cant be of more help.

-Gena

[Sparrow]

nup. my car hasn't been fixed. i don't know if they fixed the damage on their car either.

I'm thinking i should get photo evidence of both cars in case they try to deny that they hit my car. that way if insurance needs to see proof, i can show them the pictures.

[tunnel vision]

If u have his details claim on your insurance. Let the ins. company sort it out that's why u pay them.( do the normal quote/form filling ) Doesn't matter if your roller door fell on your car u still can claim if u have comp ins. Your ins company will recoup the cost from the other party. Maybe call them and explain what happened and don't give your name and get their advice? I gave my ins company the details of the person that hit me and I didn't have to pay the excess,(ages ago). I had a guy rear end me and total my car and he didn't even have a license let alone rego or insurance. Coppa's took him away. And again my ins company took care of it all. I suggest make a call and explain anonanmasly.. hope this is a help..

[Gene FJ20DET]

verbal agreement is binding and is just as stong as a writen one

and the fact it was on private property means nothing. most shoping center car barks are private property and look how many claims are made there for stolen and hit cars.
_________________

[peteymate]

but how can u prove a verbal agreement. He says that they had an agreement, but the other guy will deny that he said anything.

this would be handy to know.

[Gene FJ20DET]

hard to prove, but if he admits or a witness over heard it then its just as good.
but yes its hard to prove. go take photos asap thats would be you prof
_________________

[MR_GEMI]

go bust some caps
_________________

[Reddez]

You have one prob with the pics, if theres no witnesses he may say you ran into him, find witnesses and make a statutory declaration to the police, they probaly won't act on it, but at least it is registered etc if you do decide to go to small claims court. However speak to your insurance company for better info... Good luck...

[DR_GEM]

ok before i say anything i better say this:
this is not intended to be substitued for formal legal advice, merely an expression of opinion. please consult a fully qualified legal practitioner before acting upon the subsequent information that may be transmitted.

ok, as a 3rd year law student, this is what id suggest.
*Get the damage quoted by 3 professionals
*Try and get the bastard(s) number and sms a message to them explaining the situation and demanding payment as per your verbal agreement dated (....). MAKE SURE TO SAVE THIS MSG IN YOUR OUTBOX. This may come in handy if it goes to litigation.

*Now, if you have explored all your other options with insurance companies and with the dick head, then i would suggest taking the matter further on a litigation level. The following will clarify some other points.

Firstly, you can make a claim in your local or magistrate's court. This is called a statement of claim or statement of liquidated claim based upon the damages\loss you have incurred. Costs about 30-50 bucks (depending on your state - as im in NSW) before court costs. If you do this and serve the statement onto the other person, and they do not reply or do not front up for court, you may get a default judgement in your favour, meaning you automatically win and they must pay costs and the extent of damage to your car (N.B - this is only for statement of liquidated claim being a claim for a specific unalterable sum certain).

On the face of it, if it comes down to your word against his, then the court may consider who took the initiative to prove their point beyond the balance of probabilities (civil matter). Ie if you take photos, lodge claim with insurance or make arrangements to follow up the incident, then you will be in a firmer position that the other party. The court will also consider the credibility of each party if it comes down to your word vs his, meaning who has a better record, appears wiser etc..

There are other issues but ive typed too much so if you want a little more help just ask on here - ps, dont take my word as gospel, see a solicitor or speak to your insurance company first, but generally, there are ways to get this prick.

Cheers

[tunnel vision]

The Doc is IN ...........

[Poida]

Hi there William.

Firstly you should have reported the incident to the police within 48 hours of it happening. They may take the details immediately or may give you a self reporting form. Depending on the value of damage in your case.

Then, no matter what the other party says, advise your insurer. This person has stalled you effectively making it more difficult for you to make a claim.

Still go ahead and speak to your insurer (if you have one) or lodge a claim with his insurer (if you know who it is). The longer it takes to resolve this, the more likely the insurer will try to avoid paying.

If you are still unsure how to go about claiming, look in the while pages under insurance and you should find a listing for a complaints and information bureau. They can offer good advice without any costs. Last resort take legal action but that is likely to cost you $$$. You may not have an avenue to claim legal costs so get advice on that before choosing to take action.

If all else fails take terrorist action... Hey did I say that!!
Ahh what the f...!

Try say... Taking a big piece of DRY wood (4x2 works well) and smash his electricity fuse box to pieces. Then the following day roll up leaving two mates (witnesses) in the car and hand him a letter of demand. If this doesn't get the desired results within the week, randomly repeat the exersize until some action results.

Now you stated the accident happened on private property... who's property was it?
_________________
I try to tackle one day at a time, but often several days attack me at once.



(The views I present are my own and NOT necessarily of the administrators or other members of this site.)