Insurance claim problem, now getting personal

JPFS1 · 16-02-2005, 01:21 PM

Hi All

I thought i'd let you all know about an issue i've been going through since September 04. I was involved in a minor accident (so i didn't get the police involved) on the way to work where i was travelling along Toorak Rd in the left lane, doing about 40-45 k's, the traffic in the right lane on my side of the road was congested and not moving, then a car came out infront of me from a gap in the cars in the right lane and we collided.

Now, we obviously didn't see eachother until the last minute... there was no clearway etc...

Instally, i knew that based on what i know of traffic laws, this was not my fault and i confirmed this with my Insurance on the same night.

Now the problems....

I have only 3rd party insurance...
She doesn't have insurance at all...
AAMI will not repair my car unless i got in writing from her that she wasnt insured.
Now, based on all the advise AAMI and their legal people gave advised that i do, it has taken me this long (with holidays and being too busy at work) and i still haven't sorted this out. The delays in all the processes is ridiculous.

2 Letters of demand, quotes etc...

Now my only thing left to do is go to court, for roughly $3,000 worth of damage.

I rang the son of the lady yesterday who was involved in the accident (she doesn't speak English very well and he was helping her out), to advise that my last resort to resolve this is to go to court and to please contact me to negotiate settlement outside of court. Basically giving her 1 last chance to face her responsibilities as she's liable... but no, he got all agro and started threatening me, saying he knows where i live etc (which he does)..

What grates me about this is if she was only friggen insured i wouldn't have this bloody issue. Our insurance would fight it out, but no i have a choice to let her get away with it or take it further... but is it really worth it? based on the cost involved and even if i did win, the terms in which she could pay could be something ridiculous as small monthly payments etc.

Any advise and opinions would be greatly appreciated.

Black XR6 · 16-02-2005, 01:28 PM

Go to the police and let them know what has happened and the fact you have been threatened with violence by this person. Even take out a restraining order against him if you like. Atleast this way IF he does anything to you you have it noted he did threaten you. And if you get restraining order he will know about it and his options will be clear. Help out, shut up, or beat the shit outa ya. but he goes to jail for the last one.

I would also ring your insurer and let them know they are not co-operatiing and being threatening. See what they say to do.

Ring lawyer. Have him draw up a letter of demand in his letter head. This will atleast show them you are serious. Then, after letter has been sent off. Keep a close eye on your car as this other tool may damage it malicously just to be a tool.

Your only other option is to leave it alone and wear the cost yourself.

**Chris** · 16-02-2005, 01:28 PM

do you know where he lives?

I'll be happy to "negotiate" in person with the son if it need go that far :countdown

seriously though, threats should be immediatly reported to police, dont take that crap. Also, like you say, sometimes its not worth the hassle.

Good luck man

EA2BA · 16-02-2005, 01:31 PM

Sue her for the money, dont take it lying down, and she cant part pay you, unless she can prove hardship etc, people like her are the reason the world is just wrong.

JPFS1 · 16-02-2005, 01:33 PM

Thanks for the feedback, yeah i've been considering contacting police.

As for contacting legal guys and getting formal letters of demand, that's been done and sent, she has ignored them too.

AAMI offered me 1 free formal letter of demand by their legal people, legeti Partners..

Because they have ignored this, all costs are now on me if i decide to take it further.

I just feel i stuffed up by not getting police involved right away to get a report of the incident, and it's dragged out so long that i'm worried this may go against me.

Thanks.

MotherNatureVer2 · 16-02-2005, 01:34 PM

Matey ..... Gather all of your quotes & paperwork & have written down all contact & what has been said (threats & all) and take this to the Small Claims Tribunal. This is easier than going to a normal court & Im sure they handle anything upto $5000.

You can find out from your local court where your local one is held....... Basically there is you & her & a judge (adjudicator) ....... The Judge will decide & it is a lot cheaper than having to get lawyers to defend you.

Just make sure you have all of your paperwork prepared before you go in so you dont end up looking like a dill ......... If the son persists in threats go to the cops & get an AVO ..........

460cixy · 16-02-2005, 01:37 PM

rip em a new ******** mate dont let em get away with that crap

!Gn|T|0n · 16-02-2005, 01:54 PM

I would tend to agree with informing the police - if for nothing else - to have it on record. Taking it further with them will serve to not only protect you (can you tell they were empty threats) but also to warn them that you mean business. I was going to suggest the small claims tribunal myself. I've been there before - not pretty, but neither is wearing the bill.
Good luck.

HSE2 · 16-02-2005, 02:14 PM

Chris

AAMI attitude seems strange to me. I had a similar thing happen to me. I guy drove into to the side of the XR8. I was right in front of him and it just went. After the shock and finding a place to park I went back.

He had just paid for the car - so he claimed
There was no insurance- not even a cover note

So not only did he not have insurance for all I knew he may not have even been the owner. Now no matter how small the accident the police should always be called, but after I calmed down I started to feel a bit sorry for the SOB. I must have scared him to start with because he agreed to meet me at AAMI office.

When I got to AAMI I filled in the report. When it came to who the other person was, I gave them the details and the fact he had no insurance. All they really wanted was his rego plate but I told them he was on his way to talk to them personally. Well they laughed said that was completely unnecessary but true to his word and to his credit the guy showed and stuck to his story.

I was told, get the car fixed and that was all I had to do. They would chase the offender for his money. It wasn’t up top me to get any statements as it turned out. Admittedly I have comprehensive, but I wouldn’t have thought it would make that much difference.

JPFS1 · 16-02-2005, 02:29 PM

Hi Ian,

Yeah it seems it makes all the difference. AAMI's 3rd party policy can't make a claim against me when it's not my fault, and the offender doesn't have insurance, unless they admit that they dont have insurance.

At least the bloke you dealt with was reasonable. If only this was the case here.

HSE2 · 16-02-2005, 02:41 PM

Ok I wasn't much help then. Yeah I guess I was lucky. The repairs cost 3 times what he paid for his car so he had a very bad day.

XRQTOR · 16-02-2005, 02:58 PM

Ask if she is an illegal imigrant or if she has a licence. If she damaged your car it's up to her to pay to have it fixed, if the son persists on threats go round there with some mates and talk to him.

Laminge · 16-02-2005, 02:58 PM

Jem

I am a PM away if you need company on a visit!

JR. · 16-02-2005, 03:03 PM

I know this doesn't really help your current problem, but I was under the impression that you had to report an accident to the police within 24 hours of it happening if the car needed to be towed or sustained more than $1000 worth of damage.

Perhaps more helpfully - ring them again and record the call (with you being reasonable and them being threatening) - then take that to the police and watch the shit fly then.

EA2BA · 16-02-2005, 03:08 PM

Police have better things to do then attend every accident, and you can go and do a stat dec at a police station to get your official verios recognised but thats about it.

If no car needs towing, and/or there is nt more then $1000 worth of damage to vehicles/property other then those involved, the police could not be stuffed to turn up, even if the conditions are that they 'should' turn up, they dont want to, you have to basically beg them.

**Chris** · 16-02-2005, 03:43 PM

Quote:

Originally Posted by Laminge

Jem

I am a PM away if you need company on a visit!

Lets rock boys, minge you make a list, I'll make the finger food

i'll bring a friend

out:

JPFS1 · 16-02-2005, 03:44 PM

Quote:

Originally Posted by Laminge

Jem

I am a PM away if you need company on a visit!

Thanks for the offer Laminge.

That will be last resort and only if i'm pushed to the limit.

With yourself and a couple of my old Muay Thai kickboxing friends, he won't want us to visit...

Black XR6 · 16-02-2005, 04:09 PM

Dellboy999 and JR.

I dont think those rules apply anymore. As long as the cars can be driven away and there are no inuries. the police dont want to know anymore. My wife was involved in an accident and the cops didnt care unless someone was injured.

FRDGAL · 16-02-2005, 04:17 PM

I would seriously consider taking out an intervention order against the son. I know it's a hassle but if you do pursue this further (ie: court) the fact that you had to take out an order will help your case. I'm pretty sure the Small Claims Tribunal deals with claims for up to $5000 so I'd be doing that and if court costs apply, include those costs in your claim amount.

Or you could simply ring Legal Aid for advice:

Telephone Legal Information (Hours 8.45-5.15 Mon-Fri)
Phone (03) 9269 0120
FREECALL 1800 677 402

It's because of situations like this that I strongly believe Insurance should be compulsary on ALL cars!

JPFS1 · 16-02-2005, 04:24 PM

Thanks mate.

Quote:

Originally Posted by AU_Fairmont -S-

It's because of situations like this that I strongly believe Insurance should be compulsary on ALL cars!

Damn right!

The thing that has really p!sses me off is that i was totally compassionate for the old hag, she was obviously shaken up at the time, and at no time did i ever accuse her of it being her fault (although i did know it, it was a simplt law that was broken, failing to give way), i just wanted to make sure she was ok and said that my insurance would sort it out(little did i know then that AAMI wouldn't help me)...

even further convo and letter's to her, i was totally reasonable and asked her to get her solicitors to contact me so we could resolve the issue. It was only after sending her the quotes that she got narky and is ignoring the situation.

So i feel i did everything to give her a chance to plead her case, but now i'm fed up at the obvious tactics which is to totally ignore me.

LTDHO · 16-02-2005, 04:41 PM

Ha ha ha, gotta love AAMI. Insure with them then you have to do everything yourself? Hardly worth it in the first place. Sorry Jem.

An accident doesn't have to be reported to the police unless someone is hurt. You only have to in NSW.

Jem, I hate to be in your position. Unfortunally you have to build a case, get a solicitor involved and summons the other party to court.

Do they know your address? No point going to their place with muscle when they can do the same to your family!

Anyway you will up for legal costs but can attept to recover these from the other peopl also. But if she doesn't work, you will get nothing or $10 per week for the next 5 years.

You may want to review your insurance company.

FRDXR6 · 16-02-2005, 04:49 PM

Mate i think you have done all you can in this situation and now its time to play hard ball. You have been more than reasonable and lenient and all they do is throw it back in your face. Take them to the cleaners if not for the money than on moral grounds to clean them up and teach them to act like responsible human beings who should take responsibility for their own actions. From what i can gather the old lady was lucky she ran into you as she's got away with a lot already, give them no more slack and take them to court.

Im sure once they get a letter or summons? to appear in court they might suddenly change their mind and be willing to cooperate, good luck with it!

FRDGAL · 16-02-2005, 04:53 PM

Quote:

Originally Posted by FRDXR6

Mate i think you have done all you can in this situation and now its time to play hard ball. You have been more than reasonable and lenient and all they do is throw it back in your face. Take them to the cleaners if not for the money than on moral grounds to clean them up and teach them to act like responsible human beings who should take responsibility for their own actions. From what i can gather the old lady was lucky she ran into you as she's got away with a lot already, give them no more slack and take them to court.

Im sure once they get a letter or summons? to appear in court they might suddenly change their mind and be willing to cooperate, good luck with it!

They're expecting JEM to give up. That's what most people do. They just give up. And these uninsured pr**ks who cause accidents think that you'll get tired of trying. And unfortunately most people do.

dogbreath_48 · 16-02-2005, 05:40 PM

Unfortunately theres a good chance that she'll file for bankrupcy (sp?) and then i think it's down to piddly little payments for the next decade. She obviously under-estimated the damage bill and doesn't understand how much trouble she's in. I imagine if she can't afford third party, she can't afford to pay a soliciter, and all legal aid will do is sign off her bankrupcy...

third party should be compulsary for registration. Then you've just gotto hope the no hoper's rego'd...

-Stu

JPFS1 · 16-02-2005, 05:47 PM

There's no way i'm going to let her get off now, it's all down to principle now, it's not for the money i'm doing this...

I am not going to feel sorry for her either, esecially when she mentioned she's got a second house in Black Rock.

Thanks for all the feedback guys.

Black XR6 · 16-02-2005, 06:57 PM

Exactly JEM. Dont back off now. If she files for bankruptcy good for her. There are rules governing this practice anyway. If she owns her home for instance, or any assets really, they will be seized I would think. It really depends on what she has.

XD 351 Ute · 16-02-2005, 07:34 PM

Good luck mate.
I'm going down a similar road for repairs worth $850 - $950.
I'm not holding my breath waiting for money, so I gotta cop it
on the chin. Not worth the increase in my insurance to claim.
Digger has an out of state licence and doesn't live at a fixed address.
Heh, I suppose life will deal him one back sooner or later........

Ed

XR6Gal · 16-02-2005, 09:35 PM

I had a head on collision (he came onto the wrong side of the road) with a guy who was not insured, (I only had 3rd party) I had to take him to court in order to get my car fixed. Unfortunately this was the only way I could do it, he ignored all letters of demand. He never showed up to court & based on the information that I had supplied, the judge ruled 100% in my favor. If you've got witnesses & photos etc it helps alot! After that I was able to send the court rulings to my insurance company & I finally got my car fixed. Its a horrible thing to go through! In the end the car ended up costing $1500 to fix & I think I spent about half of that on fees from the solicitors etc. I could have gone him for the solicitors fees but I didn't want the stress etc from it all. So I wrote it off as a lesson in life.

jabba · 17-02-2005, 06:39 PM

Quote:

Originally Posted by Black XR6

Go to the police and let them know what has happened and the fact you have been threatened with violence by this person. Even take out a restraining order against him if you like. Atleast this way IF he does anything to you you have it noted he did threaten you. And if you get restraining order he will know about it and his options will be clear. Help out, shut up, or beat the shit outa ya. but he goes to jail for the last one.

I would also ring your insurer and let them know they are not co-operatiing and being threatening. See what they say to do.

Ring lawyer. Have him draw up a letter of demand in his letter head. This will atleast show them you are serious. Then, after letter has been sent off. Keep a close eye on your car as this other tool may damage it malicously just to be a tool.

Your only other option is to leave it alone and wear the cost yourself.

This is very good advice, and you should follow it to the letter. You have to pull no punches and hit hard. you should straight away go to the police and report both the accident and threat that was mad against you, and take out a AVO (restraining order) against the son. ALWAYS have your calls and conversations recorded. If he threatens you again DO NOT argue back, tell him in a calm voice that his threats are making a bad situation for himself worst and they wont help the matter at hand. ALWAYS remain calm and use it to you advantage, It will paint a goo picture for yourself and a bad picture for the other party. Because when it goes to court You will look as if you were trying you hardest to do the right thing by them and trying to avoid the unnecessary actions of going to court. If you lose your temper it make yourself look bad and you do not want that. SMALL CLAIMS COURT IS CHEEP. or even better find a dept collector and for a commission fee they will do you leg work. But remember Keep you manner and documentation professional. I have been down this road a few times

Also if you take the option of useing a dept collection agency and the court rules in you favor( wich they more then likely will) and a senerio such as the story that the last fella told. they will put a bad mark against the credit rating. wich means she wont be able to get a loan for any thing untill the dept is cleared. Thats the way to screw them back for screwing you

FNQracing · 17-02-2005, 08:06 PM

3rd party property damage should be compulsary as a minimum. As far as I'm concerned, if you can't afford insurance, you can't afford to drive.

One day you'll run up the back of a Hells Angels Chevy truck. He is going to want his money. Can't afford it? I say you got a problem on your hands.