un insured low lifes

[XT_5L]

Well last night at the local look out my car got hit while being parked. Basically while we were out of our car a vp commodore drove up the ramp at some stupid speed understeered while trying to turn and went straight into the front of my car levain me with a rooted car.
Now the bad thing was i only regestered it a couple of days ago because it had been sitting for 6 months without a motor and i hadnt insured it yet. He also didnt have insurance.
after the guy finished abusing me and my mates for hittig him he went and sat down then came up and asked what happend (obviously not on this planet) then i told him he hit me and blah blah blah he got arrested and so on. This guy was out of it.
Now what i want to know is if anyone has ever been thorught the court stuff to get repair paid for by the other person and if is actually worth the effort, it was a really clean EB 2 but prob only worth 2G TOPS. is it worth the effort for this mush of should i just wreck it and get what i can and be done with it.

[FPV 5TH]

It would probably cost more than 2G to get it to court. Wreck it and save yourself the hassles.

[Unco]

having a bit of trouble understanding your post, but by the sound of things, you were BOTH uninsured, so does the thread title refer to both of you? you have no excuse to be driving uninsured and then have a go at someone for being in the same condition.

you can get insurance over the phone even before you sit behind the wheel of your car.

you'll be lucky to get any money out of the other guy and if he claims bankrupcy you can forget about any hope of getting anything out of him. learn your lesson and don't drive uninsured in the future.

[XT_5L]

Sorry what i meant was this guy was a drugged up low life with no insurance, trust me ive learnt to do insurance straight away now.

[jaydee]

Go to your local Court house and ask what the process is and what it will cost, you can take him to Court for the repairs and the Court can order payment.
Then it's just whether he coughs up or not.
Good luck.

[pauljh74]

Originally Posted by Unco

having a bit of trouble understanding your post, but by the sound of things, you were BOTH uninsured, so does the thread title refer to both of you? you have no excuse to be driving uninsured and then have a go at someone for being in the same condition.

you can get insurance over the phone even before you sit behind the wheel of your car.

you'll be lucky to get any money out of the other guy and if he claims bankruptcy you can forget about any hope of getting anything out of him. learn your lesson and don't drive uninsured in the future.

At least ed8 wasn't the one driving drug affected into a parked car in a car park. But yes, I agree that it is wise to at least have 3rd party property insurance before heading out on the road.

[BZINGA]

I had a similar situation happen to me. I had this car for less than 2 weeks, not insured yet and was hit from behind by a p-plater who wasn't insured either. I was the front car with 3 behind me involved. Police were involved, statements given and addresses exchanged. I went to legal aid for advice and they were happy to help but said if it could be settled out of court, it would be to my benefit. I got 3 quotes which were between $1200 - $1400, i rang the guy who hit me and sent him copies, it took awhile but i ended up with $1000 cash which we agreed on and never went to court. I was lucky that my car was still driveable while this was going on.
By going to court and if you win, he most likely will only pay $5 - $10 a week until the debt is clear. Try settle out of court and hopefully the police can assist you being that the guy was arrested, which will be in your favour. Good luck with it.

[V3RSAC3]

probably make more selling the parts off ... especially if the motors fine? ... try that! might make more than $2G'z

[Oo_xrsx_oO]

No point going to court mate, thats what insurance companies are for. Put this one down as a lesson to never driver without insurance again. Be thankful it worked out the way it has, you could have collected another insured car, pole or barrier as a result of the accident and been in real trouble then.

[AussieJason]

It's not worth it, just count your losses unfortunately.

I had a similar situation, I was insured but it still cost me $200 excess as the driver took off before I could get his number plate.

[Unco]

Originally Posted by TRIK67

I had a similar situation happen to me. I had this car for less than 2 weeks, not insured yet and was hit from behind by a p-plater who wasn't insured either. I was the front car with 3 behind me involved. Police were involved, statements given and addresses exchanged. I went to legal aid for advice and they were happy to help but said if it could be settled out of court, it would be to my benefit. I got 3 quotes which were between $1200 - $1400, i rang the guy who hit me and sent him copies, it took awhile but i ended up with $1000 cash which we agreed on and never went to court. I was lucky that my car was still driveable while this was going on.
By going to court and if you win, he most likely will only pay $5 - $10 a week until the debt is clear. Try settle out of court and hopefully the police can assist you being that the guy was arrested, which will be in your favour. Good luck with it.

you were very lucky to deal with someone decent. considering ed8's description of the events, i'd suggest he'll have a harder time trying to get anything out of a drug user.

i too have learned my lesson the hard way. when i was about 20 i was ran into by an uninsured driver. he claimed bankrupcy and i was left with an $8,000 car that i'd taken a loan out for and with a $4,000 repair bill.

these days, i wouldn't risk being on the road uninsured not even for 1 minute.

[Oo_xrsx_oO]

Even if you run into an uninsured driver/ they run into you, you still have your insurance mob to sort it out - they pay to get you car fixed and then its up to them to chase the other person for money. Only reason you may be out of pocket is the excess if applicable, you shouldn't be paying or damages out of your own pocket if you are insured and have made a claim. This is the whole point of insurance, you get your car fixed and they do all the running around for you, this is what you are paying for.

[ltd]

Did they do a drug test on this guy when they got him down to the station?
Even if he was insured they wouldn't repair your car because the driver was under the influence.
You need to get a statement of claim against him for the damage caused, then once the mandatory time elapses and he pays nothing then you need to get a judgement against him; after which you can then have either his wages garnisheed, payment plan arranged or in some cases have the sherrif go around and seize his assets. If he has no assets and has still failed to pay you then you can petition him for bankruptcy. This normally frightens a lot of degenerates into doing something about their debt however druggies seldom care. Also, beware that going to this extreme can be quite a lengthy and costly, so as another contributor has already said, try to settle out of court.
Finally, always get insurance.

[ltd]

Originally Posted by Oo_xrsx_oO

Even if you run into an uninsured driver/ they run into you, you still have your insurance mob to sort it out - they pay to get you car fixed and then its up to them to chase the other person for money. Only reason you may be out of pocket is the excess if applicable, you shouldn't be paying or damages out of your own pocket if you are insured and have made a claim. This is the whole point of insurance, you get your car fixed and they do all the running around for you, this is what you are paying for.

He was uninsured as well.

[Oo_xrsx_oO]

Yeah I understand both parties had no insurance, therefore he should be lucky that he won't be too much out of pocket in this case and use this as a lesson to have insurance from now on.

My last post was how it would work if you did have insurance. If he was insured all you have to do is get your insurance company sort it out, they will fix the car and they chase the uninsured party for the money whether it be through the courts and what not. This is why you pay insurance, for them to do all this running around and save all the hassle and stress

[Unco]

that's right, $2K is a relatively small amount of money and hopefully no money is owed on the car. cheap lesson compared to mine.

i believe some third party property covers will even cover damage the your car if you're not the driver at fault. i've only ever used comprehensive cover since my incident though. car insurance is a lot cheaper here in QLD than NSW or VIC.

[Oo_xrsx_oO]

yeah it all depends on the insurance company, you pay good money to them and need to persist with them from time to time.

I know people who have been on both sides of the fence. One was in an prang and had no insurance, the other person's insurance company kept chasing them and threatening with bankruptcy, ended up paying and its an expensive lesson.

Had another mate who was hit by and unissured driver, all he did was get there details, no need to argue with the person, passed them onto his insurance and they fixed his car. Didn't find out what happened with the unisured party as he had his car repaired, and thats between the insurance company and the other person anyhow.

[XT_5L]

Well ive looked into it alot now, apparently this isnt the first time this guys done something like this and every other time the 2nd party has backed down because its too hard and he's got away with it so im gonna chase it. He's not getting away with writing off my car that ive spent so much time and money on with out a fight. Apparently even with his irratic behaviour the police couldnt do a blood test for drugs which may work in my favour because if he was under the influence its would be alot bigger case.
Im sending the first letter of demand ,demanding $2750 which is the pre crash market value minus the wrecking value, plus towing fee of $334 from the crash site (sat night, accident crashes arent cheap to tow from).
He now has 21 days to reply to this and if he fails to reply a second letter is sent and if he fails to reply again or a agreeable settelment isnt reached. Ill be takin him to civil court which for a hearing of my type will only be $82 this is expected to take up to 3 months. I've also found that since my car was parked he is 100% at fault, so basically i cant loose the case if it goes to court.
As for the payment is he doenst have sufficent funds the crown (government) may pay out the amount owing and then he pays the crown back.
Well here goes hey.

[BZINGA]

Good luck and lets hope he doesn't get away with it this time.

[sexr6tasy]

Yeh man go kick some ****

[LTDHO]

Lesson learned the hard way. I will never understand how anyone could go uninsured. If you cann afford the petrol you can afford insurance.

After a smash an uninsured motorise will end up in a lot of debt.

[ltd]

It's tough, I once had a person from yagoona (won't say his ethnicity, but it rhymes with scarab), run up the back of a 6 month old black S500 I was driving just near Darling Harbour; evidently the idiot came flying around the corner in a riced up nissan silvia as he was trying to undertake a garbage truck. I was sitting at a red light and he apparently only saw me at the last second. $85K damage, and being a business customer it only needs to reach 45-50% of the value to be written off. He had no insurance. Made the 6am news (as it happened at 11:30 the night before). He and his mates were cut out of their car, I was fortunate enough to be able to open the door and walk away (allthough my neck ws a bit sore for a couple of days).
Turns out, he was unlicenced, uninsured, and unbelievably stupid. He told the police it was my fault even though countless witnesses said I was sitting at the red light.
Long story short, my insurer pursued him through the courts for the $220K that they paid me for the car and I pursued him for the sore neck and pain and suffering for my girlfriend at the time who was also a little bit sore as well. I got 20K and Katherine got $25K. She took her money, went to England and I haven't seen her since. 2 years and running. She sent me an email from the Greek Islands one week after she left; her parents still invite me around for dinner.

Unbelievably, 8 months later I got a call from the salvos asking me to assist this guy Jamal declare himself bankrupt. I explained to them that I would only assist Jamal if he was wishing to kill himself, and that I found their phone call an affront to common decency. In the end, the insurance company got some 150-170K out of this guy, as he had quite a number of assets although most of them were thought to be gotten by illegitimate means; he was later arrested and charged with drugs charges, supply and distribute etc. And to think all of this could have been avoided should he have paid the $1K per year for insurance.

[S3SR]

sell that guys organs

but as most have said prob not worth taking it to court, the price you pay may very well pay for the repairs

[Oo_xrsx_oO]

Don't know why your are going so far with this, you are both uninsured so I doubt you will see any money from this guy as there will simply be a lot of finger pointing, I know I wouldn't do anything if someone sent me a personal letter demanding money, especially when they don't even have insurance.

Best of luck you may come out on top, but like has already said you may end up even more out a pocket and still with a wrecked car. I would just cop it on the chin and never drive without insurance again, you have got out of this reletively cheaply so far, it could have been far worse.

[Unco]

i just find it amazing that someone has told you that the government will pay for the damages and then chase after him as if it was one big insurance company.

i don't know a hell of a lot about the legal side of things, but i just find that hard to believe.

good luck anyway.

[ltd]

Originally Posted by Unco

i just find it amazing that someone has told you that the government will pay for the damages and then chase after him as if it was one big insurance company.

i don't know a hell of a lot about the legal side of things, but i just find that hard to believe.

good luck anyway.

Yeah I agree. I've never heard of that before, and as far as everyone should be concerned the government doesn't underwrite things.

[SB076]

Originally Posted by TRIK67

I had a similar situation happen to me. I had this car for less than 2 weeks, not insured yet and was hit from behind by a p-plater who wasn't insured either. I was the front car with 3 behind me involved. Police were involved, statements given and addresses exchanged. I went to legal aid for advice and they were happy to help but said if it could be settled out of court, it would be to my benefit. I got 3 quotes which were between $1200 - $1400, i rang the guy who hit me and sent him copies, it took awhile but i ended up with $1000 cash which we agreed on and never went to court. I was lucky that my car was still driveable while this was going on.
By going to court and if you win, he most likely will only pay $5 - $10 a week until the debt is clear. Try settle out of court and hopefully the police can assist you being that the guy was arrested, which will be in your favour. Good luck with it.

I agree with this, being declared bankrupt has repurcusions and if he has even a quarter of a brain he will try to avoid it and hopefully you can settle out of court and get some $$$ back and hopefully he will learn a lesson

[Bobman]

G'day mate,

I've read your story and it is fairly similar to what happened with my mum a few years ago when a drug affected woman crashed into her.

The woman involved was not given a breath test or drug test by police on scene and the police did not seem interested to help the victim in the incident, who was my mother.

Following the collision, the woman said she had insurance and everything seemed okay, turns out the car was in her father's name and was registered in Tasmania, the woman had fled and when visiting her home of residence, her mother refused to open the door or answer any phone calls. Letters of demand were sent but as they couldn't find the woman involved, due to fleeing interstate, there was not much anyone could do, which is pathetic. The police had no interest in helping my mother, some weeks after, in course of identifying the woman's whereabouts, etc. Of course this is exactly why people have a non-helpful attitude to the police.

[Bud Bud]

Originally Posted by ltd

It's tough, I once had a person from yagoona (won't say his ethnicity, but it rhymes with scarab), run up the back of a 6 month old black S500 I was driving just near Darling Harbour; evidently the idiot came flying around the corner in a riced up nissan silvia as he was trying to undertake a garbage truck. I was sitting at a red light and he apparently only saw me at the last second. $85K damage, and being a business customer it only needs to reach 45-50% of the value to be written off. He had no insurance. Made the 6am news (as it happened at 11:30 the night before). He and his mates were cut out of their car, I was fortunate enough to be able to open the door and walk away (allthough my neck ws a bit sore for a couple of days).
Turns out, he was unlicenced, uninsured, and unbelievably stupid. He told the police it was my fault even though countless witnesses said I was sitting at the red light.
Long story short, my insurer pursued him through the courts for the $220K that they paid me for the car and I pursued him for the sore neck and pain and suffering for my girlfriend at the time who was also a little bit sore as well. I got 20K and Katherine got $25K. She took her money, went to England and I haven't seen her since. 2 years and running. She sent me an email from the Greek Islands one week after she left; her parents still invite me around for dinner.

Unbelievably, 8 months later I got a call from the salvos asking me to assist this guy Jamal declare himself bankrupt. I explained to them that I would only assist Jamal if he was wishing to kill himself, and that I found their phone call an affront to common decency. In the end, the insurance company got some 150-170K out of this guy, as he had quite a number of assets although most of them were thought to be gotten by illegitimate means; he was later arrested and charged with drugs charges, supply and distribute etc. And to think all of this could have been avoided should he have paid the $1K per year for insurance.

Wow that is incredible!!!!!! sure makes you not question the value of good insurance.

Its funny how things work out. I have been driving since the late 70's and have always had full comp insurance. In that time I have never been involved in an accident so never had a reason to claim for myself or had a claim made against me. (leans over and touches desk made of wood) I have wondered if it is worth it sometimes (when I was younger mainly) but after reading your story LTD it just firms up what I have always been scared off.

Shame about your GF

[ltd]

Originally Posted by Bud Bud

Wow that is incredible!!!!!! sure makes you not question the value of good insurance.

Its funny how things work out. I have been driving since the late 70's and have always had full comp insurance. In that time I have never been involved in an accident so never had a reason to claim for myself or had a claim made against me. (leans over and touches desk made of wood) I have wondered if it is worth it sometimes (when I was younger mainly) but after reading your story LTD it just firms up what I have always been scared off.

Shame about your GF

It is shocking and to elaborate a little more on it I had this guy and a couple of "little girls from the hood" ringing my fathers business (where I worked at the time) making death threats due to the insurance company pursuing him. Another court motion for an AVO, his phone records sequestered and the threat of being thrown in jail by a magistrate later, he finally gave up trying to intimidate me. This guy was so stupid that he actually thought that I would tell the insurance company to forget the 220K that they paid, as he was being a bully. In the end he did go to jail for his drug lord wannabe aspirations, and he will probably laugh about it to his friends, but that's not before they ask him how many times he dropped the soap.

As for the girlfriend, I've since had a couple of looks at the photos of us together, and I can do way better. I guess love does make you blind.