Sad to say my 57 was pritty badly hit on Saturday night, by a 20y.o. twit who failed to stop at a stop sign.
Now the accident was 100% his fault. damage to my car is substantial. I have all his details... the mobile he has given me is a dud. I have tracked down his parents & there home number... have spoken to the farther , the car he hit me with is his mums, the farther is not prepaird to pay the 2K excess, to cover his son ... the son is a dead beat , not job ... no money ... no nothing.
So what the hell do i do next... apart from phiscial violence.
I cant claim against the mother as she was not driving.. so how do i get my car fixed ?
Would love some useful advice, if anybody has it.
Aerodynamics are for people who cant build engines - Enzo Ferrari
You buy a Ferrari when you want to be somebody, you buy a Lamborghini when you are somebody - Frank Sinatra
do you have insurance?
This disclaimer does not reflect the thoughts or opinions of either myself, my company, my friends, or my dog: don't quote me on that; don't quote me on anything; this disclaimer is subject to change without notice; text is slightly enlarged to show detail; resemblance to actual persons, living or dead, is unintentional and coincidental; dry clean only; do not bend, fold, or mutilate; anchovies or jalapenos added to this disclaimer upon request; your mileage may vary; no substitutions are allowed; for a limited time only while supplies last; offer void where prohibited; this disclaimer is provided "as is" without any warranties expressed or implied
use your insurance, and report it. thats what its for, then your insurance company chases downt he guy and takes claim against him, his mother or who ever else it was. if he was given the keys by his mother, then her coverage covers you. if not then it is reported stolen and the dumfuk gets charged. win win by the sounds of it.
Simply Cruzin'...
What 2guns said. Report it to the cops, take photos, of your car, theirs (on public property) where it happened etc, report to your insurance, get a quote or two asap to fix it.
Then you have all the evidence you need to go through the legal channels. The longer you leave it the harder it gets.
The cops will probably charge him with fail to give way. When you do the police report give comprehensive, factual descriptions. Dont get emotional. Take photos in and give to the cops. They love that shit. Esp if it shows 2 big black lines and a pile of glass.
When he gets charged you win. This should not be the ultimate aim, the aim is to get the litigation and police issues to weigh up to more than the 2k needed to be coughed for the excess. If it goes on longer than 2 weeks send a letter of demand based on the quotes. Give 7 days to reply, find out all this from the local law society, business dispute line etc as the timelines are in state law. Then keep the pressure on. Send registered post to the parents (they own the vehicle) to the son and keep a copy and diary. They have to pick it up from the post office etc it gets real painful. This is what the credit companies do to the families of those that owe. Build the hassle until its easier to pay.
Dont threaten, go by the book and you will be ok. The courts, cops etc will get pissed if they make a harrassment/threats claim ....
kkk
This disclaimer does not reflect the thoughts or opinions of either myself, my company, my friends, or my dog: don't quote me on that; don't quote me on anything; this disclaimer is subject to change without notice; text is slightly enlarged to show detail; resemblance to actual persons, living or dead, is unintentional and coincidental; dry clean only; do not bend, fold, or mutilate; anchovies or jalapenos added to this disclaimer upon request; your mileage may vary; no substitutions are allowed; for a limited time only while supplies last; offer void where prohibited; this disclaimer is provided "as is" without any warranties expressed or implied
go straight to the police and report the accident,make sure they do an accident report then put it into the isurance company hands if you arent insured get quo tes on the damage and present them with a letter of demand if they ignore this take them to the small claims tribunal you can do it yourself it only costs about $50 to rwegister.
good luck murray
call the nice police,
you should have looked at there id , car make , colour, rego number etc and wrote it down your self .and called the police its there job thats what we pay our taxs for and makes a claim easier with a police report.:cry
Its not your fault that there kid turn out to be a dead beat,there kid, there car. one of the dead beats should step up and pay up ,
[ Edited on 6-3-2006 by ian.mezz ]
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car forums. where a lot of peoples good intentions end up taking a good old car off the road forever never ever to see the road again. 🥲
I was hit almost a year ago now. took out he side of the car i was driving. Got all the details of the other driver. called later to get insurance details. She said she was insured! alas no she wasn't ! was her dads car. he had insurance just not to cover her. Alas. I rang Shannons who i'm insured with. They said no worries gave them all her details and that was that. they did the rest. Got a call when car was fixed and that was it!! They said they would chase the uninsured party as they were liable.
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Call your insurance! thats what you pay the money for.
They will sort it all out.
If you don`t have insurance then you might have just learn a lesson.:o
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I own a towing company and see this sort of thing week in week out...
The way to fix this takes a fair bit of explaining..
Send me a u2u with your phone number and I will contact you...
Danny..
damn, dubs are in the wars at the moment. i think everything has been covered by the others, but if things get messy and cops or your insurance wont deal with it adequately then i can recommend your local community law centre.
Reimagined/Recycled/Upcycled Cool
I learnt the hard way that you should call police after every accident no matter how minor.
I know you dont NEED to, but (especially if its late model cars involved) any repair is going to be worth big $$$.
My problems came when I was the one at fault. I reversed into a hyundai, only cracked the kombi taillight (If I had the bumper on, wouldnt have done anything) but put a bit of a dent in the door of the puss box. I should have drove off there and then like the other 95% of Australia would, however I left my details. Then I got a $3k claim for repairs to a Volvo!
*Forrest Gump voice* I'm not a smart man, but I know what a Volvo is
Thankfully in the end it was left for NRMA and AAMI to fight out, I dont know what happened.
When Fleur had a small incident with the bus last week against a Mercedes (Our fault), I had the claim and claim number organised and gave them to the other driver within an hour. Last thing I wanted to do was make life hard for them, as it was not their fault. A bit of honesty goes a long way. Hey we're insured, no big issue, no-one hurt, no police, just get on with life.
I know it doesn't always end up that way, so it is always important to get as much info as possible at the start. Fleur took photo's of everything with her phone camera. Didn't need it, but if anything went wrong, we have some proof. Yeah? Most phones have them now, so that is my tip. Use the camera if you have one.
I agree with helbus. Take photos. I have a 10 shot one use camera in the glovebox of my car. I recommend that it is a good idea to put one in your car. If the accident is photoed then a lot of nonsense can be avoided. For example if as amazeer said a Hyundai was hit but a claim for a Volvo was made the only response is to send them copies of your pictures and tell them to piss off and never come back or you will get the cops to do them for fraud.
Thanks guys... his is one of the "murpheys law " momenet.. always insured with GIO, cancelled GIO last week to switch to SHANNONS ... been Hellish busy and did not get around to joining shannons... so NO insurance company ... i could kick myself.
NOw the grand perants have shown them self's to be as bigger dead beats as the grand son who hit me ... oh yeah and the quote from the pannel beater came in today at $5700.00.
I am SO screwed... now i have to walk to work & i stand a good chance of losing my job, due to not having a car ... and as a new dad with a young family & i am the only money earner in the house hold ... things are starting to look really quite bad.
GOD, i wish all sorts of bad things on this guy & his grand parents ... and i really hate saying things like that, but i am SO ANGRY.
Aerodynamics are for people who cant build engines - Enzo Ferrari
You buy a Ferrari when you want to be somebody, you buy a Lamborghini when you are somebody - Frank Sinatra
take the quote to the grandparents, and ask them what they want to do about it... longer you leave it the less likely they are to help!
read the starting post of this thread ... i have spoken with the grand parents ... they dont wanna do a thing.. they bascially have told me to go whistle...
Aerodynamics are for people who cant build engines - Enzo Ferrari
You buy a Ferrari when you want to be somebody, you buy a Lamborghini when you are somebody - Frank Sinatra
OK... shooting from the hip
Did you cancel with GIO or did you expire
Is insurance like rego where you have 3 months to re register??
If you pay back with GIO is it back dateable??
on the other side .... what is the damage to your car??
Is there anything we can donate to at least get you driveable???
Futue te ipsum!!!
better get a lawyer son, better be real good one...
This boy needs a lesson taught to him. It will cost you some money initally and you may not get everything owed to you, but at least it'll cost him more. Ring the the oldies and tell them you have your lawyer on the case, they can cough up now or see you in court. You may even have some hold over them as it is their car that hit your beetle.
And go take some photos of the other car quick smart too, while they are not looking.
As for your job, might be time to get a loan off some family or friends to tide you over until the car is fixed and all. But whatever you do, make sure you keep your job.
Are you in NRMA??
They have a legal service that answers these type of questions and give advice
Futue te ipsum!!!
1.Get some witnesses/pictures/woteva.You need PROOF that this guy caused the damage.Even a picture of their car showing damage is good.
2.Take all the info you have to the police and get the ball rolling ASAP!!!! The longer you leave it the harder it will get.Don't forget to take the quote for the repair work with you.
Good luck. Just one question though....why were the cops not called to the scene of the accident???? In QLD if the damage from an accident is more than $2000 then the cops MUST be called. I had some deadbeat drive up my arse when my twin cab was first put back on the road.I got out of the car and called the police before i even spoke to the guy (This bloke "didn't see me") as i thought any damage to my new engine would cost $$$$ to fix. Do you have different rules over the border??❓❓
tssnq.com.au
Go see the 'wrecked' type 3 from the Fowles auction, it may go for peanuts.
Here is some good advice.
Years ago I had spent considerable time restoring a Old holden (not prizes for guessing). Had spent considerable money ($47K) and this thing was mint. At the time I was still a student so did not have a camera to help me. I got T boned exceptionally badly (I blacked out for approx 2 minutes) and someone called the police to the scene (a requirement to have all accidents reported.) The other guy got charged for both possesion of drug, DUI (both drugs and alcohol), driving unregistered and without a license. (pretty much a low life [well not sure life could be associated with said individual). Anyway to cut a long story short my insurance company at the time stated they would not cover me because of him (ie they broke their contract). so I had to do all the hard work. Get in touch with the police and talk to them in length. A accident report MUST be filled in to assist you otherwise you will not have anything to standon in court. Also write a stat dec which will also carry some weight in court. Next check your contract for your employment. If they do not have a clause to get rid of you for lack of vehicle then legally they should not be able to. This is something you may need closer investigation of. If sacking does occur you can also go him for loss of income. Basically this can all happen behind the scenes for him. If you are involved in a small company then you will find that they will not be able to afford toget rid of you as the training involved to bring someone else up to speed it huge. You should really be safe for the car issue.
Ask your mother, bother etc to see whether they can assist with a loan of a car for a period to ease the issues.
All in all go through a number of things to try and organise yourself. Basically my court case has cost me $25000 but I got 30,000 out of the guy (which is to be paid over 8 years. Now I am going my insurance company to recover the damage to the vehicle (write off by the way..) so things can be tough. but persistance does pay. Talk to a legal assistance centre as these are often free and will draft most of the stuff up for you.
Cheers
T
PS: Chin up it is a long haul but something worth it at the other end.
how are you going?
This disclaimer does not reflect the thoughts or opinions of either myself, my company, my friends, or my dog: don't quote me on that; don't quote me on anything; this disclaimer is subject to change without notice; text is slightly enlarged to show detail; resemblance to actual persons, living or dead, is unintentional and coincidental; dry clean only; do not bend, fold, or mutilate; anchovies or jalapenos added to this disclaimer upon request; your mileage may vary; no substitutions are allowed; for a limited time only while supplies last; offer void where prohibited; this disclaimer is provided "as is" without any warranties expressed or implied
Well , where i am at.... still have not spoken too the young guy who hit me since the night of the accident. The grandfarther claims he has not heard from him either, but thats just bull .... the grand farther still is not playing ball ... i believe they are just, hoping i'll go away..
I sent on Monday this week, by certified mail, the letter of demand, the quote from the pannel beater, a copy of a letter from an independant witness, who lives right where the accident took place, who heard the guy claim it was all his fault & he would fix everything ... and pictuers of the young guys 40 foot long skid marks on the road at the accident ... and pictures of the damage to my car.
They have till monday morning to call me, if not i'll call them ... if the answer is still no ... then at 9.30 on monday morning ... its of to Newtown court to start the legal action against the grand son ... i wont get any money out of it ... but i intend to make his life as misserable as he is making mine at the momenet.
So, i now am riding a bike to work ... on the look out for a new nose clip (from the gas tank forward) for my 58 and the other bits an peices i will need to try & save my car.
Also looking for something i can maybe buy to use as a daily driver.
I am hoping they will realise that it would be eaiser for all to just pay the insurance company, and let me get my car fixed ... but i am not holding my breath.
Thanks to all of you who have sent emails of support & thank you too everybody who has offered your advice.
Its always nice to know, that when you get into a hard place, there are fellow VEEDUBBER"S out there who are ready to lend a hand. thank you too all :thumb
Aerodynamics are for people who cant build engines - Enzo Ferrari
You buy a Ferrari when you want to be somebody, you buy a Lamborghini when you are somebody - Frank Sinatra
are you saying on the night of the accident you did not wait and call the police so they could come and check it all out? u just took his details and went home???
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One man's junk...
The mother is responsible for the damage as she is the registered owner of the vehicle and had given the son the ok to drive the vehicle by the look of it. If she didn't give permission then he was driving a stolen car!
Get your quotes and go straight to the court house and take out a summons on the registered owner of the vehicle. About $100 or so but sure gets things moving. The court costs are also awarded to you on top of the vehicle damage.
I have done this in the past and the other person didn't actually front on the court day but the money was waiting at the court for me to pick up.
[ Edited on 16/3/2006 by 1500S ]
VWFOOL ... no didnt wait for police , on the night didnt think straight, had a nice big lump comming up on my forhead from head butting the windscreen & to be honest, i was in a little bit of shock ... managed to get my car the 1KM to home on the night , upon arriving home, i called the local Newtown Police & went down there to make the report after the crash. A mate drove me.
As for sueing the Grand mother as the owner of the car... i have met with legal aid & they say, i can only go after the grandson as he was the driver at the time. They knew he was driving it ... i am sure they are doing some sort of diggie insurance thing... the car is a lowered silver honda civic, with mags & a huge sound system ... no way in hell this car belongs to a grandmother.
But all that aside... i can only sue the driver of the vechile.
Aerodynamics are for people who cant build engines - Enzo Ferrari
You buy a Ferrari when you want to be somebody, you buy a Lamborghini when you are somebody - Frank Sinatra
i thought that was just the standard thing u hav to do after an accident is call the police and wait for them to come, then dont they usually charge one of the drivers at the scene.
sorry to hear about ur situation, been thru it myself and the outcome sucked.
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One man's junk...
bit far away but have lived in Sydney and if u need a car pick up a cjheapie here that u can later part out and recoup money or use parts for the 57 (is it oval) am picking up a scrappy 58 Mon in Bris ...will check the clip
was the 57 showroom cond
cause if not the clip could halved and be posted Ozz Post cheap
post up a pic of the damage and we will get ya goin ...right dubbers??
Karmen
56 oval resto 60 Cal KG
58 & 62 beetle parting. 74 panel parting
63 Baja 80 GLD parting
58 donor split 11 window 63 Splitty sgle cab /son's
96 Seat Cordoba GLX daily drvr.
VICTORY IS MINE !!!!!!
I GOT A CLAIM NUMBER !!!! WOO HOO... the letter of demand & all the other stuff i sent, worked.
I parents came too the party and now i can go get my car fixed .... all i need now is to find somebody in Sydney who will do the job right.
Man i feel like a weight has been lifited! and my faith in fellow man restored.
Still mean's i am going be with out a car for a while ... but at least the old girl gets fixed.
YEAH BABY !!!!!:thumb
Aerodynamics are for people who cant build engines - Enzo Ferrari
You buy a Ferrari when you want to be somebody, you buy a Lamborghini when you are somebody - Frank Sinatra
