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 bennyboy311
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| posted on January 27th, 2003 at 09:19 PM |
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should i have to pay??
a couple of weeks ago i drove my type 3 to a friends party and parked it on the side walk so nothing would happen to it,
i was 30 seconds from leaving the party and the clown on the road next to me left with the owner of the house to go and pick someone up. I had walked
away from my car after putting my keys in and pushed the door closed but because my rubbers aren't that old it swung back open resting 2 inches
away from his rear 1/4 pannel and when he took off it caught his 1/4 pannel then bumper ripping my driver door forward snapping the linkage and
wreaking the door on my front 1/4as well as bending the hinges on the body.
he claimed full resposibillity and said he would pay for the damage but when i gave him the quote from my vw mech he wasn't happy and wanted his
mate to do it, i spent 12 months and $3000 on it , i've had it registered for 6 weeks and had been driving it 12 days when it happened and
i'm worried that if i don't get it sorted out soon that he won't pay
what should i do i'm going nuts over it  ???
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Buggy Boyz
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| posted on January 27th, 2003 at 09:25 PM |
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Do you have insurance ??
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The_Bronze.
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| posted on January 27th, 2003 at 09:42 PM |
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Tough call and tough break Ben.
Bu the sounds of it it is both your fault and his. Not what you want to hear I know but going on the information you have provided I would say you are
both liable. Yes he has a responsibility to fix your car but as you were not parked in a desiginated paking area, had not noticed your door against
his car then you (in my opinion) have to share some of the responsibility.
On the same token as the driver of a vehicle he should be aware of the vehicles and people around him. Your door may have been shut when he entered
his vehicle and would have felt it safe to move his vehicle without any harm being done. He may have admitted full responsibility because of the
amount of dammage, his failure to check or the fact that your mates or have a common friend. Even so it a shame but accidents happen.
If it were me - Well I'd have to park it because I'm broke but:
I would come to an agreement along the lines of you both pay half of the total cost of the repairs, since you both share the responsibility. You agree
on when and how long these repairs will take. Thirdly you can include his mate if he wants that but you also request for a reciepted job that includes
him and two other quotes on the repairs. This way the onus is on a quality repair being done and not a backyard straighten up which might give you
probs down the track.
There are avenues on mediating small claims and discrepancies if you cannot come to a fair outcome. These are law binding and very helpful. I have had
to use them with arguement with my previous neighbours. You should seek third party help before relations sour as this will make coming to a
compromise much harder. If you don't you may have to pay the whole amount and be off the road for the extended time it takes to sort out
legally.
Mabey I read it wrong but going on what you posted I'm sorry if its not what you wanted to hear but from experience I suggest you come to some
arrangement.
[size=4]Bronze.[/size]
Rathmines, Lake Macquarie, NSW.
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Buggy Boyz
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| posted on January 27th, 2003 at 10:02 PM |
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hey hey
Just a quick note if he was parked an was hit by a moving vehicle it don't matter if he was outside of a parking area.
I know of 3 seperate cases that went to court and it was ruled just that. |
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HotRodMatt
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| posted on January 28th, 2003 at 07:26 AM |
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Illegally parked vehicles will always be seen as "at fault" if you were on the nature strip or path you were illegally parked.
I recently watched a case where a person had parked the wrong way round and slightly overhanging the driveway of another house. The driver of the car
in driveway, made no effort to avoid the car, and infact testified that he hit it harder than if he hadn't of noticed it to teach the person a
lesson.
Guess what? Full liability to the illegal parker. Including the repairs to the car that hit it and his legal costs...
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SKEWtYpe3
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| posted on January 28th, 2003 at 08:43 PM |
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mabye make him pay most and you chip in a bit
u know; make him feel guilty but it will still suck that u have to pay some of it.
and yeah, dont get insurance involved.
anyway good luck
:bounce
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 helbus
A.k.a.: Pete S
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| posted on January 28th, 2003 at 09:36 PM |
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Would his car have damaged yours if your door was shut?
I was under the assumtion that if your door was open it was your fault?
Only my opinion!
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Buggy Boyz
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| posted on January 28th, 2003 at 09:36 PM |
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got to love the legal system
Good to see there is consistancy in the legal sytem....
Is there a sign that says you can't park on teh footpath ? |
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HotRodMatt
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| posted on January 29th, 2003 at 07:41 AM |
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No need for a sign. Part of your licencing is that you know the rules. Parking on walkways, naturestrips, too far out, facing wrong direction etc is
always illegal. Stupid in most cases as parking in narrow roads causes more danger and risk, but still....
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bennyboy311
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| posted on February 5th, 2003 at 02:22 PM |
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i thought i has closed the door, i watched it shut before turing away the passanger in the front admitted that she tried to shut it and it close buy
the passanger in the back watched it open up and his mate hit it and drive away. parking on the foot path in a public place is illigal but this was in
a residential area, my car door had a good 2 inches between it and the body of his car, it shouldn't matter if it was there or in a car parking
spot next to him. it probaly didn't help that he was under the influence of a controled substance at the time either
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fatboy
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| posted on February 5th, 2003 at 02:35 PM |
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Bennyboy
You MUST ring a solicitor as some of the info here is simply not correct.
It is a basic principle of traffic law that no vehicle may proceed unless it is safe to do so. Whether you were parked illegally is irrelevant and
certainly anyone deliberatley driving into another car is guilty of willfull destruction of property.
I dont know if Slater & Gordon have offices in NSW but they (and other solicitors) will give initial advice over the phone for free.
If you want advice on fixing a VW go to the experts IE the people here. If you want legal advice go to a solicitor.
Good Luck mate :thumb
" Captain Picard, why are there no Indians on the Enterprise ? Don't you need IT Support ? "
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 Bizarre
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| posted on February 5th, 2003 at 03:00 PM |
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If you are in the NRMA you could ring them and ask for legal help. You follow the prompts under member services.
Usually give good advice
Futue te ipsum!!!
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Bugged Again
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| posted on February 6th, 2003 at 08:10 AM |
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| Quote: |
I had walked away from my car after putting my keys in
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Naughty Naughty
| Quote: |
he was under the influence of a controled substance
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was he pissed? if so insurance wouldn't help especially considering you were illegally parked |
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bennyboy311
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| posted on February 10th, 2003 at 07:28 PM |
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the keys where in but you would have to be stupid to want to do or take anything to any property or person at that place, and he was smoking pot all
night with witnesses.
also kill switch was on so no one could start it
[Edited on 10-2-2003 by bennyboy311]
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