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Advice re: accident

Discussion in 'General Motorcycling Discussion' at netrider.net.au started by garfield2k, Jan 4, 2006.

  1. well...im in a bit of a crappy situation atm n need some advice...
    story is as follows....

    had an accident involving a car the week b4 motogp weekend (doh!), bike is written off. car drivers fault, police came etc....

    i dont have insurance nor does he (and he was driving his boss's car which is not insured). i got some1 that deals with accident claims etc to deal with it for me coz i couldnt be bothered chasing it all up.
    the other guy got the letter of demand from them and offered to pay $250 per month til its all paid off, which would be about 3000. this was before xmas. next step was rejecting it and demanding at least a lump sum before any sort of payment plan. this was done before xmas and just found out 2day that he does not want to pay any sortof lump sum n can only pay the offered payment plan.

    wat can i do now? i dont really want to wait for a year and a hlaf and the chance he might not even pay it all. the person i went through also mentioned that they told him might be going thru a solicitor and he might end up with a "judgement"? his reply was "i dont care". :evil:

    what should i do? the judgement would cost up to $1000 and im not sure what happens with this,...anyone here know?
    i dont have any other transport, im borrowing a friends bike atm but he wants it back soon.

    can any1 suggest anything? :(

  2. Well, if you yourself "can't be bothered chasing it all up", why should any of us give a shit?
  3. Unfortunately dude, when you're talking about small sums like $3000 (doesn't seem small when you spend it though does it?) our legal system isn't much help. Even if you sued and judement was in your favour it will cost more than $1000, and even then to enforce the judement if he refused to pay, you have to go back to court, costing another $1000 or so....... do you see where I'm going here?

    May be best to formalise a "payment plan" in writing (hmm, kinda like a contract) and just take what you can get and put it behind you.

    Then again, he might be all talk and may change his tune if you actually issue proceedings and suddenly decide he does care and wants to pay.
  4. Problem is, if he shrugs his shoulders and says thathe can't pay, the worst that can happen to him is that he gets declared bankrupt, which'll only mean that he'll have trouble securing finance from then on. For someone happy to live in shared rented accomodation, drive cheap old cars and buy electronics and whitegoods that fell off the back of the truck the rest of their life, and there are many, many people like that, bankruptcy is no deterrent at all.
  5. Did you chase the owner of the car (his boss) to pay up too?. It might put some pressure on the driver?
  6. WTF is a judgement?

    Unsure of the exact Victorian system, but in NSW this is how it works (and I expect Vic is similar)

    You can take him to small claims court. Cost around $150. If you win you get that money back.

    You don't have to get solicitors but you can.

    Magistrate will rule that he owes you the money (since you've got the letters that admit he owes it to you).

    That doesn't mean he has to pay.

    If he doesn't pay you then go back, and can garnish his wages. For him to not pay it, he has to prove he has no assets whatsoever.
  7. The owner of the vehicle isn't liable. It's the driver which has been established, given that the police supposedly attended.

    The OP could probably lodge a claim via the small claims tribunal in his state (here in Vic it's VCAT). Shouldn't cost him much.

    I'm not sure on the laws of bankruptcy, but I don't know if it's that easy to worm your way out of debt by simply declaring bankruptcy if you may have tangible assets and money in the bank.
  8. Not liable for the accident, but in a court of law would likely be held negligent for possible damage to other property through lack of insurance, and ordered to contribute to cost of damage of other property. Happened to a family friend years back.
  9. Small claims is for disputes with traders not for mva type stuff. Could always represent yerself in magistrates court, but even in a simple case this is inadvisable.
  10. As far as I'm aware there is no law, common or otherwise that gets you into trouble for not having insurance.

    The driver is the one at fault. The owner's only "crime" was not to have insurance and to let other people drive his car.

    There must be a lot more to that story about your family friend. If I lend you my bike and you plough into another vehicle, then you'd be at fault. My only issue would be getting money out of you for repairs to my bike. If the bike's insured then I'd lodge a claim through my insurer. It'd then extract its pound of flesh out of you.

    If I wasn't insured, then I'd expect you, as my best mate to make reparations. Either that, or hand over your family jewels, or your first born, whichever is the more valuable....

  11. Hmm. How come my smiley isn't represented as a graphic, instead of that text representation?

  12. Its a matter of get what you can take the 250 a month its better than nothing,and just keep on his ass
  13. Just out of interest...if garfield2k had third party insurance would he definitly get his money back and quick or would he have to way a long time since the guy doesn't want to pay?
  14. Neither party in the crash had any insurance. Otherwise, the OP would simply claim on his insurance and let the insurer's hounds loose on the other chap.
  15. thanks for all th replies....
    i looked at the vcat website and doesnt seem like they deal with this type of stuff.

    ill just wait til i get a call from the solicitor and go from there. worst case i guess i have to accept the pyent plan....oh well..

    enforcer - if i had 3rd party then i would get my money thru my insurance, pity though coz i only found this out after the accident and let the insurance lapse since i was selling.

    thanks for all ur input...

  16. Well you're basically fcuked if you don't want to chase him through the courts, and even then there's no 100% guarantee that he will pay.

    Goes to show that when push comes to shove the system isn't that great at looking after the little guy.

    I bought a stolen car (unknowingly) years ago when I was young and niaive...it only came to light coz the lady whose car it was originally saw it and reported it to the police.

    They busted the guy who sold me the car and he went to prison but I never got my money back and had to honour a bank loan for $2,500

    I'd try for small claims if its under $200 then go for the payment plan and get what you can.

    Next time get insurance ;)
  17. cos you gave him a nose

  18. If you don't want to go through the legal system youve got nothing.

    If u want your money, send a letter of demand, once he fails to pay in full, go to your local courthouse and take out a summons, get this either servered by the Sheriff or by yourself.

    The summons will also account for the funds you are claiming, any fees incurred to retrieve your loss (court costs) as well as any interest.

    Once served there will be a hearing date set this will then either make the guy pay in full, garneshee of wages or a sherriff will be sent to reposess items to the value of...

    If the guy has half a brain he wont let it go this far as garneshee of wages will completely F your credit rateing.

    Secondly why would U let him walk without pursueing him... his word is worth nothing make it legal...

    Otherwise forget the whole event everh appened
  19. I wonder how he'd go reporting him to Baycorp Advantage if he accepts a payment plan and the other guy defaults. I wonder if they deal that that sort of "credit" or if it's merely for credit card merchants and loan providers to lodge credit defaulting reports.
  20. Judge Judy!

    Ok ok.. I'll be good now. The legal system is poo for recovering compensation from crims.. the only real way is to accept the payment plan.. Then go to his place and take something worth $3k. When he comes after you ask if you can pay it back at $200/month. Invest the other $50/month and you'll come out on top. :grin: