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VIC Bike reversed in to how to claim off driver that got away (sort of!)

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by keify, May 31, 2011.

  1. Hi all,
    looking to see if anyone can assist.

    I parked my bike outside a bottle shop in st kilda 10th May to grab a bottle of wine on the way home. After a few minute I heard a loud bang looked out to find my bike (virago 250) lying on it's side ran out to see a car doing a U-turn , she saw me and shouted that she had knocked it over then drove off, got the Rego and description of driver etc. The bloke in the bottle shop also saw this as he came out with me when I ran out. The whole thing is on CCTV. Rang the cops and gave all the details. I've got a quote and it's 900 bucks to get it fixed, Police have now got all all her details based on the Rego and description. It turns out that my insurance with IMR is third party won't assist (which is understandable it is 3rd party, learning what 3rd party is the hard way!!) but how can I pursue this to get the money off her?
    Do I need a solicitor? Can Legal Aid assist? The police have said that they can't give out contact details other that the drivers name. they still have to interview her. The witness, the bloke in the bottle shop and I have both given statements, I've also given photos of the damage, the driver has yet to be brought in for questioning after our statements. I've done a rego check on Vicroads and the car is registered until 11/06/11 not stolen etc. not sure about insurance of the 3rd party.

    All I want is the money to repair cause it's not my fault and it's a real inconvenience not having it.
    As my insurance won't help and the cops don't seem to be able to give out her details for me to claim off her insurance what are the next steps for me?

    Any help would be great thanks,
    Keify


     
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  2. Letter of demand.
     
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  3. Hi conspiracytheorist,
    Sorry for my ignorance but what is a letter of demand?
    and how where do I get one?
    I don't have any contact phone number or address of the driver
     
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  4. Sorry to hear about your bike '

    Letter of demand as been talk about on here before as I remember someone in the same position as you .Do a search that my help .
     
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  5. aaaa Yes that's the one I was thinking of .Thanks Deadsy =D>
     
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  6. Thanks for the posts on the Letter of demand, great to know this. had a look on the thread given.
    I've also done a search on the forum (maybe I'm using the wrong keywords) can't find anything similar.
    My issue is I don't have an address to send this letter to.
    How can I get the the address, is there a "Freedom Of Information" way or is there some way I can get the other drivers details from the cops. They have the information but won't release it.
    Thanks again for the help
     
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  7. I believe you can get it from the rta, there is a fee for this, which you can add to the claim

    Personally when the same thing happened to me the cops gave it to me, try another station maybe and smile.
     
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  8. Thanks Vertical the cop in charge is on rest days after nights so i'll try him when he's back on duty.
    Think Vic Roads do a similar thing for a charge but doesn't give address details but will check it out
    Thanks again
     
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  9. get a solicitor to write the letter? they should have the means to find her address. might cost but you should be able to recover costs
     
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  10. Electoral Roll?
     
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  11. Firstly, are you insured?
    If so, and IF the damage is worth the effort, lodge a claim.
    The Insurance Co will follow her up.

    If you don't want to go the insurance route, a solicitor and court action will cost some $$$.

    One option may be to lodge a formal complaint with Vicpol, (leaving the scene of an accident) and then ask them for the name / address.
    They may / may not hand it over.
     
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  12. he already stated he's only got 3rd party.

    and he already spoke with the police and they won't hand over her details.
     
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  13. Hi Keify,

    Was in a similar situation as yourself except didn't drop the bike but got sideswiped while I was on it, managed to stay up but the dikchead p plater did a run for it and I couldn't chase the dikchead cause the thing momentarily wouldn't shift down from 4th and I was counting my blessings I didn't take a fall. There were 3 witnesses present all whom gave me their number, details and the p platers rego details. At the time I also had only 3rd party f&t thru swann.

    Fast forward immediately went to a cop shop reporting the incident,
    Fast forward X 2 after repetitive calls to the cops they finally released their name and address details to me
    Fast forward X 3 got a quote took it to the guys (as not covered under insurance like yourself) presented it to them and the father said we'll see you in court as the ute was a company vehicle so they had cash to burn.

    I mentioned this previously on the boards and was told I got bluffed however I followed this with a few letters of demand from a law firm and got no response back.

    Fast forward X 4 I now had 2 options either pay a lawyer, take it to court and get what the damage was fixed which in my case was minimal and only engine casing scratched (if it was more major I would have fought tooth & nail as I have in the past when a similar incident happened when I got side swiped in a case by an old guy in another cage).
     
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  14. Understood. But the game changes if it becomes a formal complaint.
    If the matter goes to court (next option) the police can also be compelled to hand over details.
     
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  15. Press charges for leaving the scene get the case number then request (pay for) a copy of the file then with the details in hand offer to drop the charges if cash is forth coming.
     
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  16. What company??
     
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  17. Some insurance companies help you recover costs from the other driver if its their fault even if you are only 3rd party property. Gather yours isn't one of them.
    Still think a letter of demand from a solicitor on letterhead will rattle their cage enough to get payment.
     
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  18. foot69 what is what company?
    Who I was 3rd f+t insured with? swann
    ute didn't have company details on it and jax didn't disclose the company info to me.
     
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  19. Its situations like these that make compro insurance worthwhile IMO. You basically have someone else to sort out all the crap when someone tries to pull a dodgy or the other vehicle doesn't have insurance.
     
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