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NSW Ever gone to court?

Discussion in 'Politics, Laws, Government & Insurance' started by evelknievel75, Dec 21, 2009.

  1. recently i was involved in a two vehicle accident.
    driving down near the rocks in sydney the driver ahead of me indicates right to do a U-turn where he shouldn't be doing a U-turn. he stops suddenly, i go to the left and avoid him then he suddenly turns left into me as i pass him ( no indicator for this magic turn form his previous right handed u-turn). a big collision occurs but i keep the bike upright, pull over and signal for him to do the same.

    we exchange details and i ask him why he was doing a u-turn in such a dangerous place. he denies the u-turn as does his aggressive passenger who is now standing 3 feet from me. as i am writing down his info a witness comes up and says, " i saw the whole thing, he went to u-turn right then turned left suddenly into you"....i smile and get the witness details, get the muppet drivers details and say i will talk to him later.

    after getting 3 quotes and calling him tonight he said i was at fault and that he talked to the police and they said i can't drive on his left. i explain if you want to do an illegal u-turn then yes i can. he denies it was his fault and i suggest that he accepts the quotes coming to him and talk to his insurance company. he says no i wont. i say i will have to take this further legally and potentially via the courts. he says bring it on.....

    has anyone actually gone to court for something like this? i.e other driver at fault with a witness on my side? adding to the drama is the fact the driver is not an australian citizen and does not have PR and has a condition Q on his licence ( meaning it's a one year licence only. ).....

    any thoughts on this?
  2. Re: Ever gone to court due to other party refusing to accept fault?

    Yes my wife did.
    Was a pretty crazy affair, she got rear ended by a car trying to rush around her outside while she was stopped trying to turn into a car park. The first said sorry, then 10 mins later after they exchanged details the guy went crazy at her and he didn't have insurance, but we did. He took it to court cos of no insurance. It was through a repairer. We were told by the insurance company it will likely go his way as he has no insurance, it normally does.
    The crazy thing is the judge also said the same thing, said the guy isn't insured, so we'll award it to him.....Cost us nothing but $400 excess and higher insurance. Really bad ending but still I don't agree with the politics.

    All I can suggest is make sure you call on your witness and get briefed by the lawyer.
  3. Re: Ever gone to court due to other party refusing to accept fault?

    maybe he thinks he can drag it out till he leaves the country? I'd claim on your insurance and let them chase him myself. Would pay to also make a complaint to the police and give them the witness details, they will do him for neg driving which helps with your claim.
  4. Re: Ever gone to court due to other party refusing to accept fault?

    apologies, i should have added i dont have insurance on my bike. only 3rd party property etc. certainly wishing i did now.
  5. Re: Ever gone to court due to other party refusing to accept fault?

    I hate to be the devils advocate here but from your description he didnt actually DO the illegal Uturn, all he did was indicate uselessly which I'm not sure is an offence. On the other hand you DID pass him on the left when you were struck. Natural justice and criminal justice dont always align I'm afraid. That opinion is worth about 2 cents as I have no legal expertise see a lawyer for an informed opinion.
  6. Re: Ever gone to court due to other party refusing to accept fault?

    From the road users handbook (page 127)

    So from what you've said, as long as you started to pass him after he was stopped, you are in the right, as he was indicating a right hand turn. Forget if it was a U-turn or not, it comes down to that. (In fact, I would avoid mentioning u-turns at all. Keep to the known facts, he indicated right, stopped, you legally passed on the left, and he moved back out into traffic without checking it was safe first.)
  7. Re: Ever gone to court due to other party refusing to accept fault?

    +1 solicitor. if the witness's statement matches yours, can't see why it'd be against you.
  8. Re: Ever gone to court due to other party refusing to accept fault?

    check your policy. sometimes 3rd party cover you if the accident isn't your fault. probably need to talk to them anyway if the other driver is playing funny buggers.

    I had a bingle in the car where a woman trying to park scraped down the side of my car, admitted liability at the scene but changed her story and told her insurance company I ran into the back of her. apparently there is a special court for this type of thing. got as far as meeting the lawyer and having a court date set before the other side pulled out. took over 6 months to resolve but it was insurance company lawyers dealing with each other that sorted it. lots of paperwork involved and keep copies of everything you write. (ps I had comp insurance)
  9. 1) Claim on your insurance, let them sort it out, probably pay your excess out of your own pocket.

    2) Get very disappointed in 'the system' and lament your lost funds due to someone else's stupidity.

    3) Clone f@ggot's number plate and drive through some cameras to cheer yourself up.
  10. Re: Ever gone to court due to other party refusing to accept fault?

    That would be my take on it too. If he said he reported ti to the police then get in contact with them and give your side and the witness details. Call his bluff and let him wear the ticket.
  11. Re: Ever gone to court due to other party refusing to accept fault?

    I had one similar. The first i knew of it was my insurance company calling me to say a claim was against me.

    Turns out that while i was in a restaurant with many friends (who made good witnesses, 20+), some shrub decided to park behind me on the street and promptly drove into my towball. Ruined their bumper, radiator, etc.
    Needless to say i didnt notice anything when i got to the car, and went home oblivious to it.

    Said dude decided to claim against me and say that i backed into him =D> nice try!

    edit: schpelin
  12. letter of demand sent to this joker by me.

    i express posted it so it arrived today, xmas day. merry xmas! lol.

    anyway, unless he pays me $4454 by 31st December I will follow on with statement of claim which i will pay to have served by NSW sheriffs then its off to court.

    checking his statment to me he has lied to his insurer and the NSW police. surely there are penalties for this?
  13. Sound like you are going the right way about it.

    But to me the description of the accident is a close call as to who's fault it is.

    You can overtake on the inside in NSW if the vehicle is staionary AND if it is safe to do so. The fact that there was a collision is pretty good proof that it wasn't safe.

    All he has to say is "I started to do a u-turn, realised i couldn't and then pulled back into the centre of my lane"

    At which point you are at fault.

    Sorry for the bad news (maybe there is detail I am missing). Just hoping to prevent future loss of money on your part.

    Try the letter of demand by all means (because despite the legalities of the situation it sounds like he was driving like a dick), but be careful of proceeding further if he doen't pay up on the letter of demand.
  14. i see your point but thed only witness othe the accident said he had his right blinker on and turned left into me. pretty clear cut to me. the solicitor i spoke to said the same thing to me.

    i get a private number call last night. stupidly i piick up.....
    caller: "i get your letter"
    me: "yes"
    caller "so do you want me to send you my letter"

    me, "bye" hang up....

    i will be going down to the local court to find out penalties for lying to police, insurers etc so i can enlighten him that this isn't how we do things in australia as compared to his country.
  15. Why get personal? Seek a resolution in as quick and efficient manner as possible. Let karma take care of his dodgy pursuits.
  16. i am being quite literal here.

    its not how its done in his country. i have a very good friend from that country. he has explained it all to me. its a game to him. lie, dissemble, bullsh*t anyone and everyone about what happened.

    it's not personal, it's business :LOL:
  17. It's not as common as one would think Kish.
  18. Re: Ever gone to court due to other party refusing to accept fault?

    If the "someone" lodged a claim with their insurance, they don't need to know what company you're with. In the two times that someone has smashed into me, I never gave a rats about who they were insured with or even if they were insured. All I took down was their rego and if they give it to me, their license details as well as take some photos. My first shot is usually of the vehicle and the driver at the wheel as a background.

    It doesn't matter that the 20 people didn't see the incident outside. It matters that the 20 people saw him IN the restaurant at the supposed time of the incident.

    Third point would be the one up for debate I guess.
  19. Settle petal!
    Im not totally sure how he got the details, but the NRMA sticker on my windscreen might have given him a starting point :p at the very least i suppose his insurer could have contacted mine regarding it. Cant say ive ever initiated a claim against someone, so no idea how the legalities there work.

    As for witnesses being inside with me, thats exactly the case. He specified the accident occured at a very specific time, claiming he saw it and i just walked off before he could stop me. Needless to say i was eating dinner at that time with many friends :).

    edit: just in case the thought is there, no this never went to court or anything (give then subject of the thread).
  20. Re: Ever gone to court due to other party refusing to accept fault?

    It is actually illegal to leave the scene of an accident without exchanging details. From memeory that is:
    liscence nubmers
    regos and
    make of vehicle

    Also keep in mind I know of at least one incident where an insurance company refused to pay on the basis of only having a rego number. They claimed the police won't give them details of the owner, so they have no way to proceed.

    This was a couple of years ago, so it may have changed, or it may have been a one off.

    Edit: I've just re-read this. They didn't refuse to pay. Just made the person pay the excess