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Discussion in 'General Motorcycling Discussion' started by Mouth, May 17, 2005.
Anyone have a good one? Might need to get heavy with an at-fault 3rd party shortly.
That's a NSW one. Legally that's all you need to send.
Again that's for NSW, prob similar in Vic though.
No - that's not a letter of demand, it's information about how to complete a statement of claim (ie commence court proceedings).
I posted a suggested letter of demand a while ago, in the thread about the chap who found a barrister doing an illegal U-turn on him up in the Dandenongs somewhere. I'll see if I can track it down.
Edit: it's on this page:
Sorry, to make it clearer.
On the page, after
Before Starting Legal Action
Direct link is
and a html version
Ah - I see.
That one's not really all that good for a motor vehicle property damage claim. I think you need to give a bit more information (location, vehicle details, date etc) - not just "you owe me money, pay or I'll sue you".
If you send that letter, the driver (if they can work out who you are and what you're on about) will send it to their insurer. The insurer will have to chase you for the accident details anyway, so it's better to put the basic info in the letter I think.
refer to the following particulars of debt which you owe me:
(see this big gap)
Thats where you put in the particulars
How many accidents do you think he'd be having On the other hand considering some of the drivers out there.....
The only risk you take you take is you say something in the letter that is taken against you for legal-mumbo-jumbo.
I'm going through this process at the moment, granted for a relatively small sum ($407). I am fairly impressed at the process though. The registrar in charge was more interested in the spirit of the law than the letter. Some solicitor was trying to do a claim for $9999 (under 10k which meant small claims). He told him to go jump and put him to the next level of court (which means you can then cross exam witnesses).
The example that Gromit posted for me, was an exact copy of what i sent...with my deatils of course.
It wasn't sent back so i guess it was fine.
What's the current state of play with your claim, KTF?
Today i was called up by Carrington and Carrington, the company working on my behalf chasing up my claim.
They finally gave me some good news saying the other drivers insurance has finally admitted liability. An assessor will be dropping by tomorrow to inspect the bike and then take it from there. I've been off the bike since 30th Jan, i just want to get back on while the weather is still good.
All good news!
(And there'll be plenty of good weather yet, don't worry!)