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Need to take someone to court as they wont pay damages [VIC]

Discussion in 'Businesses and Service Providers' started by vestax, Mar 19, 2008.

  1. Hi folks,
    Unfortunatly a kid pulled out from a side street infront of me without looking. knocked me off and damaged my bike. I was in A&E with a sprained ankle, nothing serious.
    He was honest on the police report and amitted full responsibility and said he didnt look. He got a $180 fine.

    But he also smashed my bike up and it needs $1000 spent on it to get it fixed up. its not driveable at the moment.

    Neither of us has insurance, and he says he can only afford $5/week as he is a student.

    Is there anything i can do to get my bike repaired?

    Any recomendations of lawyers to use? I guess i cant lose a court case but if its true he has no money then what can they do?

  2. Re: Need to take someone to court as they wont pay me damage

    You're as bad as each other. Stop crying.
  3. Time and again it comes up.
    If you can afford a bike then you can afford at least some type of insurance.
    Otherwise compromise on the bike and make sure you can afford some insurance.
  4. ...

    you should see my bike.. its cheap as and about 30 years old.
    Ive driven for about 13 years and have never crashed (until now), i was putting off getting insurance until the winter when the conditions worsen. I will get it when i have the money.
    Im also saving up for some new protective gear first. thats more important to me.
    this forum seemed friendly.. even the guy asking for a dodgy rwc didnt get flamed like me!

    can anyone help this soon to be insured biker?
  5. Re: ...

    Forums such as these have their self righteous and sanctimonious types. You have to learn to ignore them.

    Unfortunately you're stuck. If the kid's a student taking him to court won't achieve anything. If there's no dough to be had then for starters there won't be any contingency fee lawyers willing to take it on. And any lawyers that you do hire will cost you far more than what the repairs to your bike and the cost of insurance will cost you.

    Best put it down to experience and concentrate on getting the bike repaired and insured.

    Good luck.
  6. soz.
    i posted again without mentioning that i was uninsured in the hope of getting some feedback instead of being flamed.

    thing is how do i know he's not just saying he's a student? and how would a lawyer firm refuse on those grounds when they dont know either..

    hmm.. so if someone says they cant afford it they just dont have to pay?
  7. Re: ...

    thanks for the advice, but what about if i dont use a lawyer and just take it to court for $36, what happens then.. he just gets let off? what happens if it turns out he does have a job just not much money..? he didnt look like thye student type, thats just something his dad said. he was drivign a car for starters.. not many students drive cars do they? not skint ones anyway..

    so it seems if your broke then theres no need to get insurance anyway as you dont have to pay if you hit someone.
  8. Re: ...

    Where does this $36 come in? Is that what it costs to lodge an application to the court or VCAT or whatever?

    Well, if the guy has no assets then there is nothing that you can sue for. There used to be a system whereby a person's wages were garnished so that he could repay his debt over time. But I'm not sure if they still do that these days. And if you're on the dole or whatever then it's fairly probable that you won't see a cent from him.

    These sorts of incidents highlight the issue of a need for some form of compulsory third party property insurance. Only problem is how it's administered. Do you do it via TAC or like in NSW etc. and contract it out to private insurance companies?

    Whatever, it sounds like you'll be trying to get blood from a stone. Good luck with it, anyway.
  9. That's just poor form. With any sort of incentive, even the most useless of derelict students could rustle up $1000 in a few weeks.
  10. I'm going to assume you mean full comp smee, as third party wouldn't have helped the guy out in this case.

    At risk of going OT (infact I may start a fresh thread on it). There was a time I would agree with you smee, to a degree I still do. But there is a point where full comp insurance simply is not worth the money. I.e. you have a bike worth only a few thousand, full comp may set you back $500 or much much more. To make a claim with no guarantee of the excess being returned may cost $750. After a couple of years of no accidents and then making a claim for 50% of your bikes value it would have been cheaper to self insure. I understand that this is probably the minority of cases, however from personal experience I have found full comp insurance to be a waste of time on a cheap bike.
  11. IMR quoted me $1800 for full comp. if i had 5 years acco free, i could purchase an entire replacement. lucky i found another insurer, it only cost me $750 :roll:
  12. Realistically there isn't much the OP can do, just have to pay for your repairs this time. That is after all the down side of being uninsured... every so often you run into someone else who is uninsured *shrug*.

    At the end of the day ya pays ya money (or not) and ya makes ya choices.
  13. Re: ...

    I must be one of them then. :shock:

    The OP is crying because he didn't have insurance. If he had run up the arse of a Merc etc (or any vehicle in fact) he would be in the shit.
    In his case its a $1000 lesson that on any day could have cost him a lot more.

    There is a bit of irony in someone with the same amount of disrespect for other road users, crashed into the OP.

    OP's luck was pushed to far.

  14. Most 3rd party property policies will cover the insured against uninsured motorists, usually up to about $3K, so if the OP had 3rd party property himself, he would have had that protection either as standard or an option on the policy from a number of insurers.

    No insurance = no crying when another moron who is uninsured hits you and it's not your fault.
  15. Re: ...

    infact i have enough money to replace the merc. plus im crashing once every 13 years at the current rate.. do the maths and youll see i dont need an insurance company.. ive self insured pretty much everything i can in my life.. I actually work for australias biggest insurance company so know about risk and return.

    so to make it clear this post is not about you assuming i wouldnt pay if the role was reversed its about someone not paying up when they are due.

    and thanks to those who dont want to have a dig at me.

  16. your crying about me crying. Im just trying to find some legal advice.
    stop calling me names and grow up.
  17. Taking him to court probably won't help as the judge will see he has offered to pay some money. Though he may dictate that $5 is not good enough and say he has to pay $20.

    Have you put a letter of demand on the guy yet?

    If not that may scare him enough to get him to fold or at least offer a bit more every week.
  18. ...

    yeah i sent a letter of demand for $1033.. but he came back with $3.50/week.. even after i told him my friends brother got knocked off in the same circumstances a week after me and was killed on impact. $3.50 takes the piss when he's lucky he didnt write the bike off or get a manslaughter charge.

    I threatened court last night and he put his offer up to $300 and $5/week. So were getting somewhere.