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NSW Statute of limitation accident property damage?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Zbike, Jun 16, 2010.

  1. Quick question
    Is there a statute of limitations on damage to a car involved in an accident, talking about accident or small claims court whtevers aproprate to nsw

    I was in a accident other party's insurance is claiming i was at fault without even talking to me, i've just being ignoring them, i'm not particularly worried about going to court if it goes there cause i'm not in the wrong just want to know how long i have to put up with them before they stop hassling me.

  2. [NSW] statue of limitation accident property damage?

    Statute. :)

    I don't believe ignoring them is the best idea.

    Put your case forwards to them
    Or their insurance company etc.

    Otherwise they will just end up getting judgements against you in your abscence. And debt collectors and All the biz.

    It won't "go away" until you show them that they are Mistaken.
  3. Re: [NSW] statue of limitation accident property damage?

    You shouldn't have to put up with it for long if you stop ignoring them and send a letter back stating that you believe you are not liable and that if they wish to pursure the matter they should do so in court. If you ignore them they can hassle you as long as they like. If you dispute their claims they have to take action or f**k off. :)
  4. Re: [NSW] statue of limitation accident property damage?

    Ignoring it will make you look guilty down the line.
  5. [NSW] statue of limitation accident property damage?

    I was once involved in an at fault accident. Told the guy that I'll get three quotes for the damage and I'll pay the best 1. He came to me with a receipt and said pay. I sought legal representation and they said to me that I have no choice but to pay because I didn't proactively set out to get his car quoted. Bare in mind I'm talking days here and that it's not my vehicle so I can't exactly take it to a panel beaters myself.

    So IMO the best thing to do is follow it up asap.
  6. Re: [NSW] statue of limitation accident property damage?

    Damage to property would be 6 years (see section 14 of the Limitations Act 1969).

    Stu is right about what will happen if you ignore them - eventually they will send you a Claim/Statement of Claim, and if you ignore that, they will seek a default judgment against you (which basically means you automatically loose because you failed to offer a defence against the claim). That is not good.
  7. Re: [NSW] statue of limitation accident property damage?

    Yeah if you are SERVED a statement of claim that is the case, yes.

    Read your mail carefully, if you've been ignoring them, they might get a court order for alternative service by way of post...
  8. Re: [NSW] statue of limitation accident property damage?

    This is a statue of limitations.
  9. Re: [NSW] statue of limitation accident property damage?

    The letter to you would likely have mentioned a time to respond (14days?). this is a threat and puts the ball in your court. It means they can take action without your permission. Well it's easier for them to justify later.

    Are you insured?

    If so, what I would do is firstly write a letter stating your understanding of events and clearly state that you do not believe you are liable for the damage.

    If they get back to you repeating their claim, then just use your insurance company. Basically they then become your lawyer. Sure you might have to fork out your excess to start with (because there is a dispute), but if the claim is found in your favour, you are entitled to it back.

    If you don't have insurance it might be worth engaging a lawyer to write the letter in the first place. Or maybe write the letter yourself, but inform them that you will be engaging legal council regarding any further correspondence. This will send a clear message that you genuinely believe your versions of events and pursuing you further will cost them money.
  10. Re: [NSW] statue of limitation accident property damage?