At Fault Party Denies All Responsibility - Taking Her to Court. Cost?

tomleonhart on 21/01/2015 - 18:29
Last edited 21/01/2015 - 18:46

Hi folks,

A couple of weeks ago I posted this. https://www.ozbargain.com.au/node/176780

Basically someone reversed into my car, admit at the scene that she didn't see me at the back. I don't have witnesses nor dash cam.

Get in contact with the at fault party and she asked me for 3 quotes. After running around for 3 days to get 3 cheapest quotes from 6 smash repairers. All quotes are around 2000. She now denies all responsibility.

I'm drafting up a Letter of Demand now. After that I will most likely take her to court.

Any idea what the cost might be?

EDIT: i only have third party and my insurance company already told me to go away.

Automotive

Comments

  • toristo on 21/01/2015 - 18:35
    -3

    Do you have car insurance?

    Call them, let them know what has happened. Also file a police report and note the report number.

    If you have had any communications (phone/email) document this too.

  • Settero on 21/01/2015 - 18:47

    eat it.
    you wont win, its very hard for you to prove she was at fault , regardless if you are right.

  • mskeggs on 21/01/2015 - 19:01
    +5

    While it will be difficult to win, you can be a pain without it taking too much time or effort.
    The letter of demand is good - see this link for small claims:
    http://www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassis…

    If you are prepared to ring every day, send letters, file court docs etc. there is a reasonable chance she will offer you something to stop the annoyance.
    If you forget it you will get nothing, and you will feel aggrieved.
    Even if you get no money, at least pursuing it a bit will make you feel a bit better.

    • tomleonhart on 21/01/2015 - 19:30

      I'm sending her the letter of demand now.

  • what on 21/01/2015 - 19:04
    +5

    I am sorry to hear that she is not taking responsibility for the accident.

  • jaybmate on 21/01/2015 - 20:07

    Any written evidence? eg texts of conversation about her getting you to get quotes, etc?

    • tomleonhart on 21/01/2015 - 20:08

      She texted me "i'm happy for you to get three quotes and send them to me"

      • jaybmate on 21/01/2015 - 20:12
        +7

        These texts could be quite useful, which will be most likely critical if it is the only written evidence.
        Note, the context is also important, in regards to what you have said to her in the text conversation etc.
        With continous conversation back and forth, if you were saying things which implied she was at fault and she continued with the conversation as if implying agreement (like the text message above), that would also be helpful.

        • tomleonhart on 21/01/2015 - 20:53
          +2

          This is how it went. What do you make of it ?

          Me: Hi L***, It's ***. We met today in McArthur square carpark. I assessed the dmg on my car hood, just wondering if you have a preferred mechanic so I can bring the car to get a quote to get it fixed. It might be lower than your excess fee for NRMA.

          L***: Hi ***, I'm not from up that way so I'm not sure which repairer is any good, I'mhappy for you to get 3 quotes and send them to me"

          Me:I'll get to your on Monday. Thank L***.

        • jaybmate on 21/01/2015 - 21:11
          +7

          @tomleonhart: That sounds pretty good i reckon. Couldn't be explained around from her end. She's acting in a way that implies fault. Do the demand letters, it may be enough to turn her around. and keep any extra evidence if she puts any forward / record phone coversations etc. But my opinion is that i reckon you have a good chance in court.

  • what on 21/01/2015 - 20:23
    +7

    I find it so sad that some people will lie to benefit financially, no matter how it affects others. It is so cruel and dishonest. OP I wish you the best in winning this case. Hopefully the text messages will be the proof you need to put her back in her place.

  • dan76n on 21/01/2015 - 21:12

    That text seems to me to be implying she excepts responsibility.
    Has she denied responsibility in writing? What exactly has she said?

    • jaybmate on 21/01/2015 - 21:33
      +1

      whether she denied responsibility in writing now wouldnt matter unless it was denied Before the texts above.

      Clearly she was happy with it until she saw the quotes and then decided she didnt want to pay, becuase it was a lot of money.

    • tomleonhart on 21/01/2015 - 22:20

      Hi, you can put it through insurance
      Im not paying for damage that i didnt cause and will be notifying insurance company of that too
      Thanks

      • dan76n on 21/01/2015 - 22:34

        Did you happen to take any pictures of her car? Was it damaged?
        I would be reporting this to the police ASAP.
        I had someone reverse into my wife's car while In a shopping centre car park. I had my 2 year old daughter with me and just entered the shop when a lady ran in and asked me if that was my car as she just saw someone reverse into it and take off. She happened to get the number plate which I took to the police. Apparently the other driver tried to deny but the witness saved me. I'm pretty sure they would of damaged their car too.
        My luck was that I had my 2 year old daughter walking along holding my hand. Ladies seem to notice dads with kids. Had I been on my own I highly doubt she would of noticed me and the car.

  • Cave Fire on 21/01/2015 - 22:58
    -1

    Hi there,

    Just wondering if there has been a claim lodged with NRMA as yet? It seems like you have decided to try to settle outside of insurance. The at fault driver/second party should have told her insurance of involvement in the accident. It seems like you will have to do this instead. They will determine who is at fault and to what percentage. This seems like a better option to at least get this over with.

    • jaybmate on 21/01/2015 - 23:56

      Theres no point in contacting the other party's insurance, they aren't your insurance. The insurance company isn't gonna pay out money if their OWN client doesn't want them to pay out.

      • Cave Fire on 22/01/2015 - 09:29

        Yes, that's true. But if OP reports the damage, NRMA may decide to contact their insured and find out:
        1. Why she did not report an accident she was involved in.
        2. If she wants to use her insurance or not.

        This is also assuming she has an appropriate level of cover, don't know if Nrma will disclose this to a third party though. If she only has CTP, then OP can claim on his insurance?

  • cisco on 21/01/2015 - 23:41
    +1

    Did you exchange your license details? if so, thats to your benefit in court as why would she exchange details if she is not at fault.
    Good Luck

    • blackfrancis75 on 22/01/2015 - 08:11
      +2

      Not true. You are legally obliged to exchange contact details after a crash, regardless of fault. Every driver should be aware of this:

      "what are my legal obligations after an accident?"

      • You must stop if you are involved in a motor vehicle accident.
      • You must provide your name and address to other people involved.
  • windale on 22/01/2015 - 08:59
    +3

    Her insurance would have told her to deny everything. They will continue like that as long as they can. It's frustrating I would just carry on as if it's her fault and do what you are doing. When I was rammed from behind by a semi the driver said it was his fault but their insurance refused to to accept liability until the car was in being repaired. Standard practice I would say. You may need to pay to get it repaired and claim back.

    Edit: I vowed to always call the police to any accident from now on so details are on record.

    • ilikeradiohead on 22/01/2015 - 11:21

      Good tip. Insurance companies are scumbags, so if you have a police record of what happened that should be useful.

    • Ughhh on 23/01/2015 - 13:39

      Your case is a little different and probably easier to fight, since in rear end accidents, the car behind is usually 100% at fault. This case however, the front car was a fault, so its going to be hard to prove it.

    • [Deactivated] on 25/01/2015 - 00:45

      I vowed to always call the police to any accident from now on so details are on record.

      I thought we couldn't do that unless someone was injured?

  • r2160 on 22/01/2015 - 09:27

    Do you have insurance? If so, let your insurance company fight it out for you. Provide them with the texts, all the details you have and let them go after her.

  • bonezAU on 22/01/2015 - 11:26
    +3

    I looked into taking someone to court a few months ago for a minor matter such as this. I don't know how much the process varies state by state, but in WA this is how it works:

    1. You lodge a 'minor' claim in the Magistrates Court (Civil) - in WA it can be done online. You pay a fee, but all fees are added on to the amount you are seeking to claim - so essentially it costs you nothing if you win the claim. If you lose, you are ~$180-250 out of pocket.
    2. You present in person a copy of the paperwork to the person, or you can pay an extra fee and have the bailiff deliver it for you.
    3. The defendant can choose to pay you before the court day, if this happens then you just notify the court and nothing further happens. The defendant can also offer you a payment plan, which you do not have to accept, but can if you wish.
    4. If the person doesn't want to pay you then you both go to court. Legal representation is not allowed at minor case claims, so neither of you can take a lawyer.
    5. The court session is quite informal and the judge/magistrate or whatever makes a decision based on all the facts and decides the outcome. If the claimant is successful, he/she will enforce the defendant to pay up.
    • jackspratt on 22/01/2015 - 14:04
      +5

      Goodness Troy - that wasn't a minor matter.

      You hit about 5 other vehicles, plus damaged your government vehicle …. AND you were pissed. :-)

      • bonezAU on 22/01/2015 - 14:34
        +2

        SSSSSSSHHHHHHHHHHH ;)

  • jaybmate on 29/01/2015 - 13:42

    Did you send your letter of demand?

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