At-fault vehicle owner uncoorperative after an accident

Justinism on 20/02/2017 - 16:27

TL:DR - Need to know the process one would take against an owner, whose driver is at-fault, and is refusing to provide details for me to claim against his insurance. I have no insurance on my damaged car.

My wife had an accident last Thursday evening. She was on her way home driving 70KM/H on a road with three lanes of traffic. The limit was 80KM/H. She was on the extreme left lane while the small truck was originally on the extreme right. According to her, the left lane, which she was on, was totally empty ahead of her.

Both the middle and the extreme right lane were bumper to bumper. The truck driver wanted to cut from the extreme right lane, across the middle lane, onto the extreme left lane. Because the cars were not moving, he inched out slowly from the right, to the middle, and finally peeked out onto the left. he said: "i checked my rear view mirror(sic) and didnt see anything. then as i was about to go, i felt a bump." That bump was obviously my wife and the car travelling along the extreme left lane. Not sure why he was looking in a rear view mirror when he was changing lanes, and his truck was across two lanes, i.e. at a 45 degree angle.

The point of impact on my car was the middle of the rear, driver-side door extending onto the back side panel where the petrol inlet is. The point of impact on the truck is the left side headlamp. My car is a Toyota Echo sedan, and the Truck is a Hino 300 616 if that matters.

At the time, the driver was apologetic and all, he gave me his license (front side only, did not take the backside address bit) and a small incident report of his side of the story. it reads "Changing lanes. On ** Rd. It was all banked up. I was indicating to go into the left lane. It was clear and i moved over then we hit" Since it was a work vehicle, he also gave me his boss' number and name but no address.

I have tried to call the boss five times:
First time - on Friday approximately 3-4pm, one day after the accident, was a pick up and promise to call back. But no call back after evening. (also sent a text asking him to call back)
Second time - was on Friday approximately 8pm. Went straight to voicemail
Third time - was on Saturday 11am. Went straight to voice mail (assumed it was a work number and since it was the weekend, i would try on Monday.)
Fourth time - was on Monday 9.30am. Picked up, heard some grunts, and hung up with no reply. Assumed he would call me back.
Fifth time - was on Monday 9.45am. Picked up and requested to talk later in a hour after he reached his office. i agree, but no call back. (sent a text of the incident, a picture of my car, to aid in discussion. no reply)

I sent another text informing him if he remains uncooperative, i will proceed to make a police report and claim against his business and driver.

If you are still with me, thanks for reading. And my question is:
1. Which organisation do i turn to that can help me pursue a claim since i have no insurer.
2. What else can i do to sort this out amicably when faced with such resistance?
3. I am feeling annoyed at this point, patience or legal hammer? What can i do to bring the rain?

Automotive

Comments

  • Godric on 20/02/2017 - 16:40

    I'd see your only options being uninsured;

    Request police assistance with any info obtained including reg# or
    Legal proceedings.

    AF driver isn't obliged to assist.

    Also given the scenario seems your driver is AF regardless whether the driver claims fault or not.

    • Justinism on 20/02/2017 - 16:44

      not really asking them to "assist" me but rather to be contactable to resolve the matter. you mean to say the af driver is not obliged to do even that? lol thats terrible… but yeah, will likely go to police tmr if no development.

      • Godric on 20/02/2017 - 16:47

        I miss read the TLDR Also given the scenario seems your driver is AF regardless whether the driver claims fault or not.

        They aren't obliged though

  • Cheap Charlie on 20/02/2017 - 17:24
    +4

    Based on the events listed above OP, I would take the following steps;

    • You need an address where the Driver and or Business can be contacted.
      It seems you do not have an address?
      If no, you have the drivers name and presumable licence number?
      I would approach your local police station noting the incident and ask if there is any way they can assist with an address.
      As this is a civil rather than a criminal matter, I would expect the Police will be limited in what they can actually do, hopefully they can assist with information.

    • If you have not done so secure a comprehensive quotation to return your vehicle to the condition it was in prior to the collision.

    • Generate a letter of demand and hand deliver the letter to the Driver.

    If the vehicle is owned by a company as the driver suggests, the driver will be wanting the company to resolve the issue with the knowledge that you intent to take legal action against the driver in the event the sum of $xxxx.xx is not received within 10 or 14 days following the receipt of the letter of demand.

    Whilst some may not agree with this method, I can see you being left holding the bill for the repair.
    It would seem these guys are just hoping you will go away.

    • Justinism on 21/02/2017 - 11:58

      Thank you, this is very helpful information and exactly what i needed.

  • stratbargain on 20/02/2017 - 17:37
    +8

    Get insurance on your car.

  • BenK-Oz on 20/02/2017 - 17:46
    +2

    get a lawyer who specialises in traffic accident, they will do the claim for you and charge their fee to the other party.
    I did this once instead of using my insurer to get a cash settlement + my insurer at the time (budget direct) would of put up my premium even though i was not at fault

    • Cheap Charlie on 20/02/2017 - 18:04
      +1

      Can you expand on the particulars?
      I am interested as to who would pay your legal fees unless forced to do so in a judgement?

      • BenK-Oz on 20/02/2017 - 18:09
        +2

        I got rear ended, the lawyer got me to get quotes for repair, then submitted to other parties insurance for my repair cost plus their fee.
        Insurance paid them, they paid me.

        • Justinism on 21/02/2017 - 12:00

          it would be ideal, but im wondering if this is applicable to any and all cases. because as far as i can read into the law, the AF driver is liable to pay for repair costs and costs incidental to get the car repaired, i.e. towing.

          Legal fees isnt usually part of it. but i may seek advise if it comes to that. they are a real pain. thank you beserkk

        • Cheap Charlie on 21/02/2017 - 13:05
          +1

          @Justinism:
          Whilst the above seems like an easy option on paper, as you note your legal expenses may not be covered.
          The way I see it, you should be able to get the desired end result via the letter of demand followed by a hearing in the small claims court should it come to that.

        • Justinism on 21/02/2017 - 13:11

          @Cheap Charlie: yes, your original post was very helpful. i am planning my day out to do what you suggested actually. was just replying to beserkk

    • MeesusEff on 21/02/2017 - 13:04

      Hi berserkk, can you elaborate on the insurer putting premium up when not at fault bit. Last Friday, a car backed into mine at the train station and lucky I was nearby and ran back. I got his details but when I asked my insurance company if it would affect my premium they said 'cant say yes, cant say no, as it will show as you having had a claim on your file' which I thought was a bit of a rort since it wasnt even my fault! A lot of people say that the premium shouldnt be affected, but feels a bit unsettling when your own insurance company cant give you a straight answer..

      • BenK-Oz on 21/02/2017 - 22:35

        it depends on the insurance company, budget direct are known for putting your premium up
        basically if they ask you when signing up "have you had any accidents regardless of who was at fault in the last 5 years"
        they may be putting up your premium

  • Marcsie on 20/02/2017 - 20:04
    +4

    Another uninsured driver,when are they going to learn ? You just can't drive a car without insurance ? Sorry, no sympathy from me !

    • Justinism on 21/02/2017 - 12:01

      did not ask for sympathy.

    • Save 50 Cent on 21/02/2017 - 22:24

      He would have been in the same exact position if he had third party insurance. And to comprehensively insure a car worth less than $7k, does not often pay off imho.

  • Randxyz123 on 20/02/2017 - 20:15
    +7

    WHY? WHY ARE PEOPLE DRIVING WITH NO INSURANCE????

    The only option you have is to send a letter of demand (google the template) to the business (google the name for the address). Send it via registered mail with signature on delivery. Get a quote for your car to be repaired. Give them 14 days to respond. If no response , seek legal action.

    Police won't do anything. They stopped, exchanged details with you. Not their problem anymore.

    1. Which organisation do i turn to that can help me pursue a claim since i have no insurer.

    VCAT? or equivalent in your state….

    1. What else can i do to sort this out amicably when faced with such resistance?

    Buy insurance next time.

    1. I am feeling annoyed at this point, patience or legal hammer? What can i do to bring the rain?

    See above letter of demand with threat of legal action.

    Before doing anything get a quote and if it is relatively cheap to fix then just fix it and move on. The amount of effort and cost required for court (day off work, possible lawyers etc) usually isn't worth it. It'll be you vs him.

    Good luck and buy some god damn insurance.

  • Ughhh on 20/02/2017 - 21:44

    What can i do to bring the rain?

    I'm guessing you told them or they know you don't have any insurance, hence they know you don't have any rain. until you proceed with court, they have nothing to fear.

    Your car would've been fixed already if you had comprehensive.

  • Aceboy884 on 20/02/2017 - 22:29
    +1

    Even third party insurance won't help you pursue a claim when other party is at fault

    They will help pursue if the other party uninsured

    It's frustrating really, but I once had the same problem. Went to the local police station and they rang the person and got their details.

    Found out the other party was not insured and my insurance company did the rest.

    My advice to anyone out there who only have third party insurance is to

    1. Take down photo of front and back driver license,
    2. Get withness details if possible
    3. Draw a road diagram of the inicidenf and get both parties to sign the diagram

    This will save you headaches if the other part choose to dick move you down the track.

  • Aceboy884 on 20/02/2017 - 22:33

    If the number is a landline, try google it and see if you can find an address

    A hand written note maybe valid in court is the they can confirm the writing belong to the driver.

    Op, did you take photos of the damage on both cars?

    The fault is obvious, I think any law firm will consider taking this on if it's an easy win

    • Justinism on 21/02/2017 - 12:10

      It is a mobile number.
      I took a photo of the note with his license on top of it
      i did. i took point of impact of both vehicles.

  • picklewizard on 21/02/2017 - 12:04
    +1

    Before I realised I had uninsured cover on my 3PP policy, I engaged my local community legal center for advice. You might have one available; often they're available to anyone regardless of income. In my case, damage was , $2k so engaging a lawyer wouldn't have been cost effective.

    They took me through the process of what I'd have to do to take him to court; it's a bit complex but with the right advice, it's not expensive. You'll need to have evidence though - in my case, I had several witnesses and a police charge against the other driver (he was basically on a rampage!)

    Speak to your community legal center. Good luck!

    • Justinism on 21/02/2017 - 12:11

      oo, will do that. cheers

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