Hit and Run - Have Number Plate, Police Will Not Pursue Further. Opinions?

LTravelHungry on 28/02/2019 - 19:51

My car was parked on a side street as I went to work. When I returned at the end of the day, I found a big dent and scratch on the side of my car. There was a note on my windscreen from someone reporting they had witnessed a truck driving into my car and driving off. The person had left their number for me to call, and had said they witnessed the hit and run and had photos of the offending truck.
I was then sent these photos and followed up with reporting this to the police later that day. Once a report was filed I was told they would follow up and then get back to me. The officer called me a few days later and gave me the details of the driver and the company of the vehicle, he then said that the police no longer have a role in this case and it is between me and the driver.
When I called the driver he denied that it was him but informed me that the company was going to make a claim with their insurance. He agreed to pass on my details to the company and he would send me the claim number of the insurance company. However, he never got back to me. Instead of calling the driver again and having another argument, I called the company directly with the number the police gave me. The person who answered reported that it had been sorted, however when I asked him about an insurance claim number he said this had not been done by the company and the driver had said to him that he had resolved the issue. After asking for further information, he hung up on me.

Now the police are saying they will not act on this further. What I don't understand is, this is a hit and run, do they not get fined for leaving a scene of an accident? I have photos of the number plate and the vehicle itself hitting the car.

Is this a loophole that companies can use to get out of paying for damages?

I have third party insurance and therefore cannot make a claim myself.

Just looking to get opinions on what you guys think of the situation and if I can do anything further.

TLDR:
Truck hit my car and drove off. Have photos of the number plate. Police will not pursue this further. I don't have full comprehensive.

Automotive

Comments

  • conservative on 28/02/2019 - 20:14
    +28

    I have third party insurance and therefore cannot make a claim myself.

    And that's where we end this thread.

  • [Deactivated] on 28/02/2019 - 20:14
    +12

    The officer called me a few days later and gave me the details of the driver and the company of the vehicle, he then said that the police no longer have a role in this case and it is between me and the driver.

    The police is not your insurer and does not act on your behalf to seek compensation.

    …I don't understand is, this is a hit and run, do they not get fined…

    They may have got a fine but you're not entitled to knowing if they did nor does the fine revenue go to you. As far as you're concerned, you are no longer relevant in the hit and run.

    I don't have full comprehensive.

    Therefore you do not have anyone representing you.

    …if I can do anything further.

    Send a letter of demand to truck company. If/when they ignore it, get a solicitor to send the letter again. If that fails, you may have to take it to court.

    If you lose or do not get the win you're looking for, you may still be out of pocket or waste a lot of time. Most likely both.

  • bobbieb on 28/02/2019 - 20:16
    +2

    The police may have already done everything necessary…. eg. demerit points against driver, etc. Whether they're obliged, or even allowed, to give you much detail, may be limited by privacy laws.

    In terms of having your car fixed, that isn't really something the police will get involved in.

    Normally, you'd have enough (police report, driver & owners' details) to sic your insurance company on them, but since you don't have insurance, you will have to do the leg-work yourself. Without the other party's insurance details, you'll likely to need to go the letter of demand route.

  • whooah1979 on 28/02/2019 - 20:18
    +3

    he then said that the police no longer have a role in this case and it is between me and the driver.

    The other driver has now been identified. It's now up both parties to work out an agreement for settlement.

  • Marcsie on 28/02/2019 - 20:19
    +3

    That’s why we should have comprehensive car insurance :)

  • JimmyF on 28/02/2019 - 20:34
    +3

    Truck hit my car and drove off. Have photos of the number plate. Police will not pursue this further. I don't have full comprehensive.

    Well thats a shame…. Many many many threads on this always and your path forward.

    Hint its not easy nor pretty nor fast. Which is why you always get full comp, let them deal with it.

  • cloudy on 28/02/2019 - 20:46
    +7

    Ask some no win no fee lawyers, if it’s easy they will take it. If they don’t take it, it’s not easy

  • toniyellow on 28/02/2019 - 20:46

    If the police did fine them the money would not go to you anyway so it makes no difference to you if they were fined or not.

    You have to pursue them for the money to repair your car. Start with a letter of demand.
    https://mva.financialrights.org.au/dtop/what-is-your-situati…

  • crentist on 28/02/2019 - 21:21
    +1

    The police get even more useless than this. A while back my friend was in a minor accident (other guys fault), the other driver got mad and shoved them, then drove off without exchanging info. License photos were given to the police so they could track down the driver, who they said might have been on a suspended license or something. Statements were taken from my friend and a couple of witnesses and the cops made it sound like they knew the guy and had enough to go after him on their own, and were taking it very seriously because it was a serious driving offence and assault

    Few weeks later my friend gets called and ask if they could send the photos again, and another statement, and asked if they had details of the witnesses so they could get their statements too. Because the cops had lost it all. They weren't apologetic, didn't seem to care, and gave my friend some bad attitude when he asked what happened to everything that had provided on the day, and what happens if they can't find the witnesses

    Ended up just not seeming worth pursuing at all because the cops clearly didn't care and the financial consequences of the accident were pretty small

  • Hardlyworkin on 28/02/2019 - 22:03
    +1

    If you're not going to pursue it via the courts, does the company have a Facebook page or are they well known? Rather than just having someone hang up on you, many options in following up with them.

  • Diji1 on 28/02/2019 - 22:10

    Presumably you'd have enough to win in civil court if the witness is happy to testify. Before it gets to court you will get together with the defendants solicitors and attempt to resolve it in mediation which is usually preferred by both parties rather than having a judge decide the merits of the case.

  • Tech5 on 01/03/2019 - 03:07
    +1

    If you do not have comprehensive insurance, you will need to pursue the matter yourself through the court system

  • abobo on 01/03/2019 - 06:10
    +5

    Get a quote for the repair, send a letter of demand and if they dont respond, file a claim in the small claims court (assuming repair is less than $10K).
    You can file the claim without using a lawyer.

  • original15 on 01/03/2019 - 06:42

    Just out of interest, how do you have photos of it hitting the car? I know someone left a note on your car, did they have dash cam footage, or just taking happy snaps at the perfect time? Can you share some of the pics?

  • pantsparty on 01/03/2019 - 07:28
    +3

    Lesson learned, buy comprehensive insurance. Next!

  • nith265 on 01/03/2019 - 13:33
    +2

    To continue on with what others have said, you don’t need the police to give them a ticket to trigger them being liable and paying you for the damage.

    It’s only an offence if the truck driver to knowingly hit your car and kept driving. I’m sure they did know but even with a witness perhaps it’s difficult for the police to prove it if the truck driver denies it. No one was hurt, the damage sounds relatively minor and it’s not worth their while to follow up.

    If they did issue a ticket/summons it would be advantageous to your claim for damages - it’s never good for the other party if police are taking action. It would however remain a separate matter to yours and even if they did issue a ticket it wouldn’t prove their negligence either.

    …informed me that the company was going to make a claim with their insurance

    Well the other company can’t do anything until you tell them what you want – the onus is on you to start the process. They need to receive a “Letter of Demand”, if you had comprehensive insurance this would come from your insurer. Write one yourself or engage a solicitor to do it. Get your witness to write a affidavit or statutory declaration if possible as everything hinges on this. Send it all in with tracking to confirm they get it.

    Many (many) years ago I was in a similar situation to yours with only 3rd party. At the time my insurance company offered an additional in-house service for maybe $300 that offered to give very basic legal advice, write a letter of demand, send it using their letterhead and make it seem as if they were following up on my behalf as if I did have comprehensive insurance. The $300 was added on to the cost of vehicle damage.

    At the time it was called “Cost Recovery Service” or something but I cant find any mention of it these days – you could ask your insurer if they could offer any help or advice I guess.

    • Lexan on 01/03/2019 - 19:53

      Yes. Cost recovery service.
      are you based in Melbourne. Try calling Spot On. They might able to help you out.

    • nith265 on 03/03/2019 - 09:25

      Not quite the service I used and was describing above but these guys seem to be targeting OP's exact situation

      http://www.aandi.com.au

      No experience with them, they just came up after a search

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