9 Months to Get Damages Fixed! Wants 2k, Do I Need to Pay?

ih8un on 22/11/2019 - 16:34
Last edited 22/11/2019 - 21:30

Hi,

So, in July last year (2018), my sister was involved in a very minor car accident at low speed while reversing out of a carpark spot. Her vehicle was not damaged and she didn't notice any major damages on the other vehicle, either ( https://imgur.com/a/dX3Buyp ). They exchanged details and that was the end of it.

Fast forward to November this year (2019) she received a letter from a law firm seeking payment for the repair bill of the driver she hit. According to all the invoices the driver got their car repaired in April this year (2019) almost 9 months after the accident. The damages are for the front bumper and headlights etc for about 2k.

I'm not sure who exactly was at fault, but my sister thinks it was most likely her own fault. However, the fact that the other driver has decided to get their car repaired more than 9 months later is a bit suss to me. Surely there's a statute of limitations or something in these instances.

If anyone has any experience or knowledge of the law, I'd really appreciate your comments.

Thanks :)

Update:

So, I had a look at the emails properly. It's not a lawfirm but a company called Waterman Receivables Management. Apparently they're acting on behalf of the insurance company. I've been on their website and they have no licence number, so I don't believe they're a debt collection agency but they're almost passing off as one. I'm definitely suss about the whole thing, I don't know if we should seek further information from them or just ignore any correspondence from them.

Automotive

Comments

  • Hybroid on 22/11/2019 - 16:36
    +2

    Shouldn't really be getting legal advice from any online forum but the first question I would ask is where was culpability defined/agreed to? Are insurance involved at all? Police report (unlikely)? How do they prove the damage was your sister and they didn't hit a kangaroo a month before the repair?

  • geek001 on 22/11/2019 - 16:37
    -6

    Where was the accident? If it was a private carpark, she might be able to wiggle out of it.

    • pegaxs on 22/11/2019 - 18:36

      lol… yeah, that’s not how it works. Unless you are referring to Diplomatic Immunity.

      • geek001 on 22/11/2019 - 21:24
        -3

        Well, when you have an accident on private property, the situation becomes sketchy at best to determine who is "at fault". There is no "right of way". The one at fault is the one who hits the stationary vehicle, it doesn't matter who is reversing and who is not.

        I guess my advice is not wanted judging my the number of downvotes. I will move along now. :)

        • pegaxs on 23/11/2019 - 09:11

          Well, when you have an accident on private property,

          It doesn't change anything. If you damage someone else's property, you are still liable to make good on the repairs to the damage, regardless of where you are. Crossing from "public space" and onto "private property" doesn't all of a sudden invoke a completely different set of laws.

          the situation becomes sketchy at best to determine who is "at fault".

          No it doesn't. Fault is determined the same way as it would be anywhere else, either though one party admitting liability, evidence, such as photos or CCTV/dash cam or though witness statements.

          There is no "right of way".

          The only correct thing you have said so far. There is only the "obligation to give way" under the Australian Road Rules (which incidentally, can extend to private property, including shopping centre car parks.)

          The one at fault is the one who hits the stationary vehicle

          There is no blanket law that says "stationary cars are not at fault." So, If I pull out into the path of a travelling car, providing I can get mine stopped before theirs, I am not at fault?

          it doesn't matter who is reversing and who is not.

          You just said that it "does matter" who was stationary and who isn't. Ergo, it MUST matter who was reversing and who wasn't. Make your mind up.

          I guess my advice is not wanted

          Your advice isn't wanted because it is misinformation. Added to that, it's the second reply to OP and your information is erroneous at best. If it was buried at the bottom of page two, most wouldn't care.

          Your reply needs to be downvoted so that some person looking for advice doesn't stumble into this thread and see your answer as the second reply and think that they have a "get out of jail free card" because it happened in a shopping centre car park.

  • DashCam AKA Rolts on 22/11/2019 - 16:40
    +3

    Agree with @Hybroid, where is the evidence it was the original damage sustained from the car park incident. The time gap seems very suspicious.
    Are there any photos of the damage taken by the repair company for the insurance claim, invoices for the repair work etc?

  • ozhunter on 22/11/2019 - 16:47

    Surely there's a statute of limitations or something in these instances.

    https://www.finder.com.au/how-long-to-file-a-car-accident-cl…

  • 87percent on 22/11/2019 - 17:04
    +1

    First of all, google the actual law firm

    Secondly, I’m going to go out on a limb and guess your sister has 3rd party, speak to your insurance company

    • Eeples on 22/11/2019 - 17:52

      *3rd party property

  • JimmyF on 22/11/2019 - 17:50
    +1

    I'm not sure who exactly was at fault, but my sister thinks it was most likely her own fault.

    The reversing party has to give way, so your sister is in the wrong.

    seeking payment for the repair bill of the driver she hit.

    Have you sister pass the bill over to her insurance company, they'll pay it once she pays her excess.

    If her excess is more than the $2k bill, then just pay the bill direct and move on.

  • crentist on 22/11/2019 - 18:01

    Just call your insurance and let them handle this. This is what they are for. Send them the photos too, and tell them you think the repair is inflated.
    They probably won't care because it's a hassle, but if your excess is high it might be worth telling them you don't agree with the costs and think you should be paying less.
    They still might not care, but if you're lucky they'll accept a lower excess from you to avoid hassle.

    I once had a driver file 6 months after an accident, but I was called by their insurance. It wasn't very high (maybe $600), and my insurance wasn't going to get involved (had gone over annual km limit), but I still thought the repairs they described were excessive and offered their insurance co $200, and that's all I paid.

  • GangGang on 22/11/2019 - 18:15

    High chance they don't have insurance if they're trying to collect money through a law firm, which I don't believe is real. Sister should contact her insurance and go from there.

  • whooah1979 on 22/11/2019 - 18:16

    a letter from a law firm seeking payment for the repair bill of the driver

    Isn’t this a bit unusual? It is normally the insurer that does this. Does the letterhead look authentic?

  • Seraphin7 on 22/11/2019 - 18:42

    Reversing = at fault.

    Have your sister raise a claim with her insurance company and have them deal with it. That's what the insurance is there for.

  • SlavOz on 22/11/2019 - 18:45
    +2

    Yeah, doesn't sound right. The law firm is probably a friend of the other driver. Otherwise they shouldn't be sending letters of demand without evidence or prior agreements.

    Send a letter back asking for evidence that the damage was from your sisters car. To show them you're serious, copy and paste their garbage warning about having to respond within 14 days of this letter bla bla bla. You'd be surprised how quickly they'll stop trying to fool you when they realise you're not scared.

  • HardlyCharly on 22/11/2019 - 19:03
    -2

    Definitely sketchy.

  • [Deactivated] on 22/11/2019 - 19:41
    -7

    Pay up tight arses.

  • Euphemistic on 22/11/2019 - 19:49

    Why did they replace headlights if there appears to be no damage? To me that sounds suss, like they had another incident and thought they’d get it fixed under someone else’s coin. Of course I’m only going off one dark photo of a small portion of the bumper and there may be concealed damage.

  • toniyellow on 22/11/2019 - 20:16

    The limit for them to pursue you for damages is 6 years in most states, 2 years in the rest

    If you disagree you can dispute it, but it is on you to prove they are being unreasonable

    https://mva.financialrights.org.au/dtop/i-dont-agree-with-th…

  • chesser on 22/11/2019 - 21:38
    +1

    The same thing happened to a good friend of mine.
    they won and paid nothing using the idea of whey such a delay.

    I could guess that the damage was done in a later crash.

    where they couldn't get damages.

  • AdamFury on 22/11/2019 - 22:09
    +4

    Sounds like they had another accident and then decided to chase it from the earlier crash…

    • [Deactivated] on 24/11/2019 - 10:33

      My thoughts exactly!

    • SJDR on 02/12/2019 - 16:56
      +3

      That's almost certainly what they are doing.

      If headlights are damaged you'd get it repaired asap.

      Draw a big cock n balls on the letter and send it back.

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