So what you are saying for B76 is to put a contract out on the little old lady. Bit harsh but it should work.bychosis wrote:It's probably easier to collect from the estate though.
Hit by an uninsured driver
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Re: Hit by an uninsured driver
Postby PA » Thu May 24, 2018 2:09 pm
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Re: Hit by an uninsured driver
Postby bychosis » Thu May 24, 2018 4:31 pm
oh no. I didn't SAY that.PA wrote:So what you are saying for B76 is to put a contract out on the little old lady. Bit harsh but it should work.bychosis wrote:It's probably easier to collect from the estate though.
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Re: Hit by an uninsured driver
Postby B76 » Thu May 24, 2018 7:10 pm
Cue the instant reply saying they would pay for the wheels only, as there is no proof that the frame is damaged. That is their “final offer or take them to court at your (my) cost”
This despite quotes from two bike shops, clearly visible frame damage, and the invitation to have my bike independently inspected by any repairer of the drivers choice, plus written copies and all contact details for verification of my quotes.
By the way this last email was from a third party, probably a family member but the tone was a definite change from our previously amicable exchanges. I have replied that that offer is not acceptable and I will seek a resolution through the court. It is a major headache as was suggested but it is absolute BS to consider walking away.
I have approached my professional union for a referral for a lawyer to help me get all the info I need and intend to file in the Magistrates court (without a lawyer present) hopefully the judge is reasonable. In the end, even if I end up with a payment plan its better than nothing or a pawltry sum for the wheels.
Will let you know how it all goes for future reference.
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Re: Hit by an uninsured driver
Postby 10speedsemiracer » Thu May 24, 2018 7:38 pm
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Re: Hit by an uninsured driver
Postby human909 » Thu May 24, 2018 9:22 pm
Magistrates court? Doesn't WA have a small claims tribunal for this sort of thing?B76 wrote:I have approached my professional union for a referral for a lawyer to help me get all the info I need and intend to file in the Magistrates court
Oh, yes its part of the court....
http://www.magistratescourt.wa.gov.au/_ ... heet_3.pdf
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Re: Hit by an uninsured driver
Postby Jmuzz » Thu May 24, 2018 10:07 pm
It is good that you have correspondence of them being obnoxious, there goes their sympathy card.
The usual process is to serve your letter of demand by registered post with signature of delivery. Include professional quotes.
When ignored or refused you lodge for court.
It is possible to do it by letter only, but better to be there in person. Only reason for other party to turn up is really just to play for sympathy though won't do much good.
All court is being asked to establish its that your claimed damages are genuine, which just comes down to reputable quotes.
They will award what you are asking, but enforcement may be a second day in court where they will hear her plea for a payment plan and give it to her.
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Re: Hit by an uninsured driver
Postby 10speedsemiracer » Thu May 24, 2018 11:00 pm
Enforcement orders vary by location but things like Attachment of earnings requires a hearing. Not a viable option in this case. Defendant not working and too problematic attaching pensions/benefits (have always advised against).
Best scenario is defendant receives notification of pending hearing, realizes urgency of matterr, and pays OP.
Some debtors need more motivation than others.
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Re: Hit by an uninsured driver
Postby fat and old » Fri May 25, 2018 7:12 am
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Re: Hit by an uninsured driver
Postby hunch » Fri May 25, 2018 7:35 am
I do remember a mate telling of an apprentice mechanic back in the 70s who was studying at Tafe with him, near destroying a Bentley in his uninsured heap....and his payment plan was around a dollar a week. Wouldn't expect a magistrate to impose much of a hardship on a pensioner either, unless they're a self-funded retiree, so you might have to be pretty patient.
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Re: Hit by an uninsured driver
Postby find_bruce » Fri May 25, 2018 7:50 am
Road rules & negligence are not the same thing. Even if you are lying in the middle of a road, passed out drunk, a driver is still required to try to avoid running over youfat and old wrote:Do the legalities of the incident matter here? Should the OP make sure there's some record of her causing this through an illegal activity?
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Re: Hit by an uninsured driver
Postby Strawburger » Fri May 25, 2018 8:55 pm
Yes.B76 wrote:
To make matters worse the driver is uninsured. )
. Does anyone have any experience with this?
.
Call in the (free) lawyers if they don't agree. Go to court if they don't pay. They will send the the sherif if they can't pay and repossess goods. Be prepared to get nothing back.
I had that, it's not nice. You also get to see their financial situation, some things you don't want to see... I saw how much the person was getting in welfare, and how much assets that they "didn't" own. They can afford a car, but not be able to pay a debt that they are liable for.
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Re: Hit by an uninsured driver
Postby 10speedsemiracer » Fri May 25, 2018 9:16 pm
Welcome to the wonderful world of debt recovery. ....after a while it can cause a person to become jaded (at best) or an anti-social racist (at worst).Strawburger wrote:Yes.B76 wrote:
To make matters worse the driver is uninsured. )
. Does anyone have any experience with this?
.
Call in the (free) lawyers if they don't agree. Go to court if they don't pay. They will send the the sherif if they can't pay and repossess goods. Be prepared to get nothing back.
I had that, it's not nice. You also get to see their financial situation, some things you don't want to see... I saw how much the person was getting in welfare, and how much assets that they "didn't" own. They can afford a car, but not be able to pay a debt that they are liable for.
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Re: Hit by an uninsured driver
Postby Nate » Tue May 29, 2018 1:09 pm
Dont over do it on research! I wasted so much of my life doing this.
Its a simple, clear facts based assessment they're looking to do:
- did the accident happen?
- who was at fault?
- proof of costs
and they'll decide from there.
Its very low key & informal, they just look at evidence & make orders - no back & forth stuff.
Be VERY careful when serving the other person!!!
Do NOT use the courts registered post - my guy just claimed he didnt get the registered mail & the courts keep no evidence. Either use a sheriff ($80 & i also saw that it was thrown out when invalid), or serve the person yourself - use a video camera to record as proof.
Do you have any record of phone conversations & agreements between you & the oldie? If not, diary entries, notes about contact & what was said.
repairs/quotes - how much time did you spend doing this? whats your hourly rate at work? distance traveled? (wear & tear on your car - use the ATO calculator), alternative transport without bike... add it ALL
Include ABSOLUTELY everything, every second of your time & effort & costs.
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Re: Hit by an uninsured driver
Postby B76 » Mon Jun 04, 2018 1:40 am
The damage is now confirmed by a carbon fibre repairer and they are doing a quote for repair including paint. Once I have the full costs I will send a new letter of demand with paperwork and follow up with legal action as required. No more discounted settlement on offer from my end now however.
Really, really pissed that I have to go to all this trouble and am without a commuter for so long.
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Re: Hit by an uninsured driver
Postby Ross » Mon Jun 04, 2018 6:22 am
I never received a phone call from her so the next day I went and reported the crash to the cops (without the bit about changing drivers). I then sent her a couple of letters of demand after getting 3 quotes from smash repairers and photographing the damage to my car and the accident site, as she didn't reply or disputed the claim (I think my claim was around $1500) .
Ended up going to small claims and she rocks up with a solicitor in tow, I can't afford and didn't think I needed one as I thought it was clear cut that she had failed to give way when pulling out of a driveway. They had nothing prepared, no details of the crash, no damage quotes for their vehicle, basically nothing. As I mentioned, I had 3 quotes for the damage, photos of the damage and the crash site and mentoned that she was leaving the smash repair business after getting a quote for damage to her/boyfriend's car for the previous accident she had. Long story short, the magistrate ruled that we should just pay our own costs, case dismissed.
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Re: Hit by an uninsured driver
Postby Ross » Mon Jun 04, 2018 6:31 am
If say the total costs to you for wheels and frame was say $1000 then the magistrate can award a lower figure (supposing you win...see my previous post) which may only be the cost of the wheels anyway.
And then, as somebody previously mentioned, they can elect to go on a payment plan of a few dollars a week. Then they might decide to stop paying and then you will have to go to court again and have another payment plan made that, again, they may or may not stick with.
Very unlikely the courts will take money from their wages or seize property to sell.
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Re: Hit by an uninsured driver
Postby 10speedsemiracer » Mon Jun 04, 2018 2:22 pm
WA has a slightly different process, compared to other states and Instalment Orders and Warrants etc. The Minor Case Claim format in WA is more similar to things like Small Claims Tribunal or VCAT, except administered by a proper Court and Magistrate, not a Tribunal and Referee.Ross wrote:You may be better off to take the money offered for the wheels rather than go to court to try and recover money for the frame as well.
If say the total costs to you for wheels and frame was say $1000 then the magistrate can award a lower figure (supposing you win...see my previous post) which may only be the cost of the wheels anyway.
And then, as somebody previously mentioned, they can elect to go on a payment plan of a few dollars a week. Then they might decide to stop paying and then you will have to go to court again and have another payment plan made that, again, they may or may not stick with.
Very unlikely the courts will take money from their wages or seize property to sell.
For the defendant to receive an Instalment Order (or the WA equivalent) they will need to appear and I doubt very much that they/she will. This process at least gives OP a formalized recognition of her loss, and an instrument that is then enforceable, either by Warrant or whatever. Right now OP has nothing.
Total cost of the process (in WA) appears to be less than $300 or so. If OP is facing a $2k+ loss, which is my understanding, then it's worth proceeding. Likely that costs will be awarded in any case, so will form part of the ongoing debt.
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Re: Hit by an uninsured driver
Postby B76 » Mon Jun 25, 2018 12:53 am
Have now sent the invoice (which I have paid already) to the lady for reconsideration. If they again refuse I will proceed with the legal bits.
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Re: Hit by an uninsured driver
Postby ColinOldnCranky » Mon Jun 25, 2018 10:18 am
Are you sure on that?Thoglette wrote:PA wrote: Registration barely covers it's own costs, as such it is not a revenue raiser for the g'vt.
I ask because on a number of occasions WA governments have tried to move MVIT excess funds to Consolidated Revenue Fund on the basis that the reserves were on excess of any reasonably expected jump in third party claims. Charlie Court tried to do it several decades ago and I recall at least once in more recent times another WA state government tried to do the same. (They may even have been successful though I don't know.) And I don't think any WA government has reduced premiums arising out of those excesses, they just keep collecting them.
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Re: Hit by an uninsured driver
Postby Jmuzz » Mon Jun 25, 2018 10:46 am
The NSW privatised CTP is the same, they were collecting higher premiums than they were paying out and claiming it is a buffer for future payouts.
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Re: Hit by an uninsured driver
Postby 10speedsemiracer » Mon Jun 25, 2018 11:57 am
Good news that it was repairable. Hope the other party ponies up some $s. Good luck.B76 wrote:So, I have the bike back from the repairers. Thankfully due to no major structural damage the frame was repaired and wheels replaced for a very palatable $1,300 odd.
Have now sent the invoice (which I have paid already) to the lady for reconsideration. If they again refuse I will proceed with the legal bits.
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Re: Hit by an uninsured driver
Postby HenryCharlie » Mon Jun 25, 2018 12:57 pm
Hopefully they cough up the money soon for you.B76 wrote:So, I have the bike back from the repairers. Thankfully due to no major structural damage the frame was repaired and wheels replaced for a very palatable $1,300 odd.
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Re: Hit by an uninsured driver
Postby ColinOldnCranky » Mon Jun 25, 2018 9:55 pm
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Re: Hit by an uninsured driver
Postby B76 » Tue Jun 26, 2018 3:35 pm
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Re: Hit by an uninsured driver
Postby ColinOldnCranky » Tue Jun 26, 2018 9:30 pm
Good. Always something to do, even if a cop tries to talk you out of it.B76 wrote:G’day Colin, the accident was reported to police by me. I can only assume the driver did the same as there was injury involved albeit minor, and the total damage for car and bike is now probably right around the $3k mark, if not less.
And if she did NOT report it, it usually enhances your position (so I understand).
Good luck.
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