Hit by an uninsured driver

B76
Posts: 9
Joined: Tue May 08, 2018 4:12 pm

Re: Hit by an uninsured driver

Postby B76 » Tue Jul 17, 2018 11:53 pm

So as expected the driver ignored all emails, calls and texts. I even gave them a few extra days of trying to contact them after the deadline. I subsequently filed online in the Magistrates Court which costs $129. This amount is automatically added to your damage claim by the online system which is great.

I opted to serve the defendant in person. I left my dashcam running along with my phone camera as proof if required. All the conditions on how to legally serve are explained. The driver refused to answer and I could hear the tv on.

I came back again and met them as they were walking out to their car. Again dashcam etc running. As I served them they miraculously said they intended to pay half that day and another half at a stated future date. I just replied that was great, and that option (pay by instalments) was included in the paperwork.

Indeed a few days later the first amount appeared, however not exactly in accordance with the legal requirements (instalment plan must be presented through the court and approved by me now it's official) but hey, if they're paying, I'm not complaining.

Will know in the next few weeks if the second half gets paid with the legal fee. So far so good but it's taken time!

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10speedsemiracer
Posts: 1209
Joined: Sat Feb 11, 2017 7:38 pm
Location: Melbourne, in the suburbs, near some hills

Re: Hit by an uninsured driver

Postby 10speedsemiracer » Wed Jul 18, 2018 12:06 am

Good news, and yep, the process of formalizing your loss comes with the added benefit of making costs recoverable. Thankfully it's a bit easier in WA within their process.

Here's hoping that the rest of the $s turn up.
Mmm, SunTour

B76
Posts: 9
Joined: Tue May 08, 2018 4:12 pm

Re: Hit by an uninsured driver

Postby B76 » Sun Jul 29, 2018 8:12 pm

So I am ecieved notification from the court. The defendant will make the final
Payment in two instalments over the next two months which is great. The court also ruled in my favour by default as the defendant admitted liability.

All well in the end. In future I would take legal steps sooner if stonewalled and ensure your damage claim is justifiable just in case they choose to defend the action. (Ie I don't fancy my chances if Id gone with the full claim for the bike shop quotes)

Good luck to anyone else out there who goes through the same.

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10speedsemiracer
Posts: 1209
Joined: Sat Feb 11, 2017 7:38 pm
Location: Melbourne, in the suburbs, near some hills

Re: Hit by an uninsured driver

Postby 10speedsemiracer » Sun Jul 29, 2018 8:26 pm

B76 wrote:So I am ecieved notification from the court. The defendant will make the final
Payment in two instalments over the next two months which is great. The court also ruled in my favour by default as the defendant admitted liability.

All well in the end. In future I would take legal steps sooner if stonewalled and ensure your damage claim is justifiable just in case they choose to defend the action. (Ie I don't fancy my chances if Id gone with the full claim for the bike shop quotes)

Good luck to anyone else out there who goes through the same.


Good news and congratulations. Hope it all goes smoothly.
Mmm, SunTour

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