Hit and run - legal advice
04-15-2007, 03:30 AM
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Hit and run - legal advice
I parked my car on my street in the morning and woke up to find someone had smashed into my rear right corner. The bumper is gone, the quarter panel hopefully isn't damaged, but the trunk doesn't sit flush anymore and the exhaust is bent.
At first I couldn't find who did it but my neighbours witnessed it and I tracked down the guy who happened to live on my street.
After a lot of swearing I finally calmed down and he admitted it was his fault and that he 'planned' to leave a note on my car. (Bullsh*t) but i didn't care, just wanted my car fixed.
Anyway, so now I have got his details but he is here on a temp visa, doesn't have an Australian licence, has foreign passport details and the car was a rent vehicle from a shady rental joint run by his mates.
Either way, the insurance company said they'd fix it up but I'm concerned he will just skip the country before paying the excess.
Is there anything I can do to protect myself?
At first I couldn't find who did it but my neighbours witnessed it and I tracked down the guy who happened to live on my street.
After a lot of swearing I finally calmed down and he admitted it was his fault and that he 'planned' to leave a note on my car. (Bullsh*t) but i didn't care, just wanted my car fixed.
Anyway, so now I have got his details but he is here on a temp visa, doesn't have an Australian licence, has foreign passport details and the car was a rent vehicle from a shady rental joint run by his mates.
Either way, the insurance company said they'd fix it up but I'm concerned he will just skip the country before paying the excess.
Is there anything I can do to protect myself?
04-15-2007, 03:58 AM
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Originally Posted by mogley
Anyway, so now I have got his details but he is here on a temp visa, doesn't have an Australian licence, has foreign passport details and the car was a rent vehicle from a shady rental joint run by his mates.
You crack me up, young mogley!!!
04-15-2007, 04:07 AM
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me thoughts you was a 'part time lawyer' mogley?
https://www.rx8club.com/showpost.php...93&postcount=1
https://www.rx8club.com/showpost.php...93&postcount=1
Last edited by MissyK; 04-15-2007 at 04:12 AM.
04-15-2007, 04:17 AM
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It's so simple
As far as I can see you have his details. So claim on your insurance and let them sort it for you.....nice and easy....
Nothing much else to it really....
I agree with Gomez tho you seem to get all the good things!
Nothing much else to it really....
I agree with Gomez tho you seem to get all the good things!
04-15-2007, 05:17 PM
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Well i am but i'm still a student.
A lazy one at that.
And criminal law was boring.
Anyway, I did go down to the cop shop but unless its a really serious accident etc etc I don't think they care too much.
A lazy one at that.
And criminal law was boring.
Anyway, I did go down to the cop shop but unless its a really serious accident etc etc I don't think they care too much.
04-15-2007, 07:23 PM
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Fair enough.
I'd get insurance onto it also. It worked for dads accident few months ago. Although was different scenario, however the others were trying to pin it onto my dad and say accident was his fault, dad called the police to the scene, long story short, dad didnt pay a cent and insurance doesnt wanna cover the others lol Just let insurance hassal them, like Drew said. We pay enough premiums..
I'd get insurance onto it also. It worked for dads accident few months ago. Although was different scenario, however the others were trying to pin it onto my dad and say accident was his fault, dad called the police to the scene, long story short, dad didnt pay a cent and insurance doesnt wanna cover the others lol Just let insurance hassal them, like Drew said. We pay enough premiums..
04-15-2007, 07:55 PM
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Originally Posted by thisllub
I would have reported it to the police.
Failure to stop is a serious offence.
Failure to stop is a serious offence.
Technically its not since the driver of the other motor vehicle has exchanged details now
04-16-2007, 12:32 AM
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Its a "Not at fault" incident as far as I can tell. The fact that the insurance company cant locate him in the country is a different issue. But thats my idealistic point of view 
04-16-2007, 02:05 AM
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Ask your insurer to recover your excess when they recover the cost of the damage from him.
If they don't/can't, your worst case is that you have to pay the excess.
You could sue him direct for the excess in the small claims division of the local court but I doubt it's worth the effort. If the insurer can't recover, you won't be able to either.
If they don't/can't, your worst case is that you have to pay the excess.
You could sue him direct for the excess in the small claims division of the local court but I doubt it's worth the effort. If the insurer can't recover, you won't be able to either.
04-16-2007, 02:28 AM
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Originally Posted by DrewMan
Technically its not since the driver of the other motor vehicle has exchanged details now
04-16-2007, 04:12 AM
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Thanks guys.
After a day of arguing and a million phone calls I was informed by my insurer (Just Cars) that as long as they can identify the party at fault they will repair my car at no cost and if they cannot reclaim from the party at fault, they will absorb it as a loss on their part without asking me for the excess.
The guy also asked for his passport back because he needs to travel to Brisbane (why do you even need a passport?) but in return i asked for a $1500 bond which he gave to me in good faith which I will return to him once my car has been fixed.
Could get real ugly but i've learnt a lot (including mastery of the f word in all its glorious usage)
Cheers
After a day of arguing and a million phone calls I was informed by my insurer (Just Cars) that as long as they can identify the party at fault they will repair my car at no cost and if they cannot reclaim from the party at fault, they will absorb it as a loss on their part without asking me for the excess.
The guy also asked for his passport back because he needs to travel to Brisbane (why do you even need a passport?) but in return i asked for a $1500 bond which he gave to me in good faith which I will return to him once my car has been fixed.
Could get real ugly but i've learnt a lot (including mastery of the f word in all its glorious usage)
Cheers
04-16-2007, 04:24 AM
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Hmmmmmm.........
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Glad to hear its going well. I would be asking Just Cars if they will be affecting your No Claim Bonus/Discount or rating. Also, can I ask how you ended up with his passport?
Cheers
Andrew
Cheers
Andrew
04-17-2007, 02:29 AM
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Originally Posted by mogley
Well that was the only identification he had.
I told him I will hold onto his passport since I think he might skip the country and he agreed.
I told him I will hold onto his passport since I think he might skip the country and he agreed.
wow just like a bail condition!
04-18-2007, 03:49 AM
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Originally Posted by Gibbo
After the full body search he was glad just to get out of there. 
was that a full body search or a full cavity search?
04-18-2007, 10:30 PM
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Too much info.
Sounds like he's prepared to play ball. Maybe he's **** scared of being thrown out of the country. Thought of that?...
I think you'll end up not being out of pocket from what you're saying.
Sounds like he's prepared to play ball. Maybe he's **** scared of being thrown out of the country. Thought of that?...
I think you'll end up not being out of pocket from what you're saying.
04-19-2007, 09:07 AM
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Well it looks like its panning out without too much drama.
But the power is intoxicating....
"What you want me to do YOU a favour?! How about you give ME $1500 and I give you your passport back"
"Ok ok"
*Hmm too easy....like stealing candy from a baby*
*Twiddles fingers....Evil laugh*
But the power is intoxicating....
"What you want me to do YOU a favour?! How about you give ME $1500 and I give you your passport back"
"Ok ok"
*Hmm too easy....like stealing candy from a baby*
*Twiddles fingers....Evil laugh*
04-21-2007, 03:52 PM
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Originally Posted by mogley
Well it looks like its panning out without too much drama.
But the power is intoxicating....
"What you want me to do YOU a favour?! How about you give ME $1500 and I give you your passport back"
"Ok ok"
*Hmm too easy....like stealing candy from a baby*
*Twiddles fingers....Evil laugh*
But the power is intoxicating....
"What you want me to do YOU a favour?! How about you give ME $1500 and I give you your passport back"
"Ok ok"
*Hmm too easy....like stealing candy from a baby*
*Twiddles fingers....Evil laugh*
Thats borderline blackmail! You sound like a pimp who steals the prostitutes passports and they have to work for him in order to buy it back from him!
Actually that IS blackmail!
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