Cars & Motorbikes Minor car accident

Discussion in 'Living Room' started by geoffw, 1st Mar, 2017.

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  1. geoffw

    geoffw Moderator Staff Member

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    My wife was recently in a small ding in a car park. She had reversed out, and had started to move forward. She saw another car reversing at her. She beeped her horn, but the guy hit the side of her car. It broke the window winding mechanism so the car is not secure. This is the Holden Astra I posted about a while back- this incident has considerably delayed the time taken to get the car sold, and we will be going overseas at the end of the month, for two months- so the total delay will be considerable, costing us much more than the original damage. The car was at the motor vehicle registry when the incident happened in January.

    The guy was belligerent and was trying to bully my wife into saying that the fault was not his. I was there but I didn't see it- I heard the car horn and the bang, and I saw the position of the car. There was a witness who backs up my wife, and who is willing to provide a statement.

    Our car has CTP only. The damage is only about $300.

    Now the guy is refusing to pay- and I'm not sure if there's anything we can do.

    The police will not get involved as there was no personal injury and minor damage.

    If he had insurance, the excess wouldn't even be covered. He would have to initiate any action anyway.

    We can take it to small claims court. That could cost us more than the amount claimed- and if we lose we risk losing that. It all depends on who is considered to be at fault, and whether there was "contributory negligence" on my wife's part.

    I'm a little emotionally involved because of the way this guy bullied my wife at the scene (he only withdrew when myself and another witness came forward; the other witness has stated he is very happy to provide a statement because of the horrible way this guy treated my wife). He has also treated her in a similar way in subsequent phone calls.

    He doesn't yet realise that one of the two witnesses is her husband.
     
    geoffw, 1st Mar, 2017
    #1
  2. Tonibell

    Tonibell Well-Known Member

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    Judge Judy ?
     
    Tonibell, 1st Mar, 2017
    #2
  3. Dan Donoghue

    Dan Donoghue Well-Known Member

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    It's only 300 bucks so easy enough to just pay. I would normally be worried that he would then turn round and try to get you to pay for his car but like you said you have an independent witness so he wouldn't win.

    Take the emotion out of it and ask yourself how much yours and your wife's time and energy is worth, it's a lot more than 300 bucks :).
     
    Dan Donoghue, 1st Mar, 2017
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  4. Phase2

    Phase2 Well-Known Member

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    I hate people like him... Did you get his details? Got a lawyer friend that can do you a freebie? Sometimes an official looking letter of demand with a legal firm's letterhead is enough incentive to make them pay up.

    Normally a letter like that would cost you $300... :rolleyes:
     
    Phase2, 1st Mar, 2017
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  5. geoffw

    geoffw Moderator Staff Member

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    If he was nice about it I may have considered just paying. But I really don't like people behaving like pigs, taking advantage of vulnerable people by virtue of being a male and then getting away with it.

    I have his details as well as the details of the witness. The witness has said that he's happy to provide a statement because of the horrible way he bullied my wife. But I don't have any lawyer friends.
     
    geoffw, 1st Mar, 2017
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  6. balwoges

    balwoges Well-Known Member

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    Pay it and move on ...
     
    balwoges, 1st Mar, 2017
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  7. DaveM

    DaveM Well-Known Member

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    It is the responsibility of the person reversing to give way to all vehicles and pedestrians so he was at fault. He sounds likes a typical blame everyone never my fault type.

    I would take it to small claims, just the process of taking him there will probably make him pay up.
     
    DaveM, 1st Mar, 2017
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  8. Scott No Mates

    Scott No Mates Well-Known Member

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    Bankrupt him for all he's worth.
     
    Scott No Mates, 1st Mar, 2017
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  9. jins13

    jins13 Well-Known Member

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    I am a principal person and I would pursue it further, just like the time I took a day off work due to the university incorrectly issued me a parking ticket. Even the silly State Debt responded to me about not offering me 'leniency' even though I had the correct permit on the vehicle! Not my fault that the security officer that issued me the ticket was blind and didn't perform his duties properly in ensuring I had a valid permit on my car. Had a wonderful day in Mt Druitt court to clear the fine for principal and receiving an apology from the university.

    I guess I wouldn't just pay the $300 and need to teach that fellow a lesson.
     
    jins13, 1st Mar, 2017
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  10. geoffw

    geoffw Moderator Staff Member

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    I was surprised to see that Judge Judy is still on TV. I don't know if she's still on Australian TV, I watch very little FTA.

    But I guess I could send both cars to the US and restage the accident so that it's in her jurisdiction.
     
    geoffw, 1st Mar, 2017
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  11. Scott No Mates

    Scott No Mates Well-Known Member

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    La La land?

    Who makes the Ding? Is it a Tesla?
     
    Last edited: 1st Mar, 2017
    Scott No Mates, 1st Mar, 2017
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  12. trinity168

    trinity168 Well-Known Member

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    @geoffw - principle of the matter, take him to small claims court. There is no need to intimidate and act like a pig and, don't let him get away with treating your wife like that.
     
    trinity168, 4th Mar, 2017
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  13. Blacky

    Blacky Well-Known Member

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    I would be willing to pay $1,000 just on principal.

    Not to go off post...
    My wifes ex husband is a douche. He refused to sign a document allowing us to obtain a visa to Australia for his son, unless we paid him $5k.
    This is a guy who has provided nothing to his son since the age of 2yo. Not even a phone call for his birthday. He is now placing restrictions on his future for personal financial gain.

    I refused to give him $5k and said to Mrs Blacky I would be more willing to spend $20k taking it through the courts... just on principal. Had we done that it would be likely Douche would land up in gaol. However, as our son is 17 its not worth our time/effort at this stage. So Douche boy got lucky.

    Blacky
     
    Blacky, 4th Mar, 2017
    #13