Car accident with uninsured driver..

Lflowergirl13 on 19/08/2013 - 10:29

Hey everyone, new to the forums, and just looking for some general opinion/advice..

My brother got into a car accident last friday. The car behind him was speeding down the road, then rammed straight into the back of him, causing him to swirve to miss the cars in front of him and smashed into a power pole, but unfortunately scraping the side of a parked van. Luckily he is OK, but he has complained of neck pain and pain in his hand and arm.

So this happened outside of a primary school whilst the school zone 40km/hr speed limit was enforced. The driver who hit into my brother, did a u-turn and drove off, luckily another driver had gotten his number plate.

Police came, lots of witnesses, and essentially the cops said they will be charging the idiot with a list of offences, and that my brother can have police reports for insurance.

The car is a complete write-off. He had an older model Lexus and he thinks its probably worth about $10k now. But found out this morning that the idiot was driving uninsured, and on a suspended licence. My brother only has third party property.

We've never encountered this situation, but what options do we have now? I suspect we need to file court orders against the guy and claim against him personally? But what if he says he's got no money etc etc?

Thanks guys

Automotive

Comments

  • lisss on 19/08/2013 - 10:42
    +1

    Hey,

    I'm glad to hear your brother is okay.

    Legally, you're not in a good situation. You're correct that you'll need to sue him personally and it can be a long process. I'm not in a position to advise you on the court process etc as I'm not familiar with lower courts, and it will also be very specific to the state you're in. If he says he can't pay / refuses to pay, you may have to go back to court again and they can put him on a payment plan or similar. Even then it can be difficult to get a person to pay up.

    Also, in WA I know that if a person is convicted of a criminal offence there is a state based compensation scheme but I think this is limited to compensation for physical injuries - this might be worth looking into in your state.

    If you are eligible for legal aid, I'd definitely be contacting them or going to a community legal centre. Otherwise it might be worth paying for a few hours of advice from a lawyer just so you can decide what to do.

  • RandomNinja on 19/08/2013 - 10:43

    Ouch… 3rd party property only means his insurance company has no obligation to pay for damage to his car. I think you're right about needing to file court orders and claim against the guy - the court will rule in your favour, but as you say if the other guy has no money then you're pretty much boned.

    Anyway, my suggestion would be to get legal advice first and foremost. My Ozbargain advice is: If it's likely to be tough getting $ out of the other fellow, might be worth using those 'no win, no fee' law firms so your brother won't be out of pocket any further.

    • lisss on 19/08/2013 - 10:46
      +7

      A no win-no fee practice wouldn't touch this kind of case with a 10 foot pole. They don't just represent people for free, they have a business model and if they don't think there is a reasonable prospect of getting their fees reimbursed through the court/negotiation process then they won't accept the case.

      Also one further point for the OP - are you sure the hit and run driver isn't insured? If he is, you'll be able to recover from his insurance. I was hit by a hit and run driver who was a deadbeat but it happened that she was fully insured, so I had no problems getting reimbursed. It was all dealt with through my own insurance though since I was also fully insured, which made things a lot easier.

      • No on 19/08/2013 - 10:58
        +5

        If the other dude is on a suspended license even if he had insurance it would be worthless.

        • flowergirl13 on 19/08/2013 - 11:16

          Why is that? Insurers won't cover someone on an suspended licence?

          We're in NSW. The driver says he is uninsured, but I don't know how we can tell? But definitely suspended licence..police confirmed.

          The other thing I am aware of is, third party property damage usually also comes with cover for damage to your vehicle if you're hit by an uninsured driver who was at fault and the damage is less than $3k (or $5k>?). Has anyone gone through this process? It might be worth a try to just try get $3k instead of nothing if the idiot claims poor :(

        • lisss on 19/08/2013 - 11:21

          You'll need to read the t&c of your brother's 3rd party insurance. That's the best place to start.

        • No on 19/08/2013 - 11:23
          +1

          A prerequisite of valid insurance is a valid license. That is the insurance on his end anyway. Plus if he has a suspended license and is driving like a tool he probably doesn't have the greatest record which would make insurance very expensive for him.

        • bigheadache on 19/08/2013 - 13:06

          Who's your insurer? it really depends on who they are. A lot of insurers offer a basic Third Party property which has no uninsured driver cover or a low amount (eg $3k for AAMI). If you have third party property damage WITH fire and theft, many insurers have $5k. NRMA offer $10k.

          if the guy is on a suspended licence, then effectively he is uninsured.

        • alizzan on 20/08/2013 - 11:51

          You could sue him, and if he is insured he'll most likely forward the case to his insurer and they'll respond. I've been in a similar situation, but it seems like the driver was a tool and there's next to no chance he was insured.

        • Miss Dior on 20/08/2013 - 18:05
          +3

          With respect to his injuries he needs to go to the Doc immediately. Best to use a bulk bill to medicare. Contact motor accidents authority (MAA) immediately and lodge paperwork. See these links:

          http://www.maa.nsw.gov.au/default.aspx?MenuID=89

          http://www.maa.nsw.gov.au/default.aspx?MenuID=122

          http://www.maa.nsw.gov.au/

          He has limited time. The MAA can check on the insurances side of it using their computer systems (as could his own insurer). People are covered for vehicle accident injuries in NSW. His only issue here is being the driver as that changes some of the requirements. The legislation was specifically brought in because of injured persons being caught in catch 22 situations. I would definitely be more concerned about the long term potential of his injuries than the damage to the car. These injuries can haunt you long after the accident and some don't show their full potential to impact on a person's functionality until later.

          Next quickly contact a no win - no fee lawyer. I can provide a referral if you like, they were helpful in our case and managed to succeed in a settlement. PM me if you want their name. Be aware that in most cases they will take about 50% of your settlement. Without them you may be offered a few hundred dollars. With them, maybe about $50,000. If the injury is severe it may be much more. I quote those figures only to give you an idea of the monetary difference that a lawyer can make to what is offered by the insurance co to settle the matter (from experience). I wish him luck and hope this information is helpful to you both.

          In respect of the car you should seek advice from his insurer and if they are unhelpful there is a small chance the MAA and the RTA (now RMS) may help.

      • SomeGuyOnOzB on 20/08/2013 - 22:52
        +5

        !?!?!?!?! Use a no win-no fee lawyer?????

        Have you used them before?!?!?

        "No Win No Fee" tends to mean

        If we end up representing you in court (ie not settling before hand or aborting the case)
        and you aren't acting against our advice
        and we see this through to an actual judgement (ie not a settlement or pulling out of the case)
        then you will be paying us a number of fees/charges but
        we will not charge you for our time in court
        provided there are no other exceptions applying from our terms and conditions

        So:
        1 - there are a heap of fees and charges that will apply and some you may have never dreamed of
        2 - regardless of the outcome; all the "no win no fee" lawyers I've encountered get their cut and it is a HUGE unexpected cut

        Note: I've only encountered through talking with people who work at the courts, court cases of friends, colleagues and reading terms and conditions set out by a number of "no win no fee" lawyers

        One example

        Person A goes to a law firm asking for No Win No Fee style representation (law firm B).

        Person A has an initial consultation, to talk about the services provided. (law firm B later bills for this)

        Law Firm B emphasises that, should this go to court, if we don't win, we will not be charging you for court time. I know of case where the schedule of fees was handed over, in the middle of a large stack of papers, while the law firm reassured the potential client "we don't win in court, you won't be charged for our time (in court)".

        Person A trusts the lawyer and agrees to proceed.

        Person A is then asked to come in and make a statement. Person A is encouraged to be thorough and verbose. (Dictation time will be billed, administration time for making copies will be billed, a lawyer will be passed the document and they will bill for having handled the document).

        Person A is encouraged to come back for multiple meetings to discuss the case.
        (Each meeting, all the lawyers present, the room etc will be billed to the client later; possibly a senior lawyer will be appointed to "oversee" the case, which means more income for the firm)

        I'll skip ahead to the negotiation stage. The lawyers will be present at a meeting for negotiation (lawyers are spending time so more fees are racking up). The offer will be made to Person A. Law Firm B will advise against it. Person A decides to trust the law firm.
        A number of no win no fee lawyers have another fee or fee schedule that, by the terms and conditions, kicks in when Person A accepts a recommendation not to accept an offer This can double or triple the costs racked up so far and double or triple any further costs.

        Forms are filled out and sent to court (more fees).

        Appearances are made in court which are not to do with resolving the case but to get the court to say, okay, there's a case to hear, this matter can go to court. Some/all no win no fee lawyers will charge for that too.

        There may be back and forthing between the lawyers for both parties. That racks up fees and you aren't controlling who gets involved. (Maybe your lawyer had a word with a senior partner about your case; $400 for 1 hour of consultation)

        All this is before you've even gotten to court. :S

        You can be up for $10,000 easily at this stage.

        There are some no win no fee lawyers known to drag out cases. They keep turning up late, maybe forgot to bring some important papers and so ask for an adjournment to a later date.

        After years of drawing things out, if Person A gets frustrated and goes to another lawyer or discontinues services, they can often be charged for all the extra court time the lawyers spent. (Provided it's in the contract signed, a document referred to by the contract or other)

        If person A decides not to finish the case, maybe they've found out how much they've racked up in fees and charges from the work done around the case (but not in the court) and they pull the pin, they may get charged for the court time.

        If person A wins the case, they may be in for a surprise at how many tens of thousands of dollars are gone after just 2 or 3 days in court. Worst case (not too uncommon) is the amount "won" is gone and then the lawyers supply a bill for even more.

        If person A wants the case proceeded with, against the advice of the lawyers … again the contract with the lawyers can have some nasty surprises.

        If the case is represented and lost, person A might not be paying for their own lawyer BUT they may be paying court costs (that can easily be thousands per day) and some or all of the costs of the other parties involved (which can easily be tens of thousands) as well as whatever the court awards against Person A.

        Also, while the court case is going on, other liaison, communications, documentation etc is being filed, recorded and performed to assist with the case. This is not time in the court. This can be charged.

        So, it's up to you but be really careful about going to a "no win no fee" lawyer.

        "No win no fee" lawyers I've encountered tend to get their money and lots of it, out of their client if not the settlement and the client can be in for a very unpleasant surprise even if they get to the end of a case :S

        Note that for some firms, one of the first things they do, while assessing if they will take your case, is assess what assets the client has :S

    • edgar28 on 20/08/2013 - 10:35

      a few of my friends encountered such thing, logde a police complain….. was closed and re-opened 3 times…..you know what i meant… so even if you want to sue the driver, you can't without a police report stated the driver is at fault.
      and same old "they're not allowed to provide details until they can confirm he/ she did infact drive the vehicle"

      one of the driver even mentioned "sue me if you want"

      they should make it compulsory of insurance to renew a car like many country.

  • Paul Atreides on 19/08/2013 - 11:21
    +2

    firsly, glad to hear your brother is ok.

    double check with your insurance policy that whether it is covered or not, don't just assume just becuase it's called "third party" that it is automatically not covered. ie NRMA third party fire and theft policy had a up to 5000$ for uninsured collision where you are not at fault. (youll need to provide them with some of his details, DL number etc etc).

    it sounds like if the other driver was uninsured, and you don't have comprehensive insurance, it becomes a civil matter, so its up to your brother to take him to court and recover the damages.

    even if he can't afford it, i always recommend people to get comprehensive insurance and just adjust the excess to something you can afford. that way if something like this happens, you just pay the excess and claim against him and it'll become up to your insurance company to recover the costs. and when they deem it is not your fault at all, you get your excess back AFAIK.

    • lisss on 19/08/2013 - 11:24
      +3

      I agree :) My policy is, if I can't afford to replace the car without a lot of pain, I need comprehensive insurance. If I was driving a car worth only a few thousand, I probably would only get 3rd party.

  • flowergirl13 on 19/08/2013 - 11:30

    Hey guys,

    thanks for the responses. We'll look into the current insurance policy and see what we have. If his policy is willing to cover up to $5k we may have that as a backup option if going to court leads nowhere.

    Civil matters are usually long and painful, does anyone know if we settle out of court whether we can write up personal contracts ourselves with the driver at fault to state he will pay for damages? I guess if we can do this, there is no reason to go to court, but unsure how strong of a word is a personal contract.

    Also, with my brother hurting his neck and arm, what happens with all the medical costs? What if the idiot doesnt have CTP??

    • _Bruce_ on 19/08/2013 - 12:04
      +1

      Also, with my brother hurting his neck and arm, what happens with all the medical costs? What if the idiot doesnt have CTP??

      In Victoria all road injury medical expenses are covered by Vicroads. I'm guessing CTP is the equipvalent for some other state, and don't know what the deal is, but start by calling your equivalent of Vicroads.

    • [Deactivated] on 19/08/2013 - 12:35
      +6

      It was possibly due to the costs. We used to drive an older Volvo worth about $6-8K. They all wanted around $1,200 pa to insure it…and that was with a high excess. Ironically now that we have a newer Volvo, worth about $20K we get insurance for around $600.

    • _Bruce_ on 19/08/2013 - 12:39
      +1

      Why doesn't your brother have comprehensive insurance? Full comprehensive for my Mazda is only about $600. I'm absolutely baffled by this.

      For many cars 10K is around the point where comprehensive does not make sense any more, provided you have the ability to self insure (ie: suck it up if you have to).

      This varies a lot with the car, driver, location, etc. But 10K is a reasonable rule of thumb.

    • flowergirl13 on 19/08/2013 - 13:03
      +5

      My brother is under the age of 24 and we live in an area that generally has high premium… when he quoted comprehensive insurance it was far too much so he settled for third party.

      • Speckled Jim on 30/08/2013 - 10:19

        Seen the current youi insurance ads?
        The ones where they poll a "typical street" full of McMansions and Audis?

        I'd take them to task on the "typical" bit and insist on a big saving, even if you're in the southwest or wherever.

  • kickling on 19/08/2013 - 13:22
    +16

    Flowergirl, are you in NSW? If yes, you might want to read this info :

    http://www.legalaid.nsw.gov.au/publications/factsheets-and-r…

    Specifically this excerpt :

    2.Third party property insurance
    usually only covers damage you do to another car or property. However, if the other driver is at fault and uninsured, you are also able to claim (often up to around $5,000) under the little known Uninsured Motorist Extension (UME) term of your third party property policy

    and also this excerpt :

    If you have been injured in an accident, even if you think it was your fault, call the Motor Accidents Authority (MAA) Claims Advisory Service on 1300 656 919 for help with making a claim. You should do this as soon as possible.

    For example, the accident must usually be reported to police and your CTP insurer within 28 days. The personal injury claim to the insurer must usually be made within six months.

    • bich.light on 19/08/2013 - 14:26

      Very nice kickling!

  • flowergirl13 on 19/08/2013 - 15:28
    +3

    Hey guys

    Update - The driver at fault is on the run from the police. They confirmed he has a suspended licence hence why said he MAY be uninsured but they are unsure. Cops went to his work and his home and can't find him, so they said they're not allowed to provide details until they can confirm he did infact drive the vehicle. But they said it is most likely, because this idiot has previous history involving vehicles.

    So now any civil matter or UME claim is on hold till we find this guy….. because without him admitting that he doesn't have insurance, we can't do anything!!!

    Do you know what the MAA Claims Advisory service provides?

    I think we are stuck at a road block now.

    • r3volt on 19/08/2013 - 16:24
      +22

      Baseball bat. Knees. Call it even.

      • Scrooge McDuck on 20/08/2013 - 13:52
        -7

        That's the idiot's way. You won't get anything from assaulting the perpetrator but your own criminal record and possibly revenge attacks.

        • Rupture on 20/08/2013 - 18:19
          +6

          ..Whoosh!

    • grasstown on 19/08/2013 - 22:20
      +2

      Same info as kicking above, but reading this seems to say that your brother is eligible for medical, Loss of earning, And compo. Not sure whether these schemes have a minimum injury threshold before a claim can be put in.

      http://www.maa.nsw.gov.au/default.aspx?MenuID=89

      A few more numbers you can call
      http://www.maa.nsw.gov.au/default.aspx?MenuID=107

    • Miss Dior on 20/08/2013 - 18:11

      Don't worry about the police. Use the number plate of the vehicle and ask his own insurer or the MAA. My memory is vague, but I think our insurer advised us about the insurance of the other vehicle. The information definitely didn't come from the police.

      You aren't at a road block. The MAA should still be able to help.

    • djz on 22/08/2013 - 07:47

      "Cops went to his work and his home and can't find him, so they said they're not allowed to provide details until they can confirm he did infact drive the vehicle"

      Yep the fine Aussie legal system in place…..Yep so in other words they are wasting their time.

      Police: "Were you driving the vehicle that caused the collision?"
      Deadbeat Bogan: " Nah man, it wasn't me man, I swear man"
      Police: "ok then"

      Why would someone who is unlicensed, speeding in a school zone, who did a hit and run and has a string of prior traffic infringements EVER admit to being the driver???? It's not like he's an upstanding citizen with a conscience.

      Expect the "police investigation" to go nowhere. I also wouldn't expect a cent out of him even if you took him to court for the next 100 years….

      The fact is we are infested with low life bogans who are prepared to ignore the law as they know, ultimately, if you stick your head out long enough the laws in this country are so soft that eventually it will all go away….prison is very rare…..most of the time all they get is a charge on a sheet of paper that they couldn't care less about with the lifestyles they are living.

      • _Bruce_ on 22/08/2013 - 08:32
        +2

        You seem to have a basic misunderstanding of our legal system.

        Why would someone who is unlicensed, speeding in a school zone, who did a hit and run and has a string of prior traffic infringements EVER admit to being the driver?

        He wouldn't. It is called presumption of innocence. The problem is he is then asked, "so who was driving your vehicle?".

        Expect the "police investigation" to go nowhere. I also wouldn't expect a cent out of him even if you took him to court for the next 100 years….

        The police investigation is very likely to be successful. Getting a cent out of him is a different matter entirely.

        The fact is we are infested with low life bogans who are prepared to ignore the law as they know, ultimately, if you stick your head out long enough the laws in this country are so soft that eventually it will all go away….prison is very rare…..most of the time all they get is a charge on a sheet of paper that they couldn't care less about with the lifestyles they are living.

        This is complete rubbish.

    • flowergirl13 on 19/08/2013 - 17:17
      +21

      Sorry, I don't see how I've come here looking for free advice?

      As far as I'm aware this is a discussion forum, and I've added my inputs, which may help others if they were in a similar situation, or at least let others be in the know?

      And I definitely don't see how I'm trying to get out of trouble? I didn't cause this, its an unfortunate set of circumstances and I'm just trying to see what the best options are.

      Thanks to everyone else who has provided useful information or their own experiences.

      • pyramid on 19/08/2013 - 17:20
        +10

        Don't worry..Trolls are everywhere..Learn to ignore them..

      • [Deactivated] on 19/08/2013 - 18:51
        +7

        That guy might be keeping a low profile until he thinks whatever drug he was on is out of his system.

        I'd highly recommend your brother go to a GP and have his injuries noted regardless how trivial it may seem right now compared to all the other things going on.

        The doctor's record will serve as documentation for when your brother decides to hit up the CTPI for medical expenses and lost income.

        If the problem becomes chronic/long-term then your brother's (future) lawyer will use that documentation to sue against the state for loss of potential future income and future medical expenses (it sounds evil but it's normal practice).

        Good luck

  • [Deactivated] on 19/08/2013 - 17:56

    My sister was in a similar situation, she found that BudgetDirect will take your case to claim against the other driver even if you are not a BudgetDirect customer. I'm not sure if it applies to uninsured, and they obviously wouldn't give you anything if they are unsuccessful in collecting from the other party. I'm sure that all they do is send out a scary looking letter on your behalf, intending that they will pay or claim, and then they collect a fee from that somewhere.

    From the sound of it, if he is uninsured and unlicensed realistically your only option may be court, which could lead to seizing assets or forcing him into bankruptcy if he still won't pay.

  • lostn on 20/08/2013 - 03:39

    3rd party will let you make a claim like it was comprehensive, if the at fault driver was uninsured. However, there's a limit to how much they will pay. AAMI won't pay more than $3000.

  • theworks on 20/08/2013 - 07:26

    I was in a similar situation once (although the guy wasnt on the run!). Was rear ended and totally written off while sitting at a set of lights. Driver was uninsured but my insurance covered $3000 (towing was taken out of that though, go figure). I didnt take him to court because having lost his own car, $3000 he owed to the insurance company I figured id be last on the list of priorities so I wrote that $1000-$2000 off.

    Now to the point. Go to a doctor. Now. If the car was registered you are fine for medical costs and if you have a record of anything small now it will be easier to connect it to the accident if it becomes a big thing.

    • _Bruce_ on 20/08/2013 - 07:29

      I figured id be last on the list of priorities

      Generally the priorities are all equal. If he is bankrupt then you will get a percentage (however small) of the amount you are owed. If he is not you would be paid.

      Now to the point. Go to a doctor. Now. If the car was registered you are fine for medical costs and if you have a record of anything small now it will be easier to connect it to the accident if it becomes a big thing.

      Agreed.

      • theworks on 20/08/2013 - 17:29

        True, but that plus the effort/stress/time of taking him to court people around me advised me it wasnt worth it in the end. Part of me wishes I had but i suspect thats my vengeful side ;)

  • flowergirl13 on 20/08/2013 - 09:19
    +3

    Hey guys thanks so much for all your concern and feedback, its been really helpful.

    Brother saw the doctor yesterday, and is getting some scans done today. I will ask him to make sure there is detailed documented assessments of how he feels, the pain etc etc. I'm most concern about long term symptoms, but right now he's still in a state of shock lol.

    There isn't much we can do with regards to his situation until the cops find the guy and he confirms yes he was IN the car accident!

    • Davo1111 on 20/08/2013 - 09:55

      There isn't much we can do with regards to his situation until the cops find the guy and he confirms yes he was IN the car accident!

      I'm not sure that's 100% correct. From my understanding you can contact the RTA (special form) and basically subpoena the registered owners details of a particular vehicle. You might need a lawyer though.

      This is how those dodgy carpark companies can send fines through the mail.

    • Miss Dior on 20/08/2013 - 18:17
      +1

      Make sure that your brother notes all the issues when he sees the doctor and never tell the doc that he's "ok" when he isn't. Even innocuous comments can go on the medical record.

      You definitely do not need to wait on the police in any way - call the MAA immediately, as others have said. I can't stress the importance of this enough. Get the paperwork to the MAA straight away. Delays can mean no compensation. This is not an area of expertise for the police, most know little about these procedures.

  • MrDad9000 on 20/08/2013 - 13:28

    Hey
    Thought I'd log on just to post this.. my understanding with some third party insurance policies (like your brother has) is that whilst they don't cover you for your vehicle damage, if you are not at fault some insurer's provide a service to get the funds from the other party… might want to check with your insurer if they can do that.
    The only thing though, if I recall, is they need the other parties name/address.. though at least you can kick off the process with your insurer in the mean time…

    Hope you get through this situation well.

    Cheers
    David

  • AlanHB on 20/08/2013 - 15:12

    I know this may seem like an obvious question, but has your brother tried calling Legal Aid hotline for free legal advice? http://www.legalaid.nsw.gov.au/

    Sure he mayn't be eligible for actual representation, but for preliminary advice I'd go to Legal Aid. It's free and accurate. Whereas OzBargain is free and not necesserily accurate.

    • SomeGuyOnOzB on 20/08/2013 - 23:08

      I've tried dealing with … I forget if it's called legal aid in Victoria. Same branch, 4 different people, 3 different advisements :S

      That said, I'd still check what they came up with.

      But from what the others said, it sounds like it's worth checking in on making medical claims. Someone I worked with in Victoria was getting payments I think he said 7 years on, after an accident, to cover medical expenses etc. (Hoping your brother's injuries aren't that bad, though)

  • aerona on 20/08/2013 - 15:32
    +4

    obscene…Had something similar happen to me 3 years ago and was a long and grueling process. This Person was uninsured and so I had to sue him for repair fees and court fees on top. My insurance wouldn't cover me either "insuremyride" <—— wouldn't help me or give any advice whatsoever and just gave me a refund. Wasn't responsible for crash and after court hearings, the end result was $20 a fortnight. To this day the matters are still going on.

    One time the guy didn't pay up and I tried negotiating with him but he told me "f off, I'll pay you nothing now an hung up the phone".
    Reported to courts and they said they'll take him to prison if he didn't pay up or reprocess his belongings and sell at a private auction to reclaim some money. He started paying again, Jakes on him. This is only $2200 in fees and has been almost 3 years. I don't even want to imagine how much 10K would be.

    Mine was minor civil courts so I think to be able go in the big courts would need to be something 10K+, You should definitely check. Even if you don't get money, justice needs to be served someway or another.

  • ilostnemo on 20/08/2013 - 16:30

    I hope it works out well for you.

    Paul Clitheroe, always said, to make sure you have adequate insurance, ie saving on insurance by not covering everything can come back and bite you on the ass.

    By the sounds of it, he owes a lot of money to other people as well.

    Good Luck

  • notarealperson on 20/08/2013 - 20:47

    Hey which insurance company is he with? I just know that when I was younger, I was hit by an uninsured driver, and my RACQ compulsory third party insurance covered damage by an uninsured driver for up to $3000. Better than nothing I guess.

    Other than that his insurer might provide him with some legal advice to get him started.

    edit: just noticed some other people have said similar things too

  • devilzpolar on 20/08/2013 - 22:45

    Just call up your own car insurance and they should take care of the situation for you with no excess cost.
    Your insurance will follow up with the police and pay you your agreed write off fee. They will then chase the idiot to get the monthly payments from him or whole payment. Thats what your own insurance is for.

  • Gnostikos on 20/08/2013 - 23:10

    You really care about your brother. That's quite heartening to see; on a bargain-hunting website of all places. Good luck.

  • SomeGuyOnOzB on 20/08/2013 - 23:14

    In case the legal aid system in NSW is like Victoria, see tne NSW legal aid group now.

    Talk about the incident. Get it recorded with your brother's name, even without the other driver's name (That may help in fact, not having the other driver's name).

    If the other driver hasn't been to legalaid in the past x many years and tries to go after getting caught, legalaid can represent you but not the other party. (Something to do with perception there is no conflict of interest)

    If it later turns out that the other driver has been to see legal aid in the past, well, you might be able to put in a request they do not represent the other party (I'm not sure how well this might go) as they already know your side of the case and that could compromise your own case and representation. (I'm not a lawyer, don't rely on my terminology and it's up to you what you do with these non lawyer suggestions)

    • SomeGuyOnOzB on 20/08/2013 - 23:19

      I'm assuming legalaid is something you are allowed to have; I think some Victorian groups have restrictions based on where people live (if they are in the area) and sometimes based on assets or if the possible client has other matters before the courts.

  • unity1 on 20/08/2013 - 23:24

    If you are with AAMI you can get free legal advice.

  • flowergirl13 on 21/08/2013 - 09:34
    +7

    Overwhelmed by the responses!! Thank you so so so much!!!

    My brother had to take his car from the tow yard today because its costing money leaving it there and unsure if there will be any recovery.

    He's doing his scans today and I told him to continue to track how he is feeling etc and he mentioned claiming under CTP? So I assume this is the MAA that some posters have directed me to. We will definitely endeavour to try at least get all his scans paid for!

    We probably wont seek legal representation at this stage.. but I will definitely look into building a case against the at fault driver, and try seek recovery through a court judgement.

    Let you know how we go. We are just really thankfull that my brother got out of it relatively unscaved and everyone here has been so helpful. Really appreciate it!

    • Miss Dior on 22/08/2013 - 00:38
      +3

      In reality you are probably better going to a solicitor than seeking a court judgement and it will likely involve less work for you. No win, no loss lawyers do only charge if you get a payout and that sounds highly likely in his case to this non-lawyer (but I have been through the system so I do have experience to draw on). Its likely he will receive enough money from his injury to cover the vehicle damage through CTP (which is the MAA as you rightly guessed). Its a round about way to cover his costs, which it appears are his primary concern. You have been given a lot of good, and correct, advice by many responders here.

      Solicitors have strategies to help you, they do this every day so your situation is not at all odd to them. We all think our situations are unique, until we talk to a lawyer and find out they are pretty common, despite all the unusual circumstances, drive offs and all. By the way, your first appointment with a lawyer is usually free. Having learnt from experience I now pick up the phone immediately and call them. It saves so much money in the long term and in the case of car accidents often you come off much better financially, despite their large fees. Be aware that the legal strategies are rather like politics - its all a game and the lawyers and insurance companies know the rules much better than us victims of bad drivers.

      Take it easy, don't stress. He seems to be in a position to get much more than just his scans paid for. Oh and it is very likely that scans won't show everything. I still have symptoms that scans never showed and that didn't surprise any of the doctors. Good luck.

  • j4ck on 21/08/2013 - 10:35

    What a horrid situation. All the best!

  • frinik on 21/08/2013 - 13:53

    Sisters been in a similar position…her insurance took them to court and they end up being put some some payment plan depending on how much they make….they pay something squidly every week like $20 out of their pay packet.
    good luck with it all

  • Kamsi on 21/08/2013 - 23:41
    +2

    At the end of the day, the best thing is to get a comprehensive insurance, forget all your worries.

    • theworks on 22/08/2013 - 09:22

      I remember being under 21, male and the best quote i could get for comprehensive was somewhere close to $1000 on a $3000 car. 1 in 3 chance of writing it off? I dont think so.

      • one man clan on 22/08/2013 - 09:45

        Unfortunately it doesn't get much better as a male. Mine was still close to $1000 for a 2001 Corolla. Over 25, full licence, never lost a point.

        It's not worth insuring it.

  • ankor on 22/08/2013 - 12:25
    +1

    If I can humbly suggest, go and make an appointment with Shine or one of the big ones like Maurice Blackburn and take advantage of the free consultation.

    It's free, you are on OzBargain and it's in your blood!

    Just make sure that you read those cost disclosure notices and cost agreements carefully.

  • sulmar on 22/08/2013 - 15:27

    What wouldn't i give for that 'idiot driver' to be reading this thread while on the run.

  • Jup1ter on 22/08/2013 - 15:37
    -2

    Wasn't your car insured? If so, the insurance company is responsible for paying any money to fix your car, etc.

    • Weezle on 22/08/2013 - 21:02

      Dude, read the original post. She said her brother only has THIRD PARTY insurance.

  • cannedhams on 22/08/2013 - 18:24
    +3

    OP PLEASE GET YOUR BROTHER TO A LAWYER ASAP. In most Australian states there is a scheme called the Nominal Defendant which is a government office that acts essentially as an Insurer when someone is injured by an uninsured driver.

    However the TIME LIMITS (in Qld anyway) are MUCH SHORTER when the claim is against the nominal defendant. Your brother needs to move as quickly as possible. Please make sure he sees a solicitor asap.

    Disclosure: I'm a lawyer but this message is not intended as or as a substitute for legal advice

  • gimme on 24/08/2013 - 23:38
    -5

    Don't waste your time doing anything or reading the above posts. You're pretty much screwed as far as $$ is concerned. Glad to hear your brother is ok. No point in suing anyone as you'll get NOTHING even if you win.

    Next time - get comprehensive insurance OR drive a shitbox you don't care about.

    • Bullzye on 29/08/2013 - 14:55
      +3

      You sound like the 'Uninsured driver' op was talking about. Haven't the police caught you yet?

      • gimme on 31/08/2013 - 14:15
        -2

        LOL, you idiot. I'm giving her a reality check while you kids waste her time. I've been through it before and I know how it works. An uninsured driver in a shitbox will not be able to pay anything even if you win. You'll end up worse with legal fees, running around, time off work, headaches etc etc. Then again people enjoy time wasting and confuse it with 'working hard' (for nothing).

  • ericc on 27/08/2013 - 17:03
    +1

    please keep us updated on your case OP

  • MattADL on 09/09/2013 - 22:46

    I havent read the above posts so this may have already been mentioned.

    I was reversed into but an uninsured car. My insurances was 3rd party only. My insurance broker had also stated in our contract that if involved in an accident with an uninsured vehicle when they are at fault they will repair my car and then sort the claim out with the other person.

    This is exactly what happened, I had the damaged fixed by my insurance company and the insurance company claimed the money from the uninsured driver.

    So call your insurance company, just on the off chance that they have a similar policy.

    • rigby75 on 24/09/2013 - 10:08

      MattADL the same happened to me me and it worked out no issues.

  • gimme on 10/09/2013 - 08:59

    If it's true, that's a very good insurance company to give you that peace of mind on a 3rd party policy. Who's your insurance with?

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