At Fault Car Accident - Both Uninsured - What Are My Rights

balotelli14 on 27/07/2017 - 15:22
Last edited 27/07/2017 - 17:16 by 1 other user

Recently got into a car accident, Was at fault (probably). I paid for the guys repairs witch cost me $1000. A few weeks after, guys comes back to me saying he is unhappy with the repair job and wants newer parts and better paint job (will cost $2-5k).

I told him don't bother, that he should take it up with the courts as I refuse to flock out any more money. So I just want to know what are my rights and leverage are if he does take it to court.

Again both of us are uninsured and I took blame but he was also driving like a dic***

Thanks

Financial

Comments

  • spackbace on 27/07/2017 - 15:31
    +13

    Talk to a lawyer… Once you paid for the initial repairs you should've had him sign something saying it was done and dusted.

  • Mackeg02 on 27/07/2017 - 15:40
    +3

    Did he choose the repairer ? or did you arrange a the repair job with a friend?

  • whooah1979 on 27/07/2017 - 15:51
    +6

    I paid for the guys repairs with costed me $1000.
    So i just want to know what are my rights and leverage are if he does take it to court.

    did you both sign a waiver stating that the $1000 was compensation for the physical damaged caused by the collision, and that the claimant would release you from any further liability?

  • [Deactivated] on 27/07/2017 - 15:57
    +1

    Do you have documentation of the incident? If no, then you've done the right thing and owned up the the fault but be careful, some will try to get more fixed than the damage you actually dealt.

    Do you have a receipt from the panel shop or any monies paid to the other party? If you don't, you'll want to get one ASAP.

    Who chose the repairer? If the other party chose the repairer, both of you agreed on the quote and total repairs, you have paid the total (directly or reimbursed other party), then you have been a gentleman/lady and your part is done.

    Being uninsured, he is not too bright (and neither are you) and likely will not pursue the matter to court. If he does, both of you are going to be paying more than bargained for, and more than what your troubles or your vehicles are worth.

  • Ughhh on 27/07/2017 - 16:17
    +2

    If he wants newer parts and a new paint job, tell him to complain about the work to whoever did the work- his repairer. Hope you have some kind of proof you paid and that the case is settled. Don't give in, otherwise he'll probably start demanding a brand new car.

  • Randxyz123 on 27/07/2017 - 16:25
    +7

    Did you both sign an ageeement saying the matter is closed ?

    If not you don't have much in the way of rights. Very much he said/he said.

    Did he choose the repairer ? How old is his car ? Newer parts isn't unreasonable if the car is less than 5 years old.

    Why the hell don't You have insurance ?

    • balotelli14 on 28/07/2017 - 09:16

      We don't really have an signed agreement. The issue here is that, he picked up the car form the mechanic and after 1 weeks, he comes back saying he is not happy with the work. Anything could have happened to the car within that 1 week. Who's to know… My repairer said the work was done well and proper. Car is over 7 years olds.

      Lesson learnt, i signed up for insurance last week

  • [Deactivated] on 27/07/2017 - 16:56

    Not your problem if he consented to the repairer, in my view. Between him and the repairer, provided they aren't your friends or mates etc.

    • balotelli14 on 28/07/2017 - 09:14

      It was a repairer well known to our family. He had his own preferred repairer, but his quote was 3k or something and my repair was only 1k

      • spackbace on 28/07/2017 - 10:20

        but his quote was 3k or something and my repair was only 1k

        And hence why he's not happy with the repair. $1k is a pretty cheap repair, especially if a bumper etc was needed…

        • balotelli14 on 28/07/2017 - 10:50

          IT was practical a scratch on the bumper and the repairer we used is licensed through NRMA. One of the best in my area. It was fishing for money is he wanted 3k for a scratch on a bumper

        • spackbace on 28/07/2017 - 10:53
          +2

          @balotelli14:

          A scratch wouldn't cost $1k to fix either.

          Do you have pics of the damage?

      • Randxyz123 on 28/07/2017 - 11:02
        +3

        Yeah this is on you then. I can't believe he agreed to a 1K repair from your family friend… If he did you should have got him to sign something.

        Have you got a tax invoice from the repairer ? Something saying that it was his car being repaired ?

        I had someone hit me who wanted his friend to repair my 2 month old car. I told him politely but firmly that I would be using the dealer where I bought my car and my insurance.

        My point is never involve a party that may have a conflict of interest…

        Sorry but I find it extremely difficult to believe that your repairer quoted less than half the price. Did they use 2nd hand parts or just do a shoddy job on the paint.

  • nocure on 27/07/2017 - 17:07
    +4

    both of us are uninsured

    The amount of people driving uninsured scares me

    and I took blame

    Never ever admit fault

    • Well Wasted on 28/07/2017 - 10:47
      +1

      even if you rear-end some-one under the watchful veiw of a dashcam? it just wasn't/isn't/never my fault..? pretty hard to get your morales out of the gutter once they're found to be there.

  • altomic on 27/07/2017 - 17:22
    +2

    tell him to complain to the repair shop/

  • mbck on 27/07/2017 - 19:26
    +9

    New number who dis

  • brokeunistudent on 27/07/2017 - 21:10

    Looks like another post due asking for the same advice?

  • brokeunistudent on 27/07/2017 - 21:10

    Two OzBer's finally hit each other :D

  • Marcsie on 27/07/2017 - 21:19
    +1

    You two should ask advice from each others :)

  • Marcsie on 28/07/2017 - 02:14
    +7

    No insurance, no sympathy from me :)

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