Drunk Driver Hit Our Trailer Parked on The Side of The Road

Findo on 04/12/2017 - 18:17
Last edited 04/12/2017 - 18:34

On Thu 30 Nov 17 at approximately 2305h I was sitting on the loo when I heard an almighty bang outside. I ran outside and saw my family's trailer turned almost 180 degrees and fragments from a Hyundai Accent littering the roadway. Upon walking further up my street, I saw a (allegedly) drunk Korean national in a damaged car. Long story short, the scumbag admitted to texting behind the wheel and despite his attempts to pay me off on the spot, the police were called and he was arrested for the purpose of a breath analysis after a preliminary breath test. The car was removed from my street between the hours of 1600-1910h the next day, however Europcar did not remove the debris on the road.

Important details:

  • trailer is a POS and is uninsured. When it is attached to any of my family's vehicles, it is covered as all our cars are comprehensively insured.
  • trailer was roadworthy prior to this incident
  • Europcar don't want to play ball and aren't interested in helping me recover any money
  • the Korean national claimed he had PR to my neighbour when he begged me to not call the police, and his boss lives in a Sydney suburb approximately 20 minutes away from me. However, on his NSW drivers licence, he has not supplied proof of permanent residency. His English was pretty poor and he only arrived in Australia the day before the incident, and was due to leave the country sometime in the next week
  • it is more than likely the scumbag blew a mid-range reading down at the station and will have to face Burwood local court at some point

How do I go about ensuring I can recover costs when the Korean national is a flight risk? How can I cause him maximum financial pain if he does not play nice? Is there any way to charge the clean up costs back to Europcar, as they have not been helpful at all?

Pics here: https://imgur.com/a/rzjaX

Edit: date

Automotive

Comments

    • Findo on 04/12/2017 - 23:54
      +2

      I can engage a solicitor to fight on my behalf for a measly $29/day if they go to court. Thanks Arc@UNSW!

      • [Deactivated] on 05/12/2017 - 00:22
        +2

        you feed chickens, you get monkeys

        • hell0 on 05/12/2017 - 01:39
          +4

          so true. $29 a day… I am sure they will fight tooth & nail to recover the 42c your trailer was worth prior to the accident. If I were OP's neighbour I would be relieved this old trailer is off the street instead of taking up a wasted car spot.

        • Findo on 05/12/2017 - 08:09

          @holyland: what the hell is wrong with you?

        • HighAndDry on 05/12/2017 - 10:47

          I'd have thought the saying would fit a lot better if it was:

          "You feed chickens, you get eggs"….

      • MrTweek on 05/12/2017 - 10:59
        +1

        You won't need a solicitor for NCAT.
        Your case is pretty crystal clear, so you'll just need to explain in detail what happened, how much money you want and provide evidence for the costs you incurred through this.

    • Wallyt99 on 05/12/2017 - 07:08
      +2

      This is a good post. Not sure why all the Negs.

      What if it was a private vehicle and they said 'my friend was driving'? Of course you would chase the owner.

      Get a quote for repairs. Attach it to a letter of demand. You may need to follow it up with a notice to commence proceedings.

      • whooah1979 on 05/12/2017 - 07:52
        +4

        What if it was a private vehicle and they said 'my friend was driving'? Of course you would chase the owner.

        Liability isn't commonly transferable unless by a specific act.

    • MrTweek on 05/12/2017 - 11:13
      +1

      Why do you think Europcar is liable for anything? They have done nothing wrong.
      Damage was caused by the driver, not the owner of the vehicle.

      All the rest is correct though. Don't give up just because you are being ignored. Taking things like that to a Tribunal is easy and very effective.

  • ozhunter on 05/12/2017 - 01:29
    +1

    trailer is a POS and is uninsured. When it is attached to any of my family's vehicles, it is covered as all our cars are comprehensively insured.

    I'd double check this.

    As others have said, go to small claims. Don't see how Europcar is liable.

    • Findo on 05/12/2017 - 01:50
      +2

      We’re with NRMA for all our insurance needs and trailer insurance is a bit of a rip off. It covers third party damage and theft, but no one in their right mind would steal our POS when our neighbours have a shinier, newer trailer in their yard. Our car comprehensive policies cover the trailer damaging other people’s property if attached to a car.

      Looks like small claims court against the driver it is.

  • SeVeN11 on 05/12/2017 - 03:00
    +10

    Back in high school, I got caught kicking the lockers and I complained that it was not fair because another kid was doing it too. The teacher then stopped and taught me a very important lesson…. He said, "Nothing is a crime until you get caught".

    When I got older, a friend was involved in a similar situation one late night in a carpark outside a nightclub. The security officer who witnessed the accident told us we had to make a tough decision and that he's seen many of these incidents before:
    * call the cops now and get this guy caught under the influence, the result would be likely mean being out of pocket for the insurance excess as this guy is clearly drunk and won't be insured, or
    * let him abandon his car there (it wasn't going anywhere anyways…) and let him find his way home and sober up and sort it out the next day. They will generally be grateful and will admit the accident to their insurance company and you'll be sorted. (obviously less the driving under the influence part as they were not breathalyse… and as such they did not commit a crime as they were not caught in the act)

    Your side of the story will be easy, the person gave you their details, abandoned their vehicle and left the scene…
    What they say on their side of the story is not important to you as long as you are not out of pocket and your property is restored to its original state.

    Obviously if you want them off the street then what you've done is the right path. This is just an alternative path.

  • suchislife12 on 05/12/2017 - 05:16
    +9

    Hate to be the bearer of bad news but it's highly unlikely that you'll see a cent for your trailer.

    Europcar has voided its insurance with the driver of the car which means they will in no way shape or form cover your loss. They'll probably make an attempt to recover their own loss through the drivers credit card information provided to them. Car rental companies tend to be self insured as a side note. The onus never rests with the owner of the car unlike suggested above rather it rests with the driver of the car.

    The only way to recover your loss will be to sue the driver and this will have its own issues. The Police will provide you with his information as required but you'll find that before your day in court this person will most likely be on a plane back to Korea. He's unlikely to face any form of punishment for drink driving other than a fine and licence suspension (whatever licence that may be) and this will settle before your case makes it to small claims. He will then go back to Korea avoid paying you and live happily ever after. This is of course if he is not a PR and is simply planning on going back there.

    Doing the right thing sucks sometimes.

    Edit: This is info from 3 years of legal training (so far) at an Australian University. Some of these other people have no clue what they're going on about.

    • [Deactivated] on 05/12/2017 - 05:35
      +5

      Yep. I read the OP's part about being offered cash in hand and thought 'take the cash'.

    • Wallyt99 on 05/12/2017 - 07:13
      +7

      Rule number 1 law student - dont provide advice until actually qualified. Rule no. 2 - chase the money (i.e go after whoever has money). A letter of demand costs nothing. Payment is more likely from Europcar.

      • Wallyt99 on 05/12/2017 - 07:22

        Oh and just to make my point… Here is an exert from a NSW legal aid brochure -

        "You’ve had an accident
        Whose fault is it?
        Any driver who fails to take
        reasonable care is responsible for
        damage caused in an accident.
        It is not always easy to decide;
        sometimes both drivers are
        responsible.
        Even if the police do not charge
        you with a driving offence, it does
        not mean that you are not
        responsible. There is a difference
        between a driving offence (criminal
        responsibility) and responsibility for
        damage (civil liability).
        If you own the car but somebody
        else was driving it, you can still be
        responsible if the driver is your
        agent and was at fault. (eg. a friend
        was driving while running an errand
        for you). In this situation, the driver
        is still equally responsible"

        This is EXACTLY why you dont provide advice until qualified. Because a qualified lawyer is smart enough to know what he doesn't know.

        • Wallyt99 on 05/12/2017 - 07:28

          Oh… And the claim of the insurance company that they can avoid the agency claim because of drink driving fails because drink driving is an unauthorised means of an authorised act (driving). Does not invalidate the agency relationship.

        • whooah1979 on 05/12/2017 - 07:56
          +9

          else was driving it, you can still be
          responsible if the driver is your
          agent and was at fault. (eg. a friend

          So you're going for vicarious liability? Was the Asian driver representing europcar at the time of the collision?

        • Wallyt99 on 05/12/2017 - 10:25
          +1

          haha… ok I should follow my own advice… http://www5.austlii.edu.au/au/journals/QUTLawJJl/2004/18.htm…

        • suchislife12 on 05/12/2017 - 14:37
          +3

          @Wallyt99:

          You quite obviously have no clue how the law actually works. The owner of the trailer has no contract with the car rental company.

          The car rental company has no responsibility to someone it hasn't goT a contract with. They do have a duty of care to make sure their cars are safe to be on the road but that is all.

          The term 'agent' has a very different meaning in the context of law. An agent is someone acting as a representative of the owner of the car. Unless this gentleman was an employee of Europcar good luck with that avenue.

          It's very nice to read wonderful and fantastic things in brouchers but the reality is the court system doesn't always work out the way it states in these brouchers. It's cruel and it sucks and there are so many tactics to avoid getting stung even when you're in the wrong. These brouchers are written by people in the legal industry who fail to realise that people such as yourself will hold a particular sentence failing to understand the jargon behind it.

          Speaking from experience after learning about the law and working in the industry differs from advice. I'm not telling the OP what to do but rather telling them what often happens.

        • Wallyt99 on 05/12/2017 - 16:35

          @tes2131: I'm not so sure that this area of law is so black and white as to suggest I have no idea. There have been many cases go to the privy council and high court on owners liability through agency. That alone suggests it's not a black and white area.

        • suchislife12 on 05/12/2017 - 21:24
          +4

          @Wallyt99:
          The Privy Council? Haven't used that in a long time.

          Stating I was a law student was too verify that I don't get my information from googling on the internet like you have. That doesn't turn my piece into advice all of a sudden.

      • suchislife12 on 05/12/2017 - 14:17
        +2

        I didn't provide 'advice' I stated what happens on a daily basis in cases like this. I didn't instruct the OP what to do. That would constitute advice. Payment is unlikely from Europcar. You're relying on good will.

        • Wallyt99 on 05/12/2017 - 16:32
          -1

          Agree generally on the goodwill aspect - But as said - if there is no chance from the Korean - then why not send a letter of demand to Europcar. I'm not suggesting paying a lawyer to do it (its a $600 trailer!). If it was another company you might get lucky (brand etc) - but Europcar is notoriously bad.

          Re: Advice - I personally think you walked a fine line when you stated you are a law student (validating your opinion to the OP). As said… people will 'trust' things they read on the internet.

        • suchislife12 on 05/12/2017 - 21:26
          +2

          @Wallyt99:

          Validating my opinion didn't turn it into advice.

      • Moneyneversleeps on 06/12/2017 - 22:23

        Rule number 1. Mike Ross
        Rule number 2. Harvey Specter

        Noted

    • MrTweek on 05/12/2017 - 11:07
      +3

      this person will most likely be on a plane back to Korea

      Why does everyone think that people consider leaving the country for good (which usually means giving up your current life including friends and job) over paying a few grand for a broken trailer?

      It's not like he's facing life in prison or millions of debt or anything like that.

      • Wallyt99 on 05/12/2017 - 16:38
        +1

        Agree - it's an invalid assumption. Also there was an assumption he was drunk. If he was not - then he got off without charge - he definately would not want a civil claim hanging over his head which may affect future visa applications. Pursue all avenues to the extent its worth it. Or as Elsa says - Let it go.

  • [Deactivated] on 05/12/2017 - 05:37

    Are the bricks holding up the missing wheel OK?

  • whooah1979 on 05/12/2017 - 08:52

    Op, did you find out where and why the driver was drunk?

    • Findo on 05/12/2017 - 09:18

      Nope, the policeman in charge of the investigation won’t be in until Thursday and I don’t have the Korean guy’s phone number. I only have his address and two quotes, both which call for the trailer to be written off (so far).

      • abb on 05/12/2017 - 12:46

        I only have his address

        Can you go visit?

        You can likely find a young Korean speaker to help you by translating for a nominal fee.

        or drop off your letter of demand (in English), with a Google translation to Korean (marked appropriately, something like "this machine translation provided for informative purposes only, please refer to the original English language version")

        • MrTweek on 05/12/2017 - 14:41
          +1

          Google translation to Korean

          That's going to be entirely useless at best, causing problems at worse.
          Get a proper translation or none at all.

          If they need a translation, they can pay for one.

        • abb on 05/12/2017 - 15:26

          @MrTweek: My thought was that if there's nothing they can understand on the letter, it will go straight to the bin.

          Maybe just google translate something like "important legal document - immediate response required" ?

          OP is in Burwood, there's heaps of Korean speakers nearby that could help out with a decent translation I'm sure.
          (But not to the standards required for a proper legal document, as you say, that's a job for a paid professional)

        • Findo on 07/12/2017 - 11:34

          @abb: I'm not located in Burwood, the reason why Burwood local court was listed is because most matters go to Burwood local court now instead of Ryde.

  • myusername on 05/12/2017 - 09:37

    sounds like he's going to skip country soon.

    best of luck

    • sunnyc on 05/12/2017 - 10:10

      he was arrested and awaiting hearing. He can't skip and to where? south korea? Australia will just extradite him.

      • whooah1979 on 05/12/2017 - 10:25
        +11

        Australia will just extradite him.

        For an alleged drink driving offence. Unlikely.

        • sunnyc on 05/12/2017 - 14:38

          Well he was taken in. How could that be alleged. He must've definitely gone over the limit otherwise he should of been let go

        • whooah1979 on 05/12/2017 - 15:55

          @sunnyc:

          Well he was taken in. How could that be alleged.

          all words any words phrase. allegation. n. a statement of claimed fact contained in a complaint (a written pleading filed to begin a lawsuit), a criminal charge, or an affirmative defense (part of the written answer to a complaint). Until each statement is proved it is only an allegation.

          In law, an allegation (also called adduction) is a claim of a fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions.

        • lethalmoney on 06/12/2017 - 10:59

          He will have a bench warrant and will not return to Australia, more likely.

      • MrTweek on 05/12/2017 - 10:44

        iirc you need to get convicted to at least 1 year in prison to face extradition. Very unlikely if nobody got injured.

        And even if that was the case: Getting extradited does not protect you from paying your fines. They'll make sure he paid off any debt before sending him off.

        • myusername on 05/12/2017 - 12:10
          +1

          if he is on an international driving licence good luck getting him.

          my last flatmate was chinese student, no aussie licence , hired a car crashed it into a bmw and left the country the next week.

          i wish i knew his full name i still want to thank him for forgetting to his laptop.

        • MrTweek on 05/12/2017 - 12:11

          @myusername:

          if he is on an international driving licence good luck getting him.

          But he isn't.

  • wukachuka on 05/12/2017 - 09:57

    How much did he try to pay you off with before the cops showed up?
    Just curious

    • Findo on 05/12/2017 - 14:48

      He didn’t say, doubt he’d have enough to pay for a roadworthy trailer in similar condition

  • sunnyc on 05/12/2017 - 10:09

    Just get it from their insurance company

  • harley on 05/12/2017 - 10:23
    +1

    A few general points:

    1. The driver is responsible and he is the party you have to sue in the civil jurisdiction of the Magistrates Court (you can do this yourself), unless
    2. The driver makes a claim on the insurance he took out with Europe car and the claim is approved. Of course the terms and conditions of that insurance will mostly like exclude unlawful conduct by the driver (drink driving, text driving) which would take you back to 1.
    3. You can contact the police and ask them to pursue Restitution for you, which once the driver is charged and sentenced, means the court will order the driver to pay you back your lost. (Alternatively, the police can request the driver to apologise and pay your lost which will look better on him come the sentencing hearing).
    4. Whether civil claim or restitution, this will take time and if the driver is impecunious or properties etc are *overseas you won't get anything back and screwing him would just mean effecting his credit report for 5 years and having an enforceable order for 15.
  • MrTweek on 05/12/2017 - 10:42

    If he has a NSW licence, he will most likely have been in the country for a while. At least in Victoria, Koreans need to sit a test to get a local licence. You also need to have your overseas licence translated, have a usable address (and show proof of that address) and it takes around 2 weeks to receive the new licence. Very unlikely that someone goes through that for a week long vacation. Do you have a copy of the licence? Check when it was issued/when it'll expire.

    Also, since you saw his licence, I assume you have his address?
    Use that to file claims against him:
    * Get quote for trailer repair/replacement
    * Send letter of demand
    * If nothing happens, take him to NCAT

    Nothing of that will be successful if he leaves the country for good, but since he has a licence, chances are that he actually lives in NSW. Even more likely since he apparently has a job here.
    As people mentioned before, Europcar will probably recover their own damage through his credit card anyway. That means the only thing he could evade by leaving the country would be paying for your trailer and licence suspension + fines.
    He'd also never be able to come to Australia again until he pays off his debt (or he'll get arrested at the airport and forced to pay).
    So if he didn't plan on leaving the country before this, I'd say he probably won't give up his life (including friends, job and maybe even a family) in Australia over a bit of financial stress.

    Also, keep in mind while you probably won't get much money out of Europcar, they are still obliged to help you tracking down the driver.
    Did you ask them for the drivers address? If not, do that now and see if that is the same one as on his licence.
    Also maybe follow up with them to see if they managed to get hold of him/recover their costs.

  • OzzyOzbourne on 05/12/2017 - 12:46

    Better call Saul

  • muchape on 05/12/2017 - 13:33

    If the car was still on the property could you legally keep it till the people pay for the trailer?

  • chumlee on 05/12/2017 - 14:44
    +1

    The trailer looks 10+ years old. How much is the replacement value of it? Few hundred dollars maybe?

  • H E B on 05/12/2017 - 15:44
    +1

    Has nobody watched the RBT shows on TV before? I know it's not a 100% accurate but it wouldn't surprise me if he got hit with a fine and let off. Whether or not he will skip the country before then is another story alltogether.

    Hate to say it Niggard, even though I agree with you all the way I have to point out that there's a good chance he could get away with a warning in court and then do a runner and dust himself off. This possibility also entails you fuming with no compensation whatsoever.

    Absolutely drink and driving is a big nono but I always look after myself first even if that means asking upfront for a trailer replacement and generous compensation for waste of my time instead of having damaged property nobody is going to pay me for after doing rounds with the insurance company and any penalties/fines going to the courts.

    Drink driving charges and fines I think are probably different to civil damages for your trailer. Then again it really depends what he was charged with.

    Good on you if you sacrificed personal damages for the drink driving crusade!

    • [Deactivated] on 05/12/2017 - 16:14
      +3

      Spot on.

      1.The driver and his drunk driving offences are between the driver and law enforcement.

      2.Your damaged property and waste of time is between you and the driver.

      Once issue 1 is settled, whatever the outcome is, you will still be left with issue 2.

      All parties will try to have their jurisdiction or best interest exercised first. Law enforcement will tell you to step aside whilst they have their go at the driver. The driver will want you to step aside whilst they deal with the bigger threat. Before you know it, you've been sidestepped out of your compensation.

  • ToeKnee on 05/12/2017 - 16:16
    +4

    Why do you feel like constantly saying Korean National? What difference does the nationality of the driver make?

    • Hydrool on 05/12/2017 - 16:47

      Maybe his previous post and replies there may give you some insight into his mindset

      https://www.ozbargain.com.au/node/328706

    • Findo on 05/12/2017 - 20:34
      -2

      He barely speaks English, he is a flight risk and he even said he was ‘visiting’ Australia. Although his story doesn’t add up, he is definitely not Australian.

      • whooah1979 on 05/12/2017 - 20:53

        He barely speaks English,

        3.5% of people living in australia that speaks another language have difficulty speaking english.

        he is definitely not Australian.

        australian resident.

        • HighAndDry on 05/12/2017 - 21:54
          +2

          3.5% of people living in australia that speaks another language have difficulty speaking english.

          But what percentage of Australian Nationals? And even then, 96.5% is pretty good odds. >96.5% would be great odds.

          australian resident.

          I think the original objection was to OP calling him a Korean national (aka citizen).

      • ToeKnee on 05/12/2017 - 22:40

        sorry if I cant be bothered reading the whole thread, but how is he a flight risk?

        • sushirais on 06/12/2017 - 11:38
          -1

          He's a spy sent from Kim

  • Tony76 on 06/12/2017 - 07:03

    What was the name of that hit song from the movie Frozen?

    • pao2x on 06/12/2017 - 13:03

      Be a man?

      • juventino on 06/12/2017 - 15:38

        do the right thing

        • jlogic on 06/12/2017 - 19:01

          Buy the bag?

    • Baysew on 06/12/2017 - 19:01

      The Trolls?

      • Tony76 on 06/12/2017 - 21:21
        +3

        It was "Let it go".

        It's a crappy trailer, by the op's own admission. 2 pages of bullsh1t later….I mean really?

        First World problem….just let it go…

        • Baysew on 08/12/2017 - 11:59
          +1

          Not knowing the name of that hit song from the movie Frozen, seems more of a First World problem.

  • Needles on 06/12/2017 - 14:32
    +1

    Why you call the police? why you want screw the driver over? if i were you, given that this guy didnt run away and tried to make a deal with the help of your korean neighbour, i would ask money on the spot. Now you screw yourself up which seems not clever

    • juventino on 06/12/2017 - 15:40

      because OP was disturbed during his intense crap session in the loo. That shit is priceless.

    • Findo on 06/12/2017 - 23:07
      +1

      Because drink driving and texting behind the wheel should never be tolerated. What if he hit a person instead of a trailer?

  • gccmelb on 06/12/2017 - 16:49
    +2

    Maybe next time keep your trailer on your property.

    • Findo on 06/12/2017 - 17:45
      -1

      Why? There’s not even enough space to park cars on my property and in the past we’ve been parked in by inconsiderate assholes. The trailer provides some buffer space so no one can park us in and it’s legally allowed on the road anyway. Go troll elsewhere.

      • WreckTangle on 06/12/2017 - 19:27
        +1

        Interestingly, if it was a boat trailer it might actually have been illegal parked…

        https://www.olg.nsw.gov.au/boattrailers

        • Findo on 06/12/2017 - 19:34
          -3

          Our trailer is only useful for preserving some buffer space so our driveway doesn’t get blocked. Well worth the $70 odd dollars it costs to register it

        • gccmelb on 07/12/2017 - 17:07
          +1

          @niggard:

          So wait, you complain about your trailer getting hit up but joyfully brag how you block the spot near your house with your trailer?

        • Findo on 07/12/2017 - 17:19
          -2

          @gccmelb: it’s not like there aren’t other spots within 5m of the trailer. It’s about ensuring access to my own (profanity) driveway.

  • Dont Care on 06/12/2017 - 20:21
    +2

    by your own admission it's worth 0 yet you're hellbent on getting money out of it.

    • Findo on 06/12/2017 - 21:01
      -1

      Even if I get $200 from him it’s better than nothing. It’s not worth $0, it’s worth the value of a roadworthy yet rusty trailer. Right now this trailer is indeed worthless because it is no longer roadworthy.

  • Bangersnmash on 07/12/2017 - 14:00
    -1

    I would of taken cash, Koreans have lots money! now he prob flee kiss goodbye anything.

  • alxr0101 on 07/12/2017 - 16:08

    Have to ask….were you on the loo in the trailer?

    And did it escalate into a Number Two?

    • juventino on 08/12/2017 - 22:14

      yes…bur it shot up the other end :)

  • alxr0101 on 07/12/2017 - 16:16
    +2

    Europcar will likely send you the ( defintitely inflated) bill for your parked trailer running into their precious, pristine pos vehicle.

    Meanwhile their POS vehicle is already stuck back together with magic Europcar tape and is now out earning them thousands more in damage charges whenever their customers return it.

    https://www.google.com.au/search?q=europcar+insurance+scam

  • snook on 07/12/2017 - 22:03

    Dealing with any kind of insurance is painful.

    I would have taken his money, a photo of the rego and dobbed later.

  • zuuutoootuuu on 07/12/2017 - 22:39
    +2

    you should have taken the bribe money he was offering, now you're potentially not going to get paid for the damaged trailer.

  • JediJan on 11/12/2017 - 02:44

    Some years back a trailer was left parked in our street, near a corner, for a couple of weeks. I thought it was a bit dangerous for unwary drivers as the street is not very well lit and narrow in places. (No excuse to hit anything parked on the road of course; definitely driver's fault). Some drivers speed and do burn outs down the bottom of the street on some weekends too, so was like an accident waiting to happen. I was relieved when the trailer finally disappeared but found out later it had been stolen. I imagine the owner would not have received any insurance for it either.

    Sorry, don't know how you will fare getting damages paid to you. My inclination would be to ask the driver's boss for assistance, and take what you can get. Not all people are difficult when it comes to paying for the damage they caused. Europcar insurers sound rather pathetic mob and I would never hire a vehicle from them. Would have thought your own insurer could have been more helpful though, even though the trailer was not covered at the time.

    • Findo on 11/12/2017 - 10:09
      +1

      I’m seeing a free lawyer provided by my uni today. The lawyer mightn’t be the quality of lawyer I’d want getting me off a murder charge or even doing due diligence, but for a simple letter of demand and a potential small claims court appearance he’ll be fine.

      • JediJan on 13/12/2017 - 01:24

        That sounds like a good plan; wish you well. I don't think the Koreans would want to risk re-entry Visa problems to travel to Australia in future. I imagine they would want to settle soon rather than make unecessary waves and go to court.

        Had an insurance company support me in court once. Taxi driver (owner), from behind my vehicle, tried to overtake me on left as I waited then left to complete a left turn into left lane on highway. I did check over my left shoulder for any bikes; none, and his car was behind mine at the time I moved off. He just misjudged which lane I was moving into; stupid accident. He claimed in court he was parked (ahem ?) and I hit his! Although no one came forward at time of the accident (not serious) to offer any help, he managed to produce one in court. He said he had never met witness before … another taxi driver … who under questioning even gave his nickname, said he knew him, and even stated he would not go to any further court case. Long story; as witness did not change his story about witnessing accident I lost (for my insurance company).

        Just thought I'd give my own personal experience of court (I realise yours shouldn't be turned into your fault like mine did though). Apparently would have had to prove an "error at court" to have taken the matter further. Others told me at the time that taxi drivers simply don't lose in court. I did not know he was owner/driver at the time.

        I am sure others could tell you some similar stories. Good luck.

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