friend's car totaled at red light

mike-s · Post by **mike-s** » Mon Oct 30, 2006 11:51 am

ah joy, so much for reasonable coverage with 3rd party property for others screwups....

anyhow follow ik's lead about a letter of demand.

alexpacer · Post by **alexpacer** » Mon Oct 30, 2006 11:53 am

I-K wrote:
Lainie wrote:Yeap I agree shit a solicitor will charge $1,000 to fill out paper work so I have found out
Plenty of solicitors around who'll whip up and send out a letter of demand without charging for it up front. It's an easy way to build up awareness among potential repeat customers. If you phone a law firm and they ask for up-front payment for a letter of demand, hang up and phone another one; repeat until one who'll do it for free is found.

In any event, legal fees are recoverable from the other party's insurance. You just add them to the claim. It serves as an incentive to settle the claim quickly.

From here, a letter of demand is the go. If she ignores that, you apply to magistrate's court for a hearing. She gets a letter from the court then. If she ignores that, she gets a default judgement against her. If she ignores that, she'll have to change her name and grow a beard to ever get credit again.

Short version, find a lawyer who'll issue a letter of demand for free, or a nominal fee, at least.

We were planning this as the last step, the consultant didn't mention the fee over the phone (i think my friend didn't ask too), this is what we were not sure of, the only thing we don't want to see is the large bill of legal fee.

but if it has to happen, we will fight for that till the end...

Glen · Post by **Glen** » Mon Oct 30, 2006 11:57 am

*edit* I should read all posts before I reply. Listen to I-K he knows what he's on about.

Your mate should have the womans address or alternatively the cops should have it.

He needs to get his car quoted and then send her a letter of demand nominating a time period of 28 days for payment. Doesn't have to be done by a lawyer in the first instance. If she doesn't respond to this you then get progressively more aggressive ie follow up letter from a lawyer (This won't cost megabucks). If she has insurance she will pass it on pay the excess and get on with life. From the sounds of this though I'm betting she don't. If this is the case your mate may be in for a battle and may be screwed.

At that point you either go to court or cop it and get on with things.

I-K · Post by **I-K** » Mon Oct 30, 2006 12:07 pm

alexpacer wrote:
I-K wrote:Short version, find a lawyer who'll issue a letter of demand for free, or a nominal fee, at least.
We were planning this as the last step,

Last step of two.

Step 1 is a phone call asking for a claim number.

Step 2 is a letter of demand following *immediately* on the back of any shenanigans.

the only thing we don't want to see is the large bill of legal fee.

Again, this gets bundled into the claim. "You owe me $10,000 for the car and $3,000 for the solicitor your client being a dickhead forced me to engage."

alexpacer · Post by **alexpacer** » Mon Oct 30, 2006 12:57 pm

I-K wrote:
alexpacer wrote:
I-K wrote:Short version, find a lawyer who'll issue a letter of demand for free, or a nominal fee, at least.
We were planning this as the last step,
Last step of two.

Step 1 is a phone call asking for a claim number.

Step 2 is a letter of demand following *immediately* on the back of any shenanigans.

the only thing we don't want to see is the large bill of legal fee.
Again, this gets bundled into the claim. "You owe me $10,000 for the car and $3,000 for the solicitor your client being a dickhead forced me to engage."

Sorry but i'm pretty new to this, so is the claim number comes from the lady's insurer. Or we are to get someone to quote the car (it's total lost) and figure out the price of it, include it in the letter?

I've searched and found some numbers of law firm in list in case the one we are seeing isn't ideal for us.

Many Thanks for advices again, it's been a great help for us cos we just don't know how to deal with it.

BladeBoy · Post by **BladeBoy** » Mon Oct 30, 2006 1:09 pm

He contacted the lady's insurance company first and was told the lady only had 3rd party insured, they can't do anything if the lady don't claim the damage. Got the lady's number from the insurance company, tried to call her several times but she simply hangup the phone from my friend. And just switch off the phone after few calls.

Mistake number one, She is no lady if she hangs up the phone and refuses to speak to you, stop treating her like one, get the name of the claims person from her insurance company and sue him/her, make it personal and you will be suprised how fast this will move, trust me I have done this with the NRMA,
My claim was settled with a cheque in my hand within 1 hour after months of being rooted around.

Lozza · Post by **Lozza** » Mon Oct 30, 2006 1:21 pm

You might want to suss out these people http://www.carringtons.net.au

mrmina · Post by **mrmina** » Mon Oct 30, 2006 5:11 pm

mate good luck with it all.

i'd recommend what some people said.

if her or the insurer dont want to play ball, go the ombudsmen.

i think thats the only free option

ozx6r · Post by **ozx6r** » Mon Oct 30, 2006 6:35 pm

if the police came to the accident was she charged with n e offence?

Neka79 · Post by **Neka79** » Mon Oct 30, 2006 7:11 pm

yea the police charge might be handy to have also....how old is this bag??

u reckon 20-30 leather clad bikers going round & requesting her to sort this out may help??

not saying we WILL do this..just wondering if u think it would do the trick...lol