Totaled my car - cab driver denies foult, need advice.

[leftang]

I drove home from a wedding saturday night, (down Alison rd in Coogee for the locals). Going down a hill at 50khr, I notice a cab with hazard lights on sortof stopped/double parked on the left side of the road about 100 m ahead. I bring my car out to drive past the parked cab, but as i do so, he suddenly decides to do a sharp uturn. I slam the brakes, slowing down from 50 to 30, at which point in time his car is at right angle to the road right in the middle of it, and he watches me crash into his driver's door. Police came to the scene minutes later and took down separate explanations, we exchange details and drive off. I had 5 ppl in my car, but luckily nobody got injured.

My panel beater believes my car is a writeoff ('97 mitsu mirage), however i can still drive. On contacting the cab driver today, asking him to contact his insurance company for a claim no, he denies foult. I do not have comprehensive insurance, hence it is up to me, not my insurance company to lodge a claim to him, which I believe is in the sequence of 2 separate letters of demand, followed by the small court.

I really need advice here, as I am a medical, not a legal person. My dillemma is that I am going overseas in 3 months time, and I believe a court case can drag on longer than that.

If there are any lawyers or people skilled in traffic rules, please advice me, and give me your opinion on how to proceed with this matter. Please do not hesitate to reply, PM or email me.

Best regards from a fellow mountain biker.

[Rik]

What do the police say about this? Has the cabbie had a ticket written out against him?
Because I think that'll be crucial in this matter.

[steamfrog]

did the cops give him a ticket for doing a u turn? When u got out of the car did YOU or him say sorry, unfortunatly in some cases the person who says sorry will get the blame, why else would you say sorry.

Did you get ALL the details from the cabbie, ie is it HIS cab or does he drive for someone else..

It will be in the police reports that will be read out in court about how he told the cops he pulled a u turn. Dosent matter what the driver says if he is responsible or not as the cops have the details of who did what.

I had the same thing happen to me and she just totally ignored my letters so i sued her in small claims and got everyhting PLUS the mototrbike back albeit in bits but i still got it..

Get your insurance company involved.. do NOT send any letters of demand or anyhting that can be used against you..

Thats what i did and got a good result.. And yeah it might take 3 months.. dont tell HIS insurance that your going overseas or they will postpone the case till you have gone.. there assholes that way..actually in everyway.

Oh and you have 5 witnesses.
your doing ok

[leftang]

Thanks.

There was certainly no sorry's being said. Police arrived and took down details, but they did not actually see the accident. I think i got all details, his name, address, phonenumber, cab company, cab driver rego, car rego, insurance company. Pluss one of my passengers took photos.

I did not see the cops issueing a ticket. They took down our separate stories. Don't know what his side of the story is, but then again, I don't see how it can be viewed differently.

Good point about not telling him I'm going away. I'll get started promptly and call the right ppl tomorrow. I did call my third party insurance company wich is NRMA, but they said it's up to me, not them, as what I'm claiming is damage to MY car, which is not covered in my policy. Damage to his car is covered by my insurance had I been at foult.

[Shintaro]

Here is my story of a simmilar incident which happened to me.

One night I was turning right into a friends driveway when a car locked up behind me and hit the right hand rear of my datto as I was turning (even though there were 2 unmarked lanes).

I took photo's of the skid marks the next day (they showed a lock up for about 10m, then my cars tyre marks when the collision occured).

I recieved a letter of demand from the driver and a court summons. He was claiming that I pulled over to the left 1st then pulled out again and into the driveway which was a lie (from the diagram he supplied, he would have hit me almost side on, where he basically ran up the back & totalled my 120Y).

I passed the claim on to my lawayer and went to court to counter the claim and I won!! Evidence I used for the court hearing included the photos of the skid marks, statments by me and my two friends in the car plus I also hired the services of a specialist who analysies crashed cars. I received payment for all of my court fees, plus a payment for my written off 120Y.

[tu plang]

Here is my story of a simmilar incident which happened to me.

One night I was turning right into a friends driveway when a car locked up behind me and hit the right hand rear of my datto as I was turning (even though there were 2 unmarked lanes).

I took photo's of the skid marks the next day (they showed a lock up for about 10m, then my cars tyre marks when the collision occured).

I recieved a letter of demand from the driver and a court summons. He was claiming that I pulled over to the left 1st then pulled out again and into the driveway which was a lie (from the diagram he supplied, he would have hit me almost side on, where he basically ran up the back & totalled my 120Y).

I passed the claim on to my lawayer and went to court to counter the claim and I won!! Evidence I used for the court hearing included the photos of the skid marks, statments by me and my two friends in the car plus I also hired the services of a specialist who analysies crashed cars. I received payment for all of my court fees, plus a payment for my written off 120Y.

im the first the scathe at one line posts but...

PWNED :!: i bet he felt like a dick after that outcome.

[leftang]

ok, so what do I do, and how do I phrase my letter of demand to him? Is it a matter of getting the quoute from the panel beater, explaining to him how it was his foult with reference to some paragraph (where?) Or is it worth getting a lawyer?

[parallax]

Small note:
Make sure you spell "FAULT" correctly.

Good Luck!

[Rik]

ok, so what do I do, and how do I phrase my letter of demand to him? Is it a matter of getting the quoute from the panel beater, explaining to him how it was his foult with reference to some paragraph (where?) Or is it worth getting a lawyer?
Call up the police, see what's happening...

I hit a car the other week, driver turned in front of me. My bike was a writeoff, but I waited until the police wrote her a ticket for failing to give way, now that she's in the wrong, I can go through her or her insurance and ask for some money back. I plan on getting 3 quotes, writing a letter of demand, and sending it to her and/or her insurance company. But at the same time, I'm not 100% sure of the way to go about things.

If the police don't find the cabbie in the wrong, you'll be pushing shit uphill trying to get any money for the accident. So, basically, find out what the police say first, get a quote or few, speak to the cabbie about his insurance, and see what avenue you will go from there.

[naz]

i saw a car crash involving a car in syd, but i cant remember when haha too bad it aint the same scenario, i could have been an eyewitness.

EDIT: i saw a car crash involving a car in syd
INCLUDING a cab :)

[johnny]

Whether he gets charged by the cops and whether his insurance company seeks payment from yours. If he says that you were in the wrong then surely your third party insurance has to be invoked right? I mean he wouldn't pay for his own damage if he thought he was in the right. If it does go to court you may like to enquire as to why he never claimed for damages. Some one has to be in the wrong somewhere.

[danv]

I'm not sure how much money you are out to get, but I would look at getting a lawyer if he disputes your letters of claim.

All this talk makes me want to revise year 11 legal studies for future reference.

Actually also, try a web search, there is probably some nicely summarised info out there on the technicalites of what you should do next. Perhaps a government site?

[Glenn]

your insurence company sounds crap...thats why you got 3rd party insurence with them so if some one does somthing wrong you dont get punished! i would try agin, dont they have inspectors and shit to see who was at falt, the police should be able to wright a stament to the insurence company to who was in the wrong...

dont you just love all this bullshit...

[Grip]

My advice is this... and not meant to belittle anyone here... but DON'T listen to anyone here SEE A LAWYER.

[toodles]

plus a payment for my written off 120Y.

What did you spend the $50 on? :lol:

[rhyno]

My advice is this... and not meant to belittle anyone here... but DON'T listen to anyone here SEE A LAWYER.
Considering that most of the users here are not of the age to have a car or have experience in law dealings...i'd agree with grip. When you win your court case your court fees are paid by the cabbie anyway.

[Grip]

plus a payment for my written off 120Y.

What did you spend the $50 on? :lol:

I nominate this for "line" of the year!

[johnny]

My advice is this... and not meant to belittle anyone here... but DON'T listen to anyone here SEE A LAWYER.

Truly sage advice....

[dhd]

toodles wrote:
Shintaro wrote:
plus a payment for my written off 120Y.


What did you spend the $50 on?


I nominate this for "line" of the year!

I'll second that motion. :)

[Big Kev]

My family runs a small fleet of cabs.

The story with insurance is that, as an owner, we pay a hefty sum of
money each year for just this thing.
Chances are a claim is already made and the owner is already getting a
new car.
The driver will not accept fault, that way he donsn't have to pay excess.

Fight it as hard as you can. He was right angled to the road.
Instantly at fault.

What you should do...

Ask the police if he will be charged with anything.
Sent a letter of demand for the full value of the car, inc quotes.
If no response, contact legal assistance.

Cab drivers are the worst drivers on the road.
I deal with them every day...

[Mahoney_007]

Fucking wankers

A taxi driver hit me, I was a P plater he denied it was his fault, guess who the cops pinged for it?

8 years later I've paid about $1000 off my $12,000 bill.

A little lesson for all you P platers GET INSURANCE no matter how much it fucking costs.

[S.]

My advice is this... and not meant to belittle anyone here... but DON'T listen to anyone here

Including him ^^ ;)