Drunk driver demolished my car!

[bobson]

On Saturday night I visited friend and parked my car just behind his on his driveway. I should point out I was completely off the street for about half a meter. Next to his car there were another 2 cars that belong to his sons and another car parked on the street. About 10.30 PM we heard big explosion and we thought someone dropped a bomb in front of his house. We all run out to see whats going on and I couldn't see my car any more? I thought someone stole it. Then when we went further I saw my car completely demolished and turned sideways against his sons cars. Further down there was Toyota Celica completely smashed, we rushed to the car and opened the door to help a driver. She was crying and saying she is sorry for what just happened. It was obvious she was very drunk! Amazingly she was able to walk and talk to us like nothing happened. But then when she saw the damage she caused she almost collapsed so we called ambulance and police. Ambulance arrived first and they couldn't believe she is in one piece when they saw what happened. Police arrived and they couldn't test her for breath test because she was hysterical at this point and they had to take her to hospital where they confirmed she was very drunk. Police put yellow stickers on all damaged cars. She damaged 5 cars including hers but my was the worst damaged and according to police its write off. Her car is write off as well. Why she suddenly turned right into my friends driveway and crushed all those cars is unknown. Police said she probably fell asleep.

Now, I have third party insurance only. She is insured but police said insurance wont pay because she was drunk? I called my insurance (Budget Direct) and they said I have to do it myself because she has insurance? They said if she didn't have insurance they would help me with her paying me for my car? This doesn't make sense to me? We called her insurance and they said she didn't lodge her claim yet even tho we have police reference number and report. They said they have to wait for her to lodge the claim. Everyone is saying her insurance wont pay because she was drunk? And that we have to sue her to pay for damage? We have all her details, including her insurance (AAMI) policy number, driving license number and police report reference number.

What can I do in this situation? How can I get at least some money for my car? It looks to me that as long as you are drunk no one can do anything about it. Drunk people have more rights than we do.

BTW she visited my friend yesterday afternoon and said she is sorry. He told her she has to pay for all the damages and all that, she said she will be in contact, but when he tried to call her today as soon as he said who is calling she hang up!

This is so frustrating. And I need new car as well.

bob

[alocky]

I went through a similar experience years ago. You will have to write a letter of demand to her, I'd also send it to her insurer, but ultimately you may end up in the small claims court. I'm pretty sure the following link should get you pointed in the right direction.

http://www.legalaid.wa.gov.au/InformationAboutTheLaw/CarsandDriving/accidents/Pages/NotUsingInsurance.aspx

Sadly, even though the probability is that she will be ordered to pay, it's likely that she will suddenly have no assets, no income, and the court will do nothing.

[hotspur]

Really awful stuff,hope you get it sorted,and a vehicle back.
Its something like this that can really set a person back,a family around here years ago,had something happen to one of their cars-he could not get to work,it strained their relationship,it generally appeared that from that car they had not been usable-it sent a downward spiral through their whole lives.

[alpharipper]

Sorry to here you have had this happen to you.

It will depend on the insurance company and how they view it. In past. Some will pay out on all damage to OTHER property caused by one party. In this instance they will payout on your vehicle and the others and not HERS, and then sue her for damages. This will cause her issues for the rest of her life if they do.

In more recent years they have stoped this practice for a couple of reasons, they never get their money and under some world laws its not good practice to destroy lives.

Your best bet is to take legal action against her and try and recover money. This will be costly to you, and if you win and the court awards you cost, which means she pays repairs, replacement and all court cost and legal fees, she can walk out of court and claim bankruptcy.

No one will win at this stage. Depending on the value of your property I would consider moving on and putting it down to a bad experience. Considering the fact you only have 3rd party, was the vehicle worth much, and also would say there was probably no hire purchase on the car (loan). they asked it to be fully insured if it did.

In practice I totally empathise with you and she should get what is coming to her and should have to pay. Don't let it consume you, it will take years for you to get a payday if you get one at all. Min 10K for legals an you could use that for a new car.

Please don't think I am having a go at you, but way up options before you decide.

In the grand scheme of things no one was hurt and you are all breathing. I have scrapped to many people of the roads that have been killed by bloody idiot drunk drivers.

Move forward and be stronger for it.
Andrew

[torana68]

Third party , depends on what you paid for, normally it only covers you if you hit someone else. So consider yourself uninsured for this incident. If she was over the limit she won't be covered by insurance. You can take her to court but for now I'd look onto making a claim on her insurance till she is proved to be guilty of DUI. You will have to visit her insurance company and demand to claim on her policy. This probably won't end well for you.
Roger

[multiweb]

Wow that sucks Bob... :rolleyes: Yeah third party may not cover you for this. I'm with Budget Direct too but full comprehensive. The kid rear ended a 4x4 recently and they were very good about it. Same month some dude took me sideway in a round about from the left and again no drama. My cars are over 10yrs old. So border line write-off. They fixed them both and stayed under the street value which is bugger all. TBH I don't know how they've pulled it off so they're pretty accommodating. In your case I'm not sure if your policy covers you for this unfortunately. As Roger said if you go to small claims you're going to feed a lot of solicitors and go nowhere. You'll be worse off. Your best bet is to talk to her directly and try to work something out or go through some compensation lawyer but not via the insurance channel because by the book and fine prints you maybe out of it.

[graham.hobart]

Mate, I just went through the small claims civil court in WA (PERTH) for a missing mount and it was pretty painless. Cost $81 to lodge the affidavit and the initial claim, did a couple of listing conferences by phone and have been awarded the value of the mount. As others have said though, actually getting it back is another thing entirely.
When I spoke to the legal guys down here in Tas, they didn't have a high opinion of court appointed bailiffs to get your money back.
However you can apply and put a means enquiry on the lady if you have a name and address and and also apply to block further credit applications from her and also put a salary block on her if she is employed to get your money back.
It is all in the WA paperwork on line.
There are ways and means but also she has lots of wriggle room to avoid paying.
Depends if you want to pursue on principle. Most council officials can sign your affidavit and get the ball rolling.
Good luck
Graham

[cfranks]

Going to hospital after a vehicle accident means a compulsory blood test for her. You won't get any help from AAMI until the results are in. I rolled my car off the road in April, not drunk, just a moment's lack of attention but the blood test result took 5 weeks to arrive!!! AAMI took a further 4 weeks to pay me for the write-off!!! :mad2: I live in a place with no shops, services etc and the nearest bust stop is 10Km away,so it was a bit of a difficult time for me. Hope you get better service..

[multiweb]

Some policies allow you to have a rental/courtesy car as a replacement for the period you're without one. It's optional but worth your while if you're in a remote area.

[jjjnettie]

If the insurance companies give you no joy, get your solicitor to write up a letter, asking for payment, giving her the option to pay off her debt.
While you won't get your money all at once, you will get it back eventually. Set up a separate bank account and get her to automatically direct debit $20 a week into it. (or what ever amount she can reasonably afford)

This is how my son is paying off a debt he owes over a rearender he was involved in.

[deanm]

Driving uninsured?

That's not even the half of it!

http://www.abc.net.au/news/2013-07-23/driver-charged-over-car-with-no-steering-wheel/4837680

Astonishing what some folk think is ok....

Dean
:screwy:

[multiweb]

:lol::lol::lol:

+ hit and run + drug charges. Priceless.

[GrahamL]

Good luck with this Bob and thank goodness you weren't just leaving or about to get into the car when she lost it .!

went through this many years ago , and the at fault driver paid up on the damage and moved on with a pain in wallet.

If this person is employed , had a reasonable income , and the car had some finance attached , she may not want to or be able to just run
away from her actions .

A work colleague of my wife went through a fence and wiped out a new 30K car, and got done for resisting arrest to (idiot ) , but still chose to refinance the loan and pay the damage out over many years .
Which as JJJ mentions is an option for some closure of this in time .

I'd definitely ring her insurer, and bump the call up to a superviser or three to as well to get an idea what they will likely do with a claim .

again

good luck

[Ausrock]

Have been wondering what happened about the mount problem.

[bobson]

Thanks everyone for your response and support. A lot of ideas and suggestions.
My cars market value is probably around $1500. But that was my transport to work.
There is also moral issue here. If I don't do anything about it and she gets back on the road and kills someone then I would feel guilty because I could've done something to prevent it.
As Graham said, if I was in the car at the time of accident I probably wouldn't be around or maybe in hospital with broken bones.
I hope police will also press criminal charges against her and suspend her license. One drunk idiot on the road affected 4 innocent people.

I don't even know how am I going to get those quotes for damage when I have to load the car on truck and get it to at least two panel beaters. That will cost me half of the cars value.

But if I want to do anything about it I need those quotes first.
I understand I have third party insurance only but insurance would have much more chance of getting her to pay than we do.

As I mentioned before, it would have been better for me if she didn't have insurance at all, in that case my insurance would recover at least part of the cost of damage to my car:

This way I most likely can't do anything, insurance wont do anything, her insurance wont do anything because she was drunk. It looks like everything is on her side and against us the victims. This is why we have repeat offenders until someone gets hurt or killed.

cheers

bob

[Satchmo]

If your car was only worth $1500 then you need to just get on and get another vehicle. Its worth trying to get some compensation from her - but you wont be able to go far as solicitors are $400 plus an hour .

Years ago my first car got written off by a rear end collision from an unmarked police car . NRMA valued the car at $1500 before and 6 months later the GIO via police dept paid me $500 ..hope you do better !

[ourkind]

Sorry you're going through all these dramas Bob. Just a stab in the dark I'm no expert in these matters but could your car be covered under your mates home/contents insurance seeing as it was sitting on his driveway?

I'm pretty sure had you personally been run over whilst standing on his driveway his home (personal liability) insurance would pay, but I could be wrong :question:

[GrahamL]

talk to the wreckers and the tow truck driver if that's where the car is going ,they should be able to organize something regarding repair quotes .

[Satchmo]

Just an additional point here about insurance claims- the car at $1500 value is a write off - its not going to get repaired - a minor ding on a door would cost that these days. All you can do is get another vehicle and if you get anything back down the track you are ahead.

[multiweb]

You'd be surprised. My kid's with budget direct. He rear ended a big 4x4. New bonnet (folded in 2) , sides x2, front x1, optics x1 and all the bending bit work. 97 model excel. They managed to fix it under $1.5k and they did a good job too. Although I think he got bloody lucky and learned his lesson.

[Satchmo]

Wow I had a small ding the size of a 50 cent piece on my new car and the quote was $650 cash - I ended up getting it done on insurance for $600 excess as I have a permanent no claim bonus- the panel shop said they would charge GIO $1200. The whole panel has to be resprayed of course.

Your son can't have got the painting done for that price as well ?

[multiweb]

I know. Unreal. Everything. And it's a metallic teal green paint. They had to blend it in from front to the doors. I told him not to take the experience for granted as this was pretty much like winning lotto. :lol: When I first saw the car my immediate thought was: "yep... scrap metal". Still don't know how they squeezed it all in. He's on full comprehensive with budget direct which is AGIC.

[bobson]

UPDATE

A lot of crazy things were happening since the accident. First the drunk driver reported my friend to police and asked for restraining order. He is supposed to attend court on 21st August. She is complaining that he called her too many times and sent messages. But she never responded to any. I sent her one message letting her know that I organized 2 quotes of damage on my car and both are saying its a write off. And if she doesn't respond I will write her official letter of demand and then take her to court if I have to to recover my loss.

She finally responded with message and even called me. She is saying she has lost her job and that she was kicked out from the house because she can't pay rent and a lot of other bull dust stories so somehow we should feel sorry for her and her situation?

She also called my friend and told him she will go and ask for restraining order to be canceled and that she is sorry for what she has done.

Now, she also said she wants to come to his place tomorrow night where accident happened and talk about ways how to pay for damages. She pointed out she can only pay small amounts per fortnight because she will be on Centrelink.

The good news for me is that my insurance is considering paying me for car even though I had third party only because technically she has no insurance since she was drunk. But that's still under question. My friend in other hand has no insurance at all for his sons car and have to ask her to pay for damages, around $2000

What is the best way to do this? How do we organize her to pay for damages or keep paying till its paid in full? Does anyone have idea about this kind of thing or had similar experience?

cheers

bob

[wasyoungonce]

Don't sweat it Bob...the tosser is just trying to throw the Hounds off with threatening court action.

There is no way (http://www.magistratescourt.wa.gov.au/R/restraining_orders.aspx) a Magistrate would entertain or uphold any such request in fact they will be in for it for wasting the courts time!

[multiweb]

No money to pay for damages caused but enough to start legal action. Tosser indeed... :rolleyes:

[Satchmo]

Soliciters cost $400 p/h - you would never take this one to court over such a small amount of money . If you can get some agreement with her to pay some back over time well and good but if you ever see anything from her I will be surprised if she is on Centerlink - who can even pay rent and eat on Centerlink ?

[Satchmo]

Anyone can walk in to a local court and fill out paperwork for a restraining order - it doesn't cost a cent :)

[wasyoungonce]

Yes that is true...but...if the Magistrate believes this is vexatious then they take a very dim view of this as this is a misuse of the courts time.

The owner of the damaged vehicle has a right to contact the person in question for re-recompense, as long as they keep their contact it civil.

Really what is at stake is obviously the tosser is not going to pay so the owner will have to file civil proceedings. Since we are not talking tens of thousands then the bogan is gambling on this all evaporating due to costs to the owner of obtaining legal representation. Don't the bogans know how to play the system:mad2:.

It would be cheaper to hire Nick Gatto to retrieve the recompense.

[PCH]

Back in the day when I was first in business, about 1992, my accountant did something wrong that cost me about $10k.

I made inquiries about reclaiming the money through court action and was told by a lawyer to just put it down to experience and move on, as it would likely cost about the same again to put a good case forward - then with no guarantee.

It's hard to come to terms with the fact that some tool can cost you these sorts of amounts. But sometimes, just letting go and moving on is all you can do.

[AstralTraveller]

So you know that she in fact hasn't lost her job and hasn't been evicted? How do you know?


What is really obvious isn't the woman's motivation or plans but that there are some unsupported assumptions being bandied about.


Probably had the whole thing planned before she had the first drink. :rolleyes:


:screwy:
If this isn't irony then it's an extremely irresponsible suggestion.

It seems to me this woman has done something very silly and irresponsible. As a consequence she has harmed innocent people but also caused herself considerable harm. She's has got herself in a hole and, even with the best of intent, it will take her a long long time to get out of it. She's out of work, homeless, in deep debt and shouldn't be on the road for a few years. Fair enough but lets try to maintain some perspective. She hasn't shot anyone. Honestly, there's people around here who'd hang litterbugs.

[wasyoungonce]

The comment was tongue in cheek ....no need for moral compass check:rolleyes:

[multiweb]

This is actually true. Most people don't realise that any mistake done by their tax agent is not the responsibility of the accountant. It is clearly outlined somewhere on the ATO website. Not that it's fair but that's how it is. Ultimately the ATO will knock on your door and fine you. They don't care how you got there. I've experienced this a couple of times too.

[bobson]

So what are we suppose to do? Wait till she kills someone and then act?

Like this people:

http://news.ninemsn.com.au/national/2013/08/03/12/18/family-forgive-drunk-driver-who-crashed-into-their-tent

A NSW family who had their lives forever changed when a drunk driver crashed into their tent as they slept and dragged them along the ground have said they forgive the culprit.

Alexander Renshaw, 20, yesterday was sentenced to a minimum of nine months' jail for two counts of aggravated dangerous driving occasioning grievous bodily harm and causing bodily harm by misconduct in a motor vehicle, the Illawarra Mercury reports.

Renshaw told Wollongong District Court he drank around ten beers at a birthday party on September 1 last year before he crashed through a steel fence at a Kiama caravan park and hit the Wilson family's tent.

Father Bruce Wilson, his wife Gill and their children Emily, 7, and Oscar, 4, were asleep in the tent when it was struck.

Mrs Wilson was airlifted to Sydney's St George Hospital in a critical condition with rib and vertebrae fractures and spinal injuries.

The children sustained bruising and abrasions and were taken to Wollongong Hospital along with their dad who suffered a fractured pelvis.

or this one:

http://video.news.ninemsn.com.au/?videoid=11ef2247-fb2b-48bd-9bdf-3c4bc35b4e04&src=widget:suggestedVideos

December 05, 2012: A US father has filmed himself making an emotional plea from his daughter's hospital bedside where she lies hooked up to tubes after being struck by a drunk driver. 5 Dec 2012 | 108317 Views

**

I have no sympathy for drunk drivers. I really don't care much about the car, I bought another one already. Cars can be replaced but peoples lives can not.

I will do everything in my power to make sure she pays for this. Especially now when she didn't even turn up for meeting she organised! I called her number after 40 minutes waiting in case she was stuck in traffic or some other excuse. Guess what, someone else answered her phone, I asked to speak to her (name) the person said let me check if she is here. He came back saying she went to dinner with friend!

I asked how come she hasn't got her phone with her the person answered she probably forgot it. I told him we are waiting for her and if he can tell her that. A few minutes later she calls me saying all the same bull**** how she wont be able to pay because she cant work any more because she lost her car and licence. I said use public transport like all 4 of us had to do after she demolished our cars or ask mate to give us a lift. She said, nope, she will go to Centrelink so that way we can't do anything because she wont have money to pay us!

And a lot of other crazy things just to make you more upset. No remorse at all!! I asked her what happened to that restraining order, she meant to take it off my friend, she said she couldn't do it over the phone and have no money to go to court. I asked her why did she do it at first place she said she was annoyed with calls and messages to which she never answered. Then after my friend was served with notice from police to attend court on 21.st she calls him asking for meeting and talk how she could pay the damages. We thought finally she came to senses but no, she didn't bother to turn up at all.

And then out of blue she said oh yes, the reason I asked for restraining order is because two man came and threatened me and my friend? Like someone was telling her what to say and make up stories as she goes?

Mate, this person deserves to be punished as much as possible before someone else pays with life because of her drunk driving.

If she showed remorse, that she care at least a little bit we would say, ok everyone makes mistakes but no. She thinks she is a victim!

Mark,

You mentioned lawyers and how they cost $400 per hour. We don't need lawyers for this case. This case is clear, police said so too. Even if we need some we can find "no win no money" lawyers. Like this ones: http://hoffmans.com.au/

cheers

bob

[GrahamL]

Bob what shes up to is plain wicked ,its maybe worthwhile talking to the police about what she doing as it seems she is trying to BS her way out of dealing with you guys , your friend having to front court for a
drink driver destroying his property and trying to contact them is, well past this individual ever doing the right thing imo , watch your back with all this contact stuff as its likely going along with the avo in some shape or form .



Is she really unemployed and on benefits ?.

If her car had finance she will have to keep paying the loan or default !

And she will have to pay the fines .

somewhere in there theres some truth , good luck trying to sort it out

[sophie]

This is pretty inflammatory. Bob did nothing wrong and has every right to expect the other party to take responsibility for their actions.

Your part is pointless victim-blaming for no other point than to get some attention.

Grow up.

[bobson]

UPDATE

Yesterday, my friend and myself went to court for restraining order drunk driver put on him. And she didn't show up! What an absolute idiot this person is! And then I read here some people telling me how I am on some kind of crusade or who knows what? Makes you wonder what are the motives of this kind of people talking like this?

Good news for my car though. Since she was drunk and her insurance doesn't want to pay because of it she is technically uninsured. I told this to my insurance since they would pay me up to $3000 dollars if other side is uninsured. They accepted my claim and payed me $2000 dollars even though I had third party only. And now they will chase her for money!

My friend is taking her to court to recover money for his sons car. Frankly, I doubt she will show up for this one either.

cheers

bob

[bigjoe]

Bob. Don't let this eat you up.

It is one of life's sour stories we all go through at some stage.

But you're going to have to move on, and get on with your life.

Yes. She could end up killing someone if she has a drinking problem, but thats the

system, and there is not much we can do about it.

Cheer up and be positive.

Bigjoe.
:)

[ourkind]

Hey Bob! Good to hear that your insurance company came through for you, give them a plug - they deserve it :thumbsup:

[bobson]

Yes they do deserve it. And I told them already big thank you and that I will stay with them as a customer.

I am also very tempted to reward myself with some astro gear since I wasn't expecting to get paid :) But usual bills and rego for other car is here so I might just relax for now.

cheers

bob

[multiweb]

Good to hear it all went well. Looks like the system's working. Being drunk she had no where to go then.