Nothing like a little extortion on a Wednesday morning...

[Omaroo]

Nothing like a little extortion on a Wednesday morning...

A letter came in the mail yesterday, addressed to me, from the local NSW small claims court. I opened it and nearly fell over.

Last August, I was in the Sydney CBD near St James, driving to the camera store to pick up my new OM-D. I was stopped at a set of lights about a metre behind a taxi, idling and waiting for the lights to change to turn right. I absentmindedly depressed the clutch and put it in to first to be ready for the impending change. As I did so, my foot slipped off the clutch and I lurched forward slightly - enough to kiss the taxi in front's bumper. I've never done it before, it's just one of those things - an accident.

I motioned to the driver to pull over after we had turned the corner and we swapped details. It was agreed that the damage was entirely inconsequential - a small depression from my offroad recovery loop (approved and blue slipped) and upright on the bull bar. At worst, a new white plastic bumper cover for one of the most common cars on the road, plus taxi company stickers - thre hundred bucks at most. The bumper was already full of scratches, dents and scrapes from being on the job - it was a taxi for goodness sake. I did the right thing and stopped, unlike many would have I suspect - especially since it was a taxi.

Well - my mistake. The letter I received was from the courts, already having being determined without my knowledge over two months ago. It stated that the determination was for the plaintiff to the tune of $7,950 - yes, seven thousand nine hundred and fifty dollars. I nearly feinted.

Luckily, I had taken a few photos of the damage on my iPhone and can prove what damage my car did to the bumper with photos supplied of the contact points on my car. It's easy to see that the damage was negligible. Standards in this country ensure that manufacturers produce bumpers that deform and return to shape for hits at walking pace. I wasn't even doing that at contact. The company that owns this taxi is trying to extort me out of eight grand. My insurance will look after it - and I'll bet they they will run a sword through this company for trying it on so blatantly. This is criminal - pure and simple. If I wasn't insured I don't know what I'd do.

Nevertheless - I have to pay an excess of over $600 today - unplanned. I have fuel debts for the eclipse trip which I'm now going to have to defer for a week or two. On a single salary these days, it's hard to cover everything one's self - let alone having to be hit with this sort of rubbish. Taxi companies - you SUCK.

/rant_over

[MortonH]

Shocking, Chris. Hope they get what they deserve.

[Larryp]

Just as well you took photos, Chris.

[joe_smith]

Funny how they can go to court without your side of the story? Photos of the incident are a life saver. I had a claim rejected for a stolen car they said the damage did not match the police report. They told me the font clip of my car was missing and it was there in the police report!. Lucky for me I took photos of the car in the insurance holding yard with the font clip still on it. They didn't believe me until I said, "I have the photos to prove it". They accepted my claim and I never heard any more of it. Hope it goes well for you, you should sue them now ;)

Edit: the font clip is the guards, bonnet and grill. the car was a Holden HX premier

[goober]

May tell my wife this one. She keeps the clutch in all the time at lights.

Hope this is sorted for you, Chris.

[pmrid]

This raises a couple of interesting issues:

1. How did the claimant manage to get judgment without your kowledge?
2. How did he particularise the damage?

The reason I mention it is that it seems very likely that the conduct of the claimant is criminal at a couple of different levels:

(a) in falsely claiming to have served you with court process - this would have been by way of an affidavit filed in the small claims tribunal; and
(b) in falsely claiing more damage than actually occurred - this would not be just a clerical error - it would be fraudulent and an abuse of the process of the tribunal and also, in all probability the subject of a separate false sworn affidavit.

I would go to the police and make a complaint. This was a blatant attempt to abuse process, swear false oaths and defrad you.

Peter

[Omaroo]

Thanks all - and thank you Peter. I'll do just that.

[Vegeta]

That is absolutely discusting. How could they complain about a simple accident and ask for 8 big ones when the damage barely scratches $300? Thats a waste of a complaint

Good thing you took photos, they may be the evidence you need to make the difference. I hope they get what they deserve:mad2:

[Omaroo]

Yep - bad habit. Even in this case, I had already seen the cross-street lights go amber - so mine would have gone green in a couple of seconds.

[Meru]

Good god that horrible. Really good work on your behalf Chris, atleast you took the diligence to take images etc. I probably wouldn't have taken the pics! But either way, its this kind of dishonesty that really peeves me off... hope you stick it to em' :mad2:

[DavidTrap]

Any possibility this is a scam?

DT

[Meru]

I reckon it would be actually, there is no way it can be 'already decided' in court and then just mailed the costs to you. That taxi driver would have to be the only one who could have scammed you, given the accident was between both of you and no one else could write a letter about it.

I would take that letter to the police and follow it up. That's seriously messed up

[Omaroo]

Possibly David - but the court documents are real. I've made several enquiries with the Downey Centre in Sydney and they maintain that the case number is legitimate.

[DavidTrap]

Strange that the judgement arrives, but nothing to advise you of proceeding??? So much for natural justice...

DT

[AndrewJ]

Gday Chris

One other thing, tho i'm sure yr insurance company will check.
See if you can find out the relationship between the taxi company
and the repairer. IIRC, there was a scam going a few years back where
things like this were "fixed" at mates rates but charged
at gold plated first class rates against the "victim".
Then the victim cant find out details due to "privacy" regulations.

Andrew

[Omaroo]

Indeed Andrew. This is absolutely what I suspect. I've instructed my insurer to investigate this to the fullest.

[TrevorW]

How where you not aware of this ??? sounds like a scam to me

you have a right to defend and judgement cannot be made without your side of the story ???

Your insurance company should be able to help

[blink138]

chris i would send them a hundred bucks and tell them to deal with it!
these pricks tried to rip you off, and if it wasnt for your own diligence in taking a couple of snaps you wouldnt have a leg to stand on
i would let them take me to court and let the judge know how dishonest all of this was
pat

[Octane]

Absolute pricks, mate. This makes me angry.

H

[Shark Bait]

Hey Chris,

Sorry to hear that this is happening to you. The following information might be of interest.

Recently my Wife was reversed into while waiting in the carpark at the local shops. There was no damage to the other vehicle but their towbar left its mark on the front bumper of the family sports wagon. The damage was very minor and the repair costs were dealt with outside of the insurance companies.

Have a look at the image below. The repair bill was around the $320 figure and the work was done to the highest standard. It now looks as good as new. The very minor damage to our vehicle is greater than the damage to the taxi cab. Large companies will 'try it on' in situations like this but they tend to back down when evidence of their poor conduct is thrown back at them.

Hope it gets sorted quickly.

Stu.

[Omaroo]

Thanks for your encouragement everyone. This kind of floored me, because I could never and would never consider trying to do this to anyone. It saddens me to think that so-called reputable companies will attempt to extort what they can from everyday people.

[lacad01]

That's pathetic. Really hope that in relation to the case common sense and justice prevail on your side...

[DavidNg]

Hope things will sort out quickly. Just wonder whats that figure of nearly 8K for? court cost, repair bills, lost of taxi income?

[Omaroo]

Amount of claim: $7,219.90
a) Cost of repairs - $6,798.66
b) Demurrage (loss of income) - $386.24 (4 shifts @95.56 per shift)
c) RTA search fee: $35.00

Interest: $0
Filing Fees: $176.00
Service Fees: 37:00
Solicitors Fees: $513.11

Unbelievable.

[kustard]

Car insurance dramas seem to be common place these days...

Hope you get it sorted quickly and as stress free for you as possible Chris. Be quite karmic if you were able to get something out of them for the hassle to pay off your fuel debts!

[multiweb]

What I don't understand is how they've started a case ruled in their favor apparently without your knowledge because I assume not knowing you didn't oppose it or weren't present at the earing (if there was one). If the case number is valid and it's legit then you have a problem. If the insurance doesn't sort it out then you'll have to chose if you want to defend yourself or attack them back. But one way or the other you'll need a lawyer and it's going to cost more. Only the lawyers win in the end and they're usually not in a hurry to get things moving. Every filing and court appearance costs a bundle and just adds up. I'd start with the insurance see what's going on first. Sounds fishy.

[jjjnettie]

I wonder how many others they have done this to?

[Omaroo]

I don't think it's fishy Marc - simply unconscionable. I believe, after a PM I've received from someone who has a rello in the biz, that this is standard practise. I'm letting my insurer handle it, and all I'm out is the $600 excess. The point of it is that if this goes on all the time, no wonder our insurance is sky high and going up further every year. Buggers...

[GeoffW1]

That sounds good stuff. I hope for the best for you.

Cheers

[multiweb]

Did you pay the excess and lodge a claim before you got the letter from small claims?

[Shark Bait]

The only problem with this is that the damage bill probably would not add up to $600. I suppose the excess payment means that it becomes your insurance companies headache and you can sleep easy.

[Omaroo]

Correct. :thumbsup:

[Omaroo]

I haven't paid anything to anyone yet Marc. This letter was the first I've heard of the whole thing going ballistic. Before that, nothing... I assumed that they had buried it as something too small to worry about. They had my details because I was honest enough to stop, and decided, without my knowledge whatsoever, to claim what they have. I'm still thinking of representing myself, but that's fraught with danger.

[multiweb]

There is always a very slight chance that the insurance might pass the buck. I don't know your PDS. The way I look at it those people have already started the process and have put money into it so they're not backing up yet because they have nothing to lose. They're after you, not your insurer. Get legal advice.

[spacezebra]

Take care Chris if you are thinking of representing yourself, happy to offer any support I can

Cheers Petra d.

[Omaroo]

Thanks so much Petra :) I'll definitely keep that in mind!

[Forgey]

Thats just crap Chris, wish you all the best and hope you can get it sorted out without being out of pocket.

[Omaroo]

Cheers Paula :thumbsup:

[midnight]

Very sad to hear that type of news Chris. In large engineering projects like I work in, it is inevitable to end up in court at some stage (Magistrates, IR or an arbitrator etc) so the following has worked for many of my colleagues and myself :

1. Evidence evidence and evidence. Write a log of the events in chronological order no matter how minor. Demonstrate that you have followed your duty of care to the incident no matter how you feel about the other party. It looks like you have done this well by stopping, asking him to pull into a safer location, handing over your details etc.

2. Stay objective.

3. Stay black and white with the facts and keep it simple.

You'll find that provided there is nothing to hide, judgements come swift and quickly catch out those with a bad intention or those whose story is grey and inconsistent. Duty of care is becoming more prominent nowadays.

Good luck!

Darrin...

[brian nordstrom]

:mad2: Hi Netti , Chris and all , I only just 3 weeks ago got a really ****ty letter fron TIO ( a local insurance Co up here in Darwin ) stating ,
You owe us $2000 for an accident you had in a Woolworths carpark dated early july .
I like Chris nearly fell over .
What a cheek ! :sadeyes: it was early november when this claim arrived , 4 months? .
Anyway I like Chris desputed this vigourisly and my insurance company came into bat for me , at no charge ;) , ....
To cut a long story short , my ute has been inspected by a inderpendant inspection company , zero damage , or :D repairs to my ute .
TIO have silently gone away , But the question arises , why was my rego used in this so called crash ? .
Oh yea , I was at work that sunday 25 km's away .:rofl:.
But how many people get taken by this ?
Good on Ya Chris for fighting this carp.
Brian.

[Omaroo]

Cheers Brian and Darrin - great advice, thanks :) I believe that I'm in the right, will happily pay for genuine damage but won't stand idly by while they fleece me. I have evidence and I'll use it.

[mozzie]

wow chris,
what a letter,i would have fallen over backwards ..hope it gets sorted out and the scam stopped...to much GREED..
could you imagine how much astro gear you could get for the much money..

i think i'll get out of bricklaying at 45 and get a trade as a panel beater i'll retire at 47 :lol::lol: rich rich rich !!!!!

[Kunama]

This is an excellent point Peter, Chris it would seem they have falsified documents to state they have served you, if you contact the Clerk of Court at the relevant jurisdiction you should be able to get a copy of the papers re service of the notice. There should be details of when and where they served you, if you can show they could not have served you at that time then you have a good chance of showing an attempt to pervert the course of justice. An attempt to pervert the course of justice even in civil proceedings in Small Claims court is an indictable offence.
If necessary you can use the Freedom of Information Act to gain access to documents.
Good luck with it, your insurance co will be keen to follow it up as if they can prove the docs were falsified, they can then go the taxi co for costs which will be substantial.

[Octane]

Great advice by Peter and Matt!

H