Nothing like a little extortion on a Wednesday morning...
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.
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
Last edited by joe_smith; 22-11-2012 at 01:29 PM.
Reason: detail for non car fans :)
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.
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
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'
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
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.
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.
Strange that the judgement arrives, but nothing to advise you of proceeding??? So much for natural justice...
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.
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
Indeed Andrew. This is absolutely what I suspect. I've instructed my insurer to investigate this to the fullest.
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
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.
