Drunk driver demolished my car!

[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 (Marc)]

Originally Posted by 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 ?

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. 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 (Bob)]

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 (Brendan)]

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

There is no way a Magistrate would entertain or uphold any such request in fact they will be in for it for wasting the courts time!

[multiweb (Marc)]

Originally Posted by wasyoungonce

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

There is no way a Magistrate would entertain or uphold any such request in fact they will be in for it for wasting the courts time!

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

[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]

Originally Posted by multiweb

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

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

[wasyoungonce (Brendan)]

Originally Posted by Satchmo

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

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.

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

[PCH (Paul)]

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 (David)]

Originally Posted by bobson

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

Originally Posted by wasyoungonce

Really what is at stake is obviously the tosser is not going to pay....

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

Originally Posted by wasyoungonce

Don't the bogans know how to play the system.

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

Originally Posted by wasyoungonce

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

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 (Brendan)]

Originally Posted by AstralTraveller

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

////She hasn't shot anyone. Honestly, there's people around here who'd hang litterbugs.

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

[multiweb (Marc)]

Originally Posted by 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.

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 (Bob)]

David:
She hasn't shot anyone. Honestly, there's people around here who'd hang litterbugs.

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

Like this people:

http://news.ninemsn.com.au/national/...nto-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/?vi...uggestedVideos

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 (Jim)]

Originally Posted by Bassnut

you knew what you were doing from the start, grow up and stop wasting time on this crusade.

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 (Bob)]

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 (JOSEPH)]

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 (Carlos)]

Originally Posted by 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

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

[bobson (Bob)]

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

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 (Marc)]

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