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

[Omaroo (Chris Malikoff)]

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 (Adam)]

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

[DavidNg (David)]

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

[Omaroo (Chris Malikoff)]

Originally Posted by DavidNg

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

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 (Simon)]

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 (Marc)]

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 (Jeanette)]

I wonder how many others they have done this to?

[Omaroo (Chris Malikoff)]

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 (Geoff)]

Originally Posted by 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

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

Cheers

[multiweb (Marc)]

Originally Posted by 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...

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

[Shark Bait (Stu)]

Originally Posted by 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...

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 (Chris Malikoff)]

Originally Posted by 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.

Correct.

[Omaroo (Chris Malikoff)]

Originally Posted by multiweb

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

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 (Marc)]

Originally Posted by 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.

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 (Petra)]

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

Cheers Petra d.

Originally Posted by 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.

[Omaroo (Chris Malikoff)]

Originally Posted by spacezebra

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

Cheers Petra d.

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

[Forgey (Paula)]

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

[Omaroo (Chris Malikoff)]

Cheers Paula

[midnight (Darrin)]

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 (As avatar)]

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 ! 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 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 ..
But how many people get taken by this ?
Good on Ya Chris for fighting this carp.
Brian.

Originally Posted by jjjnettie

I wonder how many others they have done this to?