Need advice on an awkward situation

[bushido]

I posted here a while back (`December 2009) when I got rear ended on the way home from work. Paid for the repairs myself.

So now almost four months later I am still chasing up the money that I am owed with letters, smss and calls (albeit never returned).

So this morning at 630 I get a call from the party at fault claiming that "I am a bikie and you should have never messed with me. You think you're funny getting your Asian friends to message me? I am going to f**k you up. Your family is going to be fucked." In my opinion this was him retaliating after I messaged him on Wednesday night asking him "Hey ****** how is it going with me smash repair money?" A totally legitimate question.

Something along those lines (I was still half asleep).

Anyway I gave the Police assistance line a call and they told me to go to a Police station and inform them of the situation.

Now the funny part is that when I messaged the other party later (730 this morning when I got to uni) saying "Dont know what you mean by getting my friends to message you. I messaged you asking a legitimate question" he replied with "Wrong person working on your money."

Later on he said "Nah bro sorry man my fault you did not wrong," in reply to me saying that I meant no offense in my Wednsay night message.

Now I reckon hes taking the piss out of the situation after I realised that it was him when he called and is trying to defend himself. Although the number came up as private I knew it was him and by replying to my message he proved that it was him. If that makes any sense?

I am going to report this to the police after uni today and see what they say but in meantime any thoughts on the matter.

PS. No you vultures, I am not parting out my car or selling my bike if I get gunned down.

[nikhan]

Just a question. Since you were rear ended how come you didnt go thriugh insurance? Wouldnt it be easier to let them insurance company handle the matter instead of you paying it by yourself?. Thing is now that everything has been settled on your side and all he has is to pay you the money its gonna be difficult to chase unless you engage a lawyer to demand payment on his side. When the accident happened did you take loads of photographs of the accident as well as take down his driver's detail, address etc and made a police report. Some idiots think that they can just get away without paying for anything.

[FTEvolution]

It's been months, use this to get his taken to court (keep the messages) because telco's can track through private numbers.

Tell them you fear for your life and you think this guys is playing with you to make you even mroe scared. More-so he threatened your family; take him for emotional damage too to really twist that proverbial knife.

[FTO84]

What information does he have about you?

Address, full name and everything? Ie.. could he potentially come after you?

[koolio1234]

This sounds pretty fucked up. I would definitely try to go to the police and let them know you've been threatened.

It sounded like he threatened your family+mentioned bikies to 'test the waters' so to speak. Maybe to gauge your reaction and see if you would back off. Because you replied to him in a firm manner, he probably realised his threats didnt work with you and is now back-pedalling by saying that the message was for someone else.

[Cassf88]

im with nikhan,

why didnt you go through insurance?!

i wouldnt be messaging him anymore, if anything phone calls or let the police deal with him. youve done all you need to from your side.

unfortunately because you didnt go through insurance and he doesnt pay (which seems he isnt likely to voluntarily) you will have to go to court.

hope lesson has been learnt.

[I8A4RE]

im with nikhan,

why didnt you go through insurance?!

i wouldnt be messaging him anymore, if anything phone calls or let the police deal with him. youve done all you need to from your side.

unfortunately because you didnt go through insurance and he doesnt pay (which seems he isnt likely to voluntarily) you will have to go to court.

hope lesson has been learnt.

^^^^ THIS

[mr-charisma]

First of all .. don't phone instead of messaging ..

At least with messages you have a paper trail that can be used as evidence in court, because that's where it's going to end up if he won't cough up the dough.

You'll have to advise him that you want your money by a specific date, that it's been months already & he has made no attempt to repay it you will be forced to take it to court if not paid on that date.

You'll need to get the police report from the accident which will cost you money - but you add that to your claim as compensation.
You've had the car assessed & the damage invoice will need to be used as evidence in the case.
you should also show any other quotes you got as well (becuse yours / or his insurance should hve handled it - they would have gotten multiple quotes for repairs, so he might claim that you paid too much or went for the most expensive around etc etc)
You'll have to write up an affidavit explaining what happened in the accident - that he was at fault etc etc & add that to the evidence.
Also include any pictures of the damage etc etc & the SMS's back & forth email or letters would be better if you have his address - just keep copies / postage receipts

All the evidence will need to be witnessed & signed off by a JP

The court will try to arrange a mediation session before going to court & it will look really bad if he is a no show - they could instantly award you the money - or they might schedule the court date & just state that he wasn't willing to mediate, but you were.

Let us know if you actually get to the point of going to court & i'll let you know what else you need to do - but basically, jsut stick to the cold hard facts - don't whinge, bitch or moan about anything or the judge will get pissed off - they deal with people every day that get emotional / angry / etc etc.. (And of all things, address the judge as "Your Honour" - seriously!)

[bushido]

If anyone read my old thread about the incident I didnt go through insurance because I have third party fire and theft. Meaning insurance dont mean sh*t

I informed justcar of the situation and they said nothing could be done since I wasnt at fault.

The party at fault did not have insurance in my opinion so he elected for it to be settled privately.

He has my address, phone numbers etc, everything

I went to the police and they cant do anything since the evidence that I provided was not enough. They cant act on one phone threat since there are so many variables to be considered (was the threat real? how can I prove it was him that called? etc...).

They told me to get some Protection grant of what not etc...and just drop the whole matter. If I wanted to pursue it, do it through. But I dont want to do it through court as the cost doesnt justify the means. At this stage I would rather lose the money than to get hurt (if his threats were real). Im not one to back down and it sh*ts me so hard how there is nothing the law can do for this situation.

Its like the law is saying "sorry we cant do anything right now because you dont have enough evidence, but if something does happen, be sure to call 000." How the f**k can I call 000 if I am gunned down. It is this exact "idleness" to the law that sh*ts me...

Its a case of either doing nothing, or being fucked.

[aza013]

Well All I can say is use this as a leson for next time. As we said in your other post you need to report these things to the police strait after as then they can get photos and follow it up.
It's never a good thing when you get stung like you have but you just have to grin and take the loss
oh and spend alittle more and get full cover.

Sorry but some one had to say it and I tryed to put it in the nicest way I could

[bushido]

All this is good advice but full comp is an extra $3500 for me. Dont have the money for that.

In regards to the police report after the accident happened, there was none as I was told both by 000, the police assistance line at the guy at the police station that since the accident is classified as "minor", ie noone hurt, details exchanged, there was no need for a police report and the matter would be dealt with insurance. I thought this was bullshit as there is effectively no record of me contacting the police but clearly I made covered all possible avenues.

And again when I went to see the police, I wasnt asked to fill in a statement nor was a report filled out. Heck how do I prove that I went to see the police when I have never been asked to fill in any reports? Arent they supposed to follow up or at least create a record that I went to see them?

Insurance is a no go right now and I am not even worried about the money I am owed at this stage. I just want to make sure that my family and I are in no immediate danger.

On another note, havent heard from you in a while Michael!

[payaya]

First of all .. don't phone instead of messaging ..

At least with messages you have a paper trail that can be used as evidence in court, because that's where it's going to end up if he won't cough up the dough.

You'll have to advise him that you want your money by a specific date, that it's been months already & he has made no attempt to repay it you will be forced to take it to court if not paid on that date.

You'll need to get the police report from the accident which will cost you money - but you add that to your claim as compensation.
You've had the car assessed & the damage invoice will need to be used as evidence in the case.
you should also show any other quotes you got as well (becuse yours / or his insurance should hve handled it - they would have gotten multiple quotes for repairs, so he might claim that you paid too much or went for the most expensive around etc etc)
You'll have to write up an affidavit explaining what happened in the accident - that he was at fault etc etc & add that to the evidence.
Also include any pictures of the damage etc etc & the SMS's back & forth email or letters would be better if you have his address - just keep copies / postage receipts

All the evidence will need to be witnessed & signed off by a JP

The court will try to arrange a mediation session before going to court & it will look really bad if he is a no show - they could instantly award you the money - or they might schedule the court date & just state that he wasn't willing to mediate, but you were.

Let us know if you actually get to the point of going to court & i'll let you know what else you need to do - but basically, jsut stick to the cold hard facts - don't whinge, bitch or moan about anything or the judge will get pissed off - they deal with people every day that get emotional / angry / etc etc.. (And of all things, address the judge as "Your Honour" - seriously!)

You make it sound so easy! I do this sh*t every day and even if orders are made against the defendant it does not mean they have to pay.

Going to mediation for a couple of grand? Pointless just walk away.

[I8A4RE]

First of all .. don't phone instead of messaging ..

At least with messages you have a paper trail that can be used as evidence in court, because that's where it's going to end up if he won't cough up the dough.

You'll have to advise him that you want your money by a specific date, that it's been months already & he has made no attempt to repay it you will be forced to take it to court if not paid on that date.

You'll need to get the police report from the accident which will cost you money - but you add that to your claim as compensation.
You've had the car assessed & the damage invoice will need to be used as evidence in the case.
you should also show any other quotes you got as well (becuse yours / or his insurance should hve handled it - they would have gotten multiple quotes for repairs, so he might claim that you paid too much or went for the most expensive around etc etc)
You'll have to write up an affidavit explaining what happened in the accident - that he was at fault etc etc & add that to the evidence.
Also include any pictures of the damage etc etc & the SMS's back & forth email or letters would be better if you have his address - just keep copies / postage receipts

All the evidence will need to be witnessed & signed off by a JP

The court will try to arrange a mediation session before going to court & it will look really bad if he is a no show - they could instantly award you the money - or they might schedule the court date & just state that he wasn't willing to mediate, but you were.

Let us know if you actually get to the point of going to court & i'll let you know what else you need to do - but basically, jsut stick to the cold hard facts - don't whinge, bitch or moan about anything or the judge will get pissed off - they deal with people every day that get emotional / angry / etc etc.. (And of all things, address the judge as "Your Honour" - seriously!)

You make it sound so easy! I do this sh*t every day and even if orders are made against the defendant it does not mean they have to pay.

Going to mediation for a couple of grand? Pointless just walk away.

Yep totally agree, sh*t you can even have the judge say you that you are completely in the right but due to "Y" factors you will only get a small if any, compensation.

[bushido]

I have informed my higher ranking officer and I have an appointment with the defence force lawyer on Tuesday. I love being in the army.

[aza013]

It has it's benafits somtimes

[AJ]

Where do you live and what area did this happen? Where does he live? What do you have on this guy?

[mr-charisma]

First of all .. don't phone instead of messaging ..

At least with messages you have a paper trail that can be used as evidence in court, because that's where it's going to end up if he won't cough up the dough.

You'll have to advise him that you want your money by a specific date, that it's been months already & he has made no attempt to repay it you will be forced to take it to court if not paid on that date.

You'll need to get the police report from the accident which will cost you money - but you add that to your claim as compensation.
You've had the car assessed & the damage invoice will need to be used as evidence in the case.
you should also show any other quotes you got as well (becuse yours / or his insurance should hve handled it - they would have gotten multiple quotes for repairs, so he might claim that you paid too much or went for the most expensive around etc etc)
You'll have to write up an affidavit explaining what happened in the accident - that he was at fault etc etc & add that to the evidence.
Also include any pictures of the damage etc etc & the SMS's back & forth email or letters would be better if you have his address - just keep copies / postage receipts

All the evidence will need to be witnessed & signed off by a JP

The court will try to arrange a mediation session before going to court & it will look really bad if he is a no show - they could instantly award you the money - or they might schedule the court date & just state that he wasn't willing to mediate, but you were.

Let us know if you actually get to the point of going to court & i'll let you know what else you need to do - but basically, jsut stick to the cold hard facts - don't whinge, bitch or moan about anything or the judge will get pissed off - they deal with people every day that get emotional / angry / etc etc.. (And of all things, address the judge as "Your Honour" - seriously!)

You make it sound so easy! I do this sh*t every day and even if orders are made against the defendant it does not mean they have to pay.

Going to mediation for a couple of grand? Pointless just walk away.

I've been through the process a couple of times before mate & I know that they can just not pay it, so you have to go back to court etc etc.. , but the only pointless thing IMO would be to let someone walk away with a few grand of your hard earned without at least trying to work within the BS systems we've got.. besides.. if it doesn't work there are "other ways" of dealing with these kind've things

When it's small claims it might only cost you about $50 to lodge .. I wouldn't bother paying a lawyer a few grand just to get a few grand back

[bushido]

He lives in the next suburb to me.

I have the record of the phone call and various sms on my phone. That is it.

[nikhan]

Oh so you are in the defence force eh? Get your whole platoon to raid his house...lolz. JK...if all else fails there's always Today Tonight to start complaining all those bs laws and stuff...maybe the shame will make him pay up or even better, change the this whole f up system we've got.

[payaya]

First of all .. don't phone instead of messaging ..

At least with messages you have a paper trail that can be used as evidence in court, because that's where it's going to end up if he won't cough up the dough.

You'll have to advise him that you want your money by a specific date, that it's been months already & he has made no attempt to repay it you will be forced to take it to court if not paid on that date.

You'll need to get the police report from the accident which will cost you money - but you add that to your claim as compensation.
You've had the car assessed & the damage invoice will need to be used as evidence in the case.
you should also show any other quotes you got as well (becuse yours / or his insurance should hve handled it - they would have gotten multiple quotes for repairs, so he might claim that you paid too much or went for the most expensive around etc etc)
You'll have to write up an affidavit explaining what happened in the accident - that he was at fault etc etc & add that to the evidence.
Also include any pictures of the damage etc etc & the SMS's back & forth email or letters would be better if you have his address - just keep copies / postage receipts

All the evidence will need to be witnessed & signed off by a JP

The court will try to arrange a mediation session before going to court & it will look really bad if he is a no show - they could instantly award you the money - or they might schedule the court date & just state that he wasn't willing to mediate, but you were.

Let us know if you actually get to the point of going to court & i'll let you know what else you need to do - but basically, jsut stick to the cold hard facts - don't whinge, bitch or moan about anything or the judge will get pissed off - they deal with people every day that get emotional / angry / etc etc.. (And of all things, address the judge as "Your Honour" - seriously!)

You make it sound so easy! I do this sh*t every day and even if orders are made against the defendant it does not mean they have to pay.

Going to mediation for a couple of grand? Pointless just walk away.

I've been through the process a couple of times before mate & I know that they can just not pay it, so you have to go back to court etc etc.. , but the only pointless thing IMO would be to let someone walk away with a few grand of your hard earned without at least trying to work within the BS systems we've got.. besides.. if it doesn't work there are "other ways" of dealing with these kind've things

When it's small claims it might only cost you about $50 to lodge .. I wouldn't bother paying a lawyer a few grand just to get a few grand back

Yeah mate, I commence legal action on people daily at work and a baseball bat would work better.

But if he is a bikie (doubt it) you'll get nothing back either way