Need advice on an awkward situation

payaya · Post by **payaya** » Sat Mar 27, 2010 11:19 am

bushido wrote: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.

Go to his house is your best bet!

SchumieFan · Post by **SchumieFan** » Sat Mar 27, 2010 12:13 pm

shudda called the cops when he hit u, then youda had a police report to take to court and he woulda got fined

koolio1234 · Post by **koolio1234** » Sat Mar 27, 2010 2:25 pm

SchumieFan wrote:shudda called the cops when he hit you, then youda had a police report to take to court and he woulda got fined

Police wont bother coming out to a small incident if no one actually got hurt. They expect the parties involved to take care of it as its only classified as a minor incident.

Edited.

SchumieFan · Post by **SchumieFan** » Sat Mar 27, 2010 4:50 pm

yes they come doesnt matter what happened, you call them, they come

SPEAKING FROM EXPERIENCE

and from prosecution

bushido · Post by **bushido** » Sun Mar 28, 2010 10:37 am

I called they didnt come. It was a minor accident.

The other idiot should have been done for neg driving. He wasnt even looking in front of him when he hit me.

nicholas · Post by **nicholas** » Sun Mar 28, 2010 11:16 am

Steve mate, just wanted to come to your defense re: not paying full comprehensive insurance. It's another case where the cost does not justify the reward... the only reason you would pay $3500 premium is if you were planning on damaging your car to the value of $3500 every year... pssshh yeah right thanks JustCar.

Re: the situation, my advice would be:
- make an informed decision about whether this guy is just playing hard-ass, or whether you think he actually would follow through on this threat. That's a call only you can make, cos none of us have met him before.
- if you think he's just playing, continue to follow down any available avenue for which the reward justifies the cost. I don't think the cost of going to Court (remember it's also about loss of earnings for all the time it takes to prepare for and attend Court) is worth it
- if you think he is serious, just drop the matter entirely and walk away. Maybe even contact him once more just to let him know you're not interested in pursuing the matter further and have 'let him off the hook'. Hard as this might be, the safety of you and your family must come first. Expensive lesson learnt, but hey that's life

brad_gpx · Post by **brad_gpx** » Mon Mar 29, 2010 12:12 am

how much does he owe you?
if your considering dropping it why not say to him to pay you less and you will call it even or something?

if he's claiming to be a violent bikie chances are he has criminal convictions already, are you able to ask the police if he has any to asses whether you/your family are in danger, i think he is just blowing smoke

if your in any danger maybe just drop it?
a car is not worth putting yourself in danger

FTEvolution · Post by **FTEvolution** » Mon Mar 29, 2010 7:09 am

payaya wrote:
mr-charisma wrote:
payaya wrote:
mr-charisma wrote: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

Agreed to a point, if he is a "bikie" then he probably has no "legal income"

"But your honour, I am a beneficiary living off the state; I can only afford $5 per week"

Judge: "settled!, next case"

bushido wrote:I called they didnt come. It was a minor accident.

The other idiot should have been done for neg driving. He wasnt even looking in front of him when he hit me.

It's simple, when you get hit just bullshit that your neck is hurt; call an ambulance and then at least it's on record.

If the guy won't admit fault I guarantee the ambo crews will call for assistance from the police.

mr-charisma · Post by **mr-charisma** » Mon Mar 29, 2010 11:18 am

FTEvolution wrote:
payaya wrote:
mr-charisma wrote:
payaya wrote:
mr-charisma wrote: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
Agreed to a point, if he is a "bikie" then he probably has no "legal income"

"But your honour, I am a beneficiary living off the state; I can only afford $5 per week"

Judge: "settled!, next case"

bushido wrote:I called they didnt come. It was a minor accident.

The other idiot should have been done for neg driving. He wasnt even looking in front of him when he hit me.
It's simple, when you get hit just bullshit that your neck is hurt; call an ambulance and then at least it's on record.

If the guy won't admit fault I guarantee the ambo crews will call for assistance from the police.

I don't know where this mis-information about bikies is coming from .. FYI Most bikies work legit jobs just like the rest of us .. ..and most pull in more cash from their regular work than most average joes .. even if it is a "front" to "other" income

On top of that, most have principles & morals they live by so they're not gonna try & avoid paying up if they hit someone's car .. think of it this way .. if they're prepared to take a bat to someone that hits their bike & refuses to pay up, why would they try & avoid paying when it's themselves @ fault? Esp when it's chump change ?

brad_gpx · Post by **brad_gpx** » Mon Mar 29, 2010 12:24 pm

thats why i was thinking he might be blowing smoke, most bikie club are similar to this i presume, but there are violent some violent gangs

there was a massive thing on the news about it awhile ago because they kept saying things about drugs trafficing about that the people involved were suspected bikies. there was some guy from a bikie gang sick of all the bad reputation.

AJ · Post by AJ » Mon Mar 29, 2010 9:41 pm

I spoke to a cop I know today and showed her what you'd written. She said that for recovering the money, it's a civil matter and the cops won't get involved because don't get involved in civil matters so take it to the courts.

With regard to the threat, you should at least go to your local cop shop and get them to record that the threat has been made. If you want, you can try and get them to an "IASK" report. This will tell you who has called your mobile - even if it was hidden number. The cops may be reluctant to do this for you as it costs them a lot of money and so it depends on the budget of the station you go to. I'd be tempted to push them on this if you really want to find out who called you on that day.

Hope this helps.

FTEvolution · Post by **FTEvolution** » Tue Mar 30, 2010 9:14 am

mr-charisma wrote: I don't know where this mis-information about bikies is coming from .. FYI Most bikies work legit jobs just like the rest of us .. ..and most pull in more cash from their regular work than most average joes .. even if it is a "front" to "other" income

On top of that, most have principles & morals they live by so they're not gonna try & avoid paying up if they hit someone's car .. think of it this way .. if they're prepared to take a bat to someone that hits their bike & refuses to pay up, why would they try & avoid paying when it's themselves @ fault? Esp when it's chump change ?

Ok, high horse... get off it. We aren't talking about the normal grey haired corporate who also likes his harleys etc. We are talking about the sorts of assholes that crash into someone and then get their details and threaten to hurt family members.

Get this sh*t back on topic or stay out of the thread. This prick threatens violence, thus gets lumped with every drug dealing scum bag out there.

EDIT! dealing*

bushido · Post by **bushido** » Tue Mar 30, 2010 12:15 pm

I asked about the IASK report. They cops said exactly what you mentioned AJ. It was expensive and they wouldnt do it for just one call...

I dont believe the other guy has any intention of paying up. Even though it is supposed "chump change." Its not a fortune I know which backs up my claim of his intentions. Surely if he has a legitimate job it wouldnt take him 4 months...

And he has been to court for assault. Told that to the cop but he said that we dont know the circumstances that led to the assault. Fair enough I'll believe that.

FTEvolution · Post by **FTEvolution** » Wed Mar 31, 2010 6:55 am

bushido wrote:I asked about the IASK report. They cops said exactly what you mentioned AJ. It was expensive and they wouldnt do it for just one call...

I dont believe the other guy has any intention of paying up. Even though it is supposed "chump change." Its not a fortune I know which backs up my claim of his intentions. Surely if he has a legitimate job it wouldnt take him 4 months...

And he has been to court for assault. Told that to the cop but he said that we dont know the circumstances that led to the assault. Fair enough I'll believe that.

Well, if it aint much then perhaps just drop it. He has been done for assault before meaning he probably has n qualms doing it again. Either be careful with what you do or drop it.

Even if you take him to court he still has your address; it aint worth a couple of grand to come home and find your house on fire or all your car windows smashed...

Post by **Shhtuart** » Wed Mar 31, 2010 5:36 pm

FTEvolution wrote:
bushido wrote:I asked about the IASK report. They cops said exactly what you mentioned AJ. It was expensive and they wouldnt do it for just one call...

I dont believe the other guy has any intention of paying up. Even though it is supposed "chump change." Its not a fortune I know which backs up my claim of his intentions. Surely if he has a legitimate job it wouldnt take him 4 months...

And he has been to court for assault. Told that to the cop but he said that we dont know the circumstances that led to the assault. Fair enough I'll believe that.
Well, if it aint much then perhaps just drop it. He has been done for assault before meaning he probably has n qualms doing it again. Either be careful with what you do or drop it.

Even if you take him to court he still has your address; it aint worth a couple of grand to come home and find your house on fire or all your car windows smashed...

Nah, guys with an assault charges against their name would pretty much think twice about doing it again in fear of some actual jail time.

& it's a tricky situation but stand your ground.

Even a friendly reminder from a solicitor regarding a possible lawsuit could make the bastard pay up.

koolio1234 · Post by **koolio1234** » Wed Mar 31, 2010 6:02 pm

Yep, write up a fake letter or get a letter from a solicitor which threatens a lawsuit unless he pays up. Suprising how people can be scared into pying up when they stand to loose much much more money

bushido · Post by **bushido** » Wed Mar 31, 2010 9:55 pm

"Fake letter" was sent about 2 months ago...to no avail.

payaya · Post by **payaya** » Thu Apr 01, 2010 10:38 pm

How big is the debt? I do favors for my friends all the time.

I can send out a letter for you no worries.

Taking legal action is your choice. I can do it for you but there's no guarantee you'll get paid.

mr-charisma · Post by **mr-charisma** » Thu Apr 01, 2010 11:08 pm

FTEvolution wrote:
mr-charisma wrote: I don't know where this mis-information about bikies is coming from .. FYI Most bikies work legit jobs just like the rest of us .. ..and most pull in more cash from their regular work than most average joes .. even if it is a "front" to "other" income

On top of that, most have principles & morals they live by so they're not gonna try & avoid paying up if they hit someone's car .. think of it this way .. if they're prepared to take a bat to someone that hits their bike & refuses to pay up, why would they try & avoid paying when it's themselves @ fault? Esp when it's chump change ?
Ok, high horse... get off it. We aren't talking about the normal grey haired corporate who also likes his harleys etc. We are talking about the sorts of assholes that crash into someone and then get their details and threaten to hurt family members.

Get this sh*t back on topic or stay out of the thread. This prick threatens violence, thus gets lumped with every drug dealing scum bag out there.

EDIT! dealing*

My horse isn't on drugs..

bduffman · Post by **bduffman** » Fri Apr 02, 2010 3:44 am

dude walk away ay its not worth it just think of it this way u haven't lost money u just let some guy off a bill he should have payed for u still saved 3.5k by not having full comp its not worth the issues trust me I've had issues with this one guy and it got bad and that was over nothing ended up with a girl having a knife to my sister smashed windows damaged cars few fights all brought on by me trust me if u can advoid trouble do it tell him your dropping the matter he will think he got away with it and you won't hear another word from him and u can rest easy knowing nothing will happen to u or your family like honestly how much is your life worth or your familys I no its the point of he should pay and yea he may be all talk but are u willing to risk it just walk away your cars fixed u learnt a lession and your no worse off then if u had gotten full comp