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michael.cl
22-11-2009, 12:14 PM
Hi guys

I am not to shore if this is about fishing. How ever it is about my boat. And in around about way it affects my fishing, My boat is now laid up for a long time. A few Sundays back I was siting on the house veranda when this car came down the road in reverse at high speed with a young driver trying to show his girl friend what a great man he was. He lost control of the car and mounted the pavement crashing in to the side of my new $65,000 boat that was parked there. After the car came to a stop this young man jumped out of his car, picked up a few parts that had come off and again drove off at high speed backward down the street disappearing around the next bend. The only part of his car he failed to pick up was his number plate which the police now have along with the rest of his car they impounded a few days ago. The down side is he has no money, no insurance and I have a very high excess on my boat insurance. He got away with a slap on the wrist, and I will have to pay out a great deal of money, and at the end of the day will have a boat that will never be as it was. Some system we have hay guys. If any one out there has had a similar situation speak up. It's good to get it of your chest

Michael .

Benno1
22-11-2009, 12:42 PM
Sorry to hear my heart goes out to you Micheal...it really does. Id be changing insurance companies for one lower that frikken excess mate. As for the scumbag that caused it...his day will come.

Mrs Benno1
Sunny

bennykenny
22-11-2009, 12:54 PM
i dont understand this, i had a guy reverse into my car on the street, he had no insurance, or money,but my insurance company fixed my car up and i didnt have to pay any excess, and they sued him, it doesnt matter that he has no money your insurance company will still take him to court, if not your got a dogey insurance company!!!Its not our legal system that is to blame.

Kero
22-11-2009, 01:00 PM
Geez Michael, sorry to hear that.
I reakon if you can't afford insurance, then you shouldn't be allowed to register a car. Why should this d..khead's actions leave you out of pocket, while he gets off scott free?
Do you know his address?>:(
Of course, don't go breaking the law (getting caught) yourself.;)

michael.cl
22-11-2009, 01:38 PM
Thank you guys for your concern like you say Sunny his time in life will come. And yes I do have his address Kero thanks for the though, One thing I learned in life is ,what goes around comes around.

PS I had a call a few moments ago from the local boys, the police are charging him on three counts. He goes to cort in a few days.

Michael.

bigjimg
22-11-2009, 01:48 PM
Whoa,don't know how i would handle that.You must be a champion my friend,stick it to your insurance company and get onto the ombudsman.Doesn't hurt to name and shame the offender either,you know name,numberplates etc,photo of the vehicle.Hope all pans out for you.Jim

Robbo76
22-11-2009, 02:05 PM
I agree with bennykenny, i had someone drive into the door of my car, then try and blame me. I was driving through town at the time. My insurance company said don't worry about it and took care of everything.

Man you must be a mellow guy, good on you. I think i would have lost it. Good to hear the cops are charging him.

Hope it all works out for you Michael. All the best,

Rob

Stuart
22-11-2009, 02:19 PM
I would be seeking legal advice on this. If he cant pay up then bankrupt the turd. Simply, I would do what ever to make his life hell.

Stu

bennykenny
22-11-2009, 05:36 PM
I would be seeking legal advice on this. If he cant pay up then bankrupt the turd. Simply, I would do what ever to make his life hell.

Stu
your insurance company should do all this for you

Lovey80
22-11-2009, 05:50 PM
The system should see him with a criminal record and either a lengthy debt to pay or a bankrupt credit file. Wonder what the girl will think then?

He'll get his for sure.

P.S. I thought the excess was only if you were at fault?

siegfried
22-11-2009, 06:12 PM
Bad luck mate, Im pretty sure the bastard wont get off entirely scott free and hopefully you may not be up foor the excess, Im sure the insurance mob will be up him like a turd in reverse. Isnt it always the way, decent blokes reamed by the actions of no hopers Beat of lluck ay.

robo55
22-11-2009, 06:42 PM
robo 55 yes mate i know the feeling some weeks ago i was in bed minding ones own and thru fence come an f100 with clowns in it been drinking i know them and they asked not to get police but they hit my fibre glass boat and pushed it about 3 mtres and turned it over it does put very sour taste in ones mouth ,but i'm gradualy getting my money i onl;y charged them $200 FOR MATERIAL I WOULD FIX MYSELF now they wont even look at me or talk woest thing i ever done was not to get coppers involved although i reported it and they have pic's but never again will i be taken for a ride it's my pride and joy i love my fishing and to think clowns can just ruin you gear XX most damage was done to trailer so they got off very light but no good getting police we have had 4 cars stolen and trashed in under 2yrs and no one we know off been sent to court for it so where is the justice in this country gone ,,, ROB

5Zigen
22-11-2009, 07:18 PM
Bad luck on this whole incident:(

You really should be covered by insurance for this, from what I understand anyway. The accident was not your fault, the offending party can be identified, so the insurance company should be covering your damage and then be chasing the guy that caused the damage. The fact that the guy has neither insurance or money is irrelevant as far as you're concerned.This is exactly what insurance is for.

You would have to cover your own excess only if the offending party is not identifiable.

wayno60
22-11-2009, 09:09 PM
Robo55,
And i thought i lived in a dodgy hood....thats a car ever 6 month..!!!

Michael, that really sux but sending him bankrupt wont get ya money. if he's only young and all he has is his car, you get to keep your car if you go BR.

and it will only effect him for seven years then he's back to normal.

bennykenny
23-11-2009, 06:33 AM
if your insurance company wont do it all for you, you need to name and shame them on here so we know who not to insure with, you never know how good and insurance agency is until you need to make a claim

Apollo
23-11-2009, 06:36 AM
and it will only effect him for seven years then he's back to normal.

Try three years for bankruptcy.

I agree with most, the insurance company should be dealing with this. If they don't (or try to get out of it) michael, please name them as we would all like to know which one to avoid.

Steve

Jarrah Jack
23-11-2009, 09:44 AM
I would be nameing this forum to the right person at the insurance company too.

If they don't look after you well we'll know who not to insure with.

Thanks for coming out and telling us about it robbo55. Hope you're back on the water soon.

Scott nthQld
23-11-2009, 11:02 AM
if its not your fault you do not pay excess regardless of whether the person at fault has insurace or not.

Besides, I thought the compulsory CTP on your rego covered damage you may cause to property in the event of an accident, or in this case, being a tool? So your boat insurance company should be going to his CTP insurer to recoup their dollars.

Stick it to your insurance company and don't pay excess, it wasn't your fault so its not your problem. Trouble is though, you normally pay the excess to the repair agent, then it becomes thier problem trying to get the extra money out of your insurance company, if they refuse to release the boat back to you, go to the police, as that is effectively theft. I know its a bit harsh hurting local business like that, but thats the way things work, I had to do it once with my car, my insurance company wanted me to pay excess, which they said they would refund when they got their money out of the other drivers insurance company, I didn't have the cash to do so so i told them where to go, the repairer then would release my car until i paid the excess amount to them, one ohone call to the police to fill them in on the situation, and they had an officer escort me to the repair agent and I got my car back. A bit of running around, but if its going to cost you where it shouldn't, don't back down until you get what is rightfully (and legally) yours

ozscott
23-11-2009, 11:05 AM
The fine print in the policy wording is what will be relevant to the excess point (a number of insurers say that if you are not at fault, have identified the at fault driver AND they can recover from him/her then you dont pay excess). As for CTP - that only covers any personal injury and consequential loss (all personal injury based) from an accident (but not all accidents).

Cheers

Bear001
23-11-2009, 12:00 PM
Bad luck on this whole incident:(

You really should be covered by insurance for this, from what I understand anyway. The accident was not your fault, the offending party can be identified, so the insurance company should be covering your damage and then be chasing the guy that caused the damage. The fact that the guy has neither insurance or money is irrelevant as far as you're concerned.This is exactly what insurance is for.

You would have to cover your own excess only if the offending party is not identifiable.

I second this - absolutely. Follow up with your insurance company as the offender has been identified

cormorant
23-11-2009, 04:25 PM
Thank you guys for your concern like you say Sunny his time in life will come. And yes I do have his address Kero thanks for the though, One thing I learned in life is ,what goes around comes around.

PS I had a call a few moments ago from the local boys, the police are charging him on three counts. He goes to cort in a few days.

Michael.


That seems excessive - that is one charge per brain cell or is that as high as the offender can count and they didn't want to confuse him?


The insurance with your cars rego only covers personal injury to peopel other than the driver in your own car and people in teh other car or pedestrians etc.

Third party property is the one that covers the other parties belongings that you run into such as the rolls royce or teh boat in this case. Really should be a question on teh lic test as so few drivers understand and many parents don't tell their kids why insurance is important.

I grind my teeth writing this down but forget the tosser , claim the insurance and put your energy into getting the boat fixed right the first time. You can move on and he hopefully can learn that he was lucky to not kill someone.

Insurers really are slack at following through and I have on one occasion tried to actually put a claim against the other party for my cost of excess , lost work and time and was hard pushed to find a soliciter who would take it up. I knew in my case it was to make a point to the guy who could well afford it and had insurance that that wasn't a reason to be a careless scumbag. You seem to sign away your rights to make further claim whe you settle with the insurer however this socialite paid up as he didn't want the bad press as his behavior was truely poor including lies on police statements etc. Small victory.