Uninsured vs Insurance company

brodybaddis
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Joined: Fri Mar 15, 2019 5:34 pm

Uninsured vs Insurance company

Postby brodybaddis » Fri Mar 15, 2019 6:08 pm

-I got into a collision driving a car that wasn't mine. It was uninsured, so I'm having to deal with it myself
-Other party's insurance (via letter) asks for my statement regarding the accident. I send it through
-3 months later, I get a fine from the police stating I was at fault for the incident (Running the red light).
-I have the fine contested and so the police are preparing the brief of evidence for the ticket I'm contesting
-I've yet to receive the brief of evidence from the police, but now the insurance want full payment.

What can I do when the Insurance company are pushing real hard for money, and I can't do anything until
I get the brief of evidence from the police?

- Will paying off the amount, before going through the courts, be admission of guilt?



All angles welcome

Thank you in advance

Hardy
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Re: Uninsured vs Insurance company

Postby Hardy » Sat Mar 16, 2019 5:32 pm

You should have paid the infringement notice unless you are very confident of being acquitted and you enjoy going to court just to stick it up them.

it is hard to see you getting any benefit from the court case. Being worse off is far more likely. i.e. winning achieves nothing while losing will adversely affect your claim against the other driver. Winning does not stop a civil court finding that you did go through a red light, while losing obliges a civil court to accept that you went through a red light. Had you just paid the ticket there would be no court outcome that could be used against you. it is possible you took it to court to avoid the demerit points and not to avoid civil liability. if so, then you should seek legal advice about your points situation before getting in too deep.

Finally, even if you did go through a red light does not mean you are at fault for the accident. It depends on everything else that was happening. Cars turning across the path of a vehicle that is going through a red light are required by law to give way to the oncoming vehicle. So if you are analysing the problem from the point of view of who had to give way to whom, the car going straight ahead through the red had no obligation under the road rules to give way to anyone. i.e. the police could not have charged that driver with failing to give way. So you can see it is not as simple as saying you broke a law therefore you have to pay. A civil court will look to see who failed to take steps to avoid the collision and often this means each driver is partly to blame. So liability can be apportioned.

brodybaddis
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Joined: Fri Mar 15, 2019 5:34 pm

Re: Uninsured vs Insurance company

Postby brodybaddis » Sun Mar 17, 2019 5:19 am

I guess I was under the impression that if I paid the fine, I was admitting guilt. (Free legal didn’t exactly help in assuring that)
And when the paper works came, that I’d come see you (by referal from one of free legal advice contact).

Well shoot. I guess I have made it harder now.

Thank you for the helpful feedback, Hardy

Kind regards,

Hardy
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Re: Uninsured vs Insurance company

Postby Hardy » Mon Mar 18, 2019 6:36 pm

Many people seem to assume that paying an infringement notice is an admission of wrongdoing even though the law states that is never the case except for infringements that impose convictions with mandatory licence loss (i.e. drink driving, drug driving, excessive speed).
(2) The payment of an infringement penalty by a person, or the completion of a work and development permit by a person where the infringement fine is satisfied by that completion, is not and must not be taken to be—

(a) an admission of guilt in relation to the offence; or

(b) an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence, and the payment of the infringement penalty or completion of the work and development permit does not in any way affect or prejudice any such claim or proceeding.


brodybaddis
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Joined: Fri Mar 15, 2019 5:34 pm

Re: Uninsured vs Insurance company

Postby brodybaddis » Sat Mar 23, 2019 10:33 pm

Oh goodness. If only I could rewind my contesting.

-New information from Insurance:
They've given me 7 days to pay the damages (total write off), after which they'll pass it on to a collection agency

-Still no brief pack from the police side

So Sean,I have to ask; What's my option now - The process in defending myself against this incident. Should I start a court case (if so, I don't know what) or should I just inform the insurance company and let them take the court steps?

Thank you in advance
Brody

Hardy
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Re: Uninsured vs Insurance company

Postby Hardy » Sun Mar 24, 2019 6:09 am

You could offer 50% at $200 per month on a without prejudice basis, but that’s just a suggestion, not advice, because I haven’t looked at the case.

I wonder if your “Free Legal Advice” was from one of those places which claim they are “experts” in traffic law?

brodybaddis
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Re: Uninsured vs Insurance company

Postby brodybaddis » Mon Mar 25, 2019 8:40 pm

The suggestion was through the community free legal advice - they didn't really push advice hard apart from contesting it in court.
Regarding the police station that covered the accident, when I went there to ask how they came to the decision, they bluntly suggested that I take it to court too.

"not advice, because I haven’t looked at the case."
How should I go about getting a case started? - Should I notify the insurance company of my circumstance in pleading that, I believe, it wasn't my fault either?
I really don't know the process here, and where I should be leading from. I have a little doubt the insurance company would sympathize and help me in my situation.

Thank you in advance

Gravy
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Joined: Thu Mar 21, 2013 9:25 am

Re: Uninsured vs Insurance company

Postby Gravy » Tue Mar 26, 2019 11:19 am

brodybaddis wrote:I have a little doubt the insurance company would sympathize and help me in my situation.
If it is the other vehicle owner's insurer, then they're only going to be interested in recovering the maximum dollar amount possible to offset the cost of their customer's claim.

If you want legal advice on your situation, you should probably book an appointment (called a 'conference') with a lawyer. This will most likely cost you money, however you may end up in a better financial position overall depending on the cost of the claim (i.e. how much the insurance company is demanding from you). If you intend to engage a lawyer to represent you (or even just get some good legal advice from a lawyer) it's perhaps best that you do not talk to the insurance company in the meantime.

brodybaddis
Posts: 5
Joined: Fri Mar 15, 2019 5:34 pm

Re: Uninsured vs Insurance company

Postby brodybaddis » Thu Mar 28, 2019 7:00 am

Thank you for the info, Gravy.
Is this from experience or are you a lawyer yourself?

Much appreciated,
B

Gravy
Posts: 1069
Joined: Thu Mar 21, 2013 9:25 am

Re: Uninsured vs Insurance company

Postby Gravy » Thu Mar 28, 2019 9:22 am

You're welcome.

I'm not a lawyer, no. I have been involved in a couple of insurance claims (both of which the other party was responsible), so I have a little experience from that angle. Otherwise, I'm just one of those weird individuals that perpetually hangs around this forum even though I'm not a lawyer... :lol:

If one were to read every thread, one sees patterns emerge - I would suggest that insurance companies are fairly predictable and the actions a party should take are generally pretty consistent.


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