Bugger won't pay up!

[slick]

Was knocked off my bike back in August and the guy is refusing to pay up for damage to the bike. Is it worth persuing?

Cops attended and made it clear to the guy it was his fault and if I had any problems getting him to pay up i should ring him. Guess what!!! I have called the cop 3 times since, he promises to go and see the guy and try and get him to pay up but never actually gets round to it. There were no other witnesses, that stopped anyway, so my only hope is the cop. Do I keep hastling him or just give up? Cost of damage amounted to $600.

[KATWYN]

Was knocked off my bike back in August and the guy is refusing to pay up for damage to the bike. Is it worth persuing?

Guess what!!! I have called the cop 3 times since, he promises to go and see the guy and try and get him to pay up but never actually gets round to it. There were no other witnesses, .

3 Months later....forget it. Sorry but it just aint gunna happen. The cop has
prioritized

[Holy Roller]

Get a letter from the cop stating the facts and approach the small claims court. I'm sure you will get some joy there. When a drunk hit me years ago just the mention of going to court was enough to make him cough up $1500. I only brought the bike for $500 an old XR500A. What with what I had done to get it road legal and the repairs I ended up with a well sorted bike.

[sedge]

Um... If you haven't got insurance ask the cop for a statement of fault and then lodge in the small claims court... only costs $30 I think. Worst case the guy pays you $10 week for a year, but better than nothing.

The threat is usually enough to get people to cough up.

Anyone else been down this path ?.

Sedge.

(edit - well there you go... I've tuned in to Holy rollers brainwaves...)

[Blakamin]

NEVER give up :2guns:

[ManDownUnder]

I understand it is now called the disputes tribuneral and it's only useful if there is a dispute (i.e. you say he owes you and he says he doesn't)

If you have insurance I'd go see the insurer and tell them you want their advice on how to get this guy to pay up. You would rather not make a claim as the dollars won't stack up re loss of no claims boun (assuming that's the case).

They're generally pretty onto it when it comes to getting money out of people...

Get something in writing from the cop too. Time, date, place, description of events, list of witnesses who is at fault and case number. Keep a diary of all calls and messages so you can construct a timeline.

In time to come your diary may turn out to be your best friend... saves you from trying to remember who said waht, about whom and when.

Good luck!
MDU

[Devil]

Get a letter from the cop stating the facts and approach the small claims court.
Seconded.

message too short my ass.

[crashe]

agree with everyone else....

[MOTOXXX]

Yep what it says above get a letter from the cop and go to disputes tribunal
may take a while but i think you should get your money.
one thing you should never do is go get it fixed and then send him the bill as he didnt authorise any repairs and can tell you where to go leaving you with the bill.
is there any reason hes not paying or just being a dick and doesnt want to pay.

[slick]

Yep what it says above get a letter from the cop and go to disputes tribunal
may take a while but i think you should get your money.
one thing you should never do is go get it fixed and then send him the bill as he didnt authorise any repairs and can tell you where to go leaving you with the bill.
is there any reason hes not paying or just being a dick and doesnt want to pay.

Thanks for all the helpful advice guys, really appreciate it!
Got a quote for repairs, luckily nothing vital got broke, most expensive bit was my new $300 helmet getting some scratches, perfectly useable but I don't see why I shouldn't get a replacement. Haven't ordered any parts yet.
His argument, several weeks later, is that as no contact occurred between vehicles it wasn't his fault and he just stopped as a courtesy, cheeky fecker! Basically he pulled out on me at a roundabout, I slammed on the front brakes and went down. At the time the cop made it quite clear it was his fault!

Will speak to the cop, when I can get hold of him, and ask for a letter and take it from there. Once again thanks guys.

[vifferman]

His argument, several weeks later, is that as no contact occurred between vehicles it wasn't his fault and he just stopped as a courtesy, cheeky fecker! Basically he pulled out on me at a roundabout, I slammed on the front brakes and went down. At the time the cop made it quite clear it was his fault!
I was luckier than you, then.
I had a woman in a BMW change lanes abruptly, and either just clipped me (don't think so) or I dropped it when swerving and braking hard. Either way, there were a couple of detectives at the intersection at the same time, who stopped, made sure she admitted liability (which she had before they stopped), but gave me their numbers just in case the money side of things went pear-shaped.
As it was, I gave her details to the insurance company, got the bike fixed, no more hassles. (Just as well too - I'd only just got it back from the shop shortly before that after having the damage from the Kamikaze Pedestrian repaired!)

[Devil]

I was luckier than you, then.
I had a woman in a BMW change lanes abruptly, and either just clipped me (don't think so) or I dropped it when swerving and braking hard. Either way, there were a couple of detectives at the intersection at the same time, who stopped, made sure she admitted liability (which she had before they stopped), but gave me their numbers just in case the money side of things went pear-shaped.
As it was, I gave her details to the insurance company, got the bike fixed, no more hassles. (Just as well too - I'd only just got it back from the shop shortly before that after having the damage from the Kamikaze Pedestrian repaired!)
I have wondered on a couple of occasions about that kind of scenario. No actual contact, but whatever they did caused you to bin. So assuming you have witnesses then the law is on your side?

[Stevo]

My opinion (for all it is worth):
Definitely get the statement from the cop.
If you have insurance ==== CLAIM!!!!
It DOES NOT affect your no claims bonus BECAUSE it was the other parties fault. Ask your insurance company BUT make sure you have the cops statement first to make you you don't lose the discount.
Like the others said though the threat of going to court will inevitably encourage the guy to pay up or he normally has to pay you your costs plus any court costs.
But get the statement from the cop NOW. Before he shags you round any longer.

[marty]

getting money out of someone is a civil manner, that is why you have been dropped as a priority. chances are that cop has 10 others ringuing him about crashes that people have 'sorted' amongst themselves. you said you were knocked off, then said that you were cut off, and you fell off. which is it? get a copy of the crash report, and take that to your insurance. all the information they need is on there. you don't need a 'letter' from the cop, and the chances of getting one are....nil

[bear]

My opinion (for all it is worth):
Definitely get the statement from the cop.
If you have insurance ==== CLAIM!!!!
It DOES NOT affect your no claims bonus BECAUSE it was the other parties fault. Ask your insurance company BUT make sure you have the cops statement first to make you you don't lose the discount.
Like the others said though the threat of going to court will inevitably encourage the guy to pay up or he normally has to pay you your costs plus any court costs.
But get the statement from the cop NOW. Before he shags you round any longer.

Seconded, this is what happened to me in a car accident, guy was a loser but becase I had his details and made a claim, I got my money and it was on the insurance company to work on the other guy.

[James Deuce]

Mate of mine had the same thing happen to him in front of a cop.

He got charged with careless driving because he lost control of the bike.

The cop involved made sure my mate's insurance claim went through though.

[F5 Dave]

The problem is that people are weasels!

He has justified it when explaining it to a spouse or mate & they have said, well there was no contact so it’s not your accident.

If a truck swerved onto the wrong side of the road & they avoided it but ran into a ditch then whose fault is it? Damn straight they would be chasing the truck.

The only question is did the person (you in this case) over-react or act incompetently to the situation. Imagine if you passed a car & they got scared & clipped a parked car, is that your fault or just their incompetence?

But if a cop has said it was his fault seems pretty clear cut.

No matter what the F’ers say at the crash site they will always change their mind.

PS buy a new helmet if there is any doubt, the real damage happens when the inside layers are compressed.

[KATWYN]

Will speak to the cop, when I can get hold of him, and ask for a letter and take it from there. .

Hopefully the cop won't hold you out another 3 months for the letter.

If it does happen and the cops too busy,maybe you could draft a letter up yourself and just get the cop to sign it. :shifty:

[spudchucka]

Hopefully the cop won't hold you out another 3 months for the letter.

If it does happen and the cops too busy,maybe you could draft a letter up yourself and just get the cop to sign it. :shifty:
The cop is under no obligation to write a letter or to enorse one written by anybody else. Get a copy of the crash report. It usually involves making a request under the official information act and a fee of about 50 bucks. If the circumstances are in your favour then the report will be all that you need.

[marty]

i think one of the parties may be entitled to the TCR for free - it's only 3rd parties that have to pay. take resposibility for your own life and stop waiting for others to bail you out. phone the crash office TODAY, get the TCR, take it to you insurer. if it was the other persons fault they should pay and chase the excess from the other driver.

[Sniper]

NEVER give up :2guns:

I second that but I wouldnt approach him with 2 pistols :msn-wink: :whistle: :laugh:

[KATWYN]

The cop is under no obligation to write a letter or to enorse one written by anybody else. .

I was joking about "drafting" up a letter thats why I put that little
shifty face at the end.

[spudchucka]

I was joking about "drafting" up a letter thats why I put that little
shifty face at the end.
I guessed that, please don't think I was having a go at you in any way. :sunny:

[rodgerd]

If you have insurance I'd go see the insurer and tell them you want their advice on how to get this guy to pay up. You would rather not make a claim as the dollars won't stack up re loss of no claims boun (assuming that's the case).


If it's the other guy's fault - and the police say so - I'd be very surprised if you lose your no claims bonus.

[scumdog]

Down here the insurance companies contact Police to get a copy of the crash report and the attending cops judge of who was at fault, if your case is as you say then the other driver would have got a ticket for "Fails to Give Way" which in itself is an indication of who is guilty, especially if you did NOT get a ticket. :niceone:

[slick]

Best bet seemed to be an insurance claim then. Checking my policy they only give you 28 days after an accident to get your claim in! Was about to call them to check when who should call but the original cop who attended the incident!! He'd finally talked to the other guy and told him not to be such a twat and pay up! He's going to arrange paperwork and sort out a monthly payment of $100. WOW new respect for the cops, may be slow but I think we're getting there, do you think I could get away with adding interest? 4 months at 25%, might buy me a couple of beers to celebrate!!

[Ms Piggy]

NEVER give up :2guns:
Yup I'm with Mike! Sometimes you gotta fight for your rights! :headbang:

[ManDownUnder]

do you think I could get away with adding interest?


For some reason "Snow ball's chance in hell" comes to mind... but that being said - you are (shold be) getting $100 payments out of the guy.

Get the cop to include the warning that any costs incurred through collection activities resulting from non payment will be added to the total owing.

Then, if they default, you can walk around the corner to Baycorp, and ask them to help.. all on his own dollar!

I think that's how it works anyway
MDU

[Marmoot]

Um... If you haven't got insurance ask the cop for a statement of fault and then lodge in the small claims court... only costs $30 I think. Worst case the guy pays you $10 week for a year, but better than nothing.

The threat is usually enough to get people to cough up.


Yes, that is the one :rolleyes:
Don't forget you owe the cop a cup of coffee for his time.
They are busy people, u know.

[Velox]

The problem is that people are weasels!
:sneaky2:


I have a similar prob with a taxi driver. I actually ran into him which legally isn't the best, but he was parked right on a blind corner which was pretty damn stupid, and when the cops came they gave him an earfull so I just kept out of it. It was pretty clear that they thought he was primarily at fault and they told him that and their last comment to him was that if he kept insisting he was right they could sort it out in court. So it was left at that, no report filed because it was pretty obvious where liability lay, but now the taxi driver is coming after me for $ - :bash: I'm just writing 'firm' letters to his insurance company saying all this, under the guidance of my uncle who conveniently happens to be a police lawyer. :sweatdrop Let's just hope it works out - what cheek eh!