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VIC Can't Contact Driver at Fault after Car Accident - Pay Excess?

Discussion in 'Insurance Law Forum' started by GhK, 10 August 2015.

  1. GhK

    GhK Member

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    A women backed into my legally parked car. She was about to drive off but I managed to stop her. She was very abusive and blamed her grandmother dying & she didn't have time for this. I managed to get her name, registration number & mobile number, she refused to give her address & drove off.

    RACV said I had to file a police report on the car accident and I will have to pay excess as the offender is not answering or has her mobile phone turned off and we don't have her address. The police are refusing to do a report saying the car insurance company can check out her address and that they can't because of the privacy act.

    Going around in circles even though I am an innocent victim. I cannot afford to pay the excess and can't understand why the RACV are not doing their job. Very frustrating. They are very quick to take their insurance payments.
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi GhK,

    To claim the excess against the driver, you can bring an action for damages (in trespass in property: vehicle) against her. Depending on the amount of excess claimed, you can probably do this in the Magistrates Court. Another way to get compensation from the driver is to try mediation. You can do this at the Dispute Settlement Centre of Victoria.

    Once you initiate an action, you can ask the court for a disclosure order so that you can find out the address of the woman (or her workplace so you can personally serve her). Or, you can see if you can serve her the action notice in other ways.
     

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