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Car Accident and Runaway Driver

Discussion in 'Insurance Law Forum' started by Sam Asking, 23 June 2014.

  1. Sam Asking

    Sam Asking Member

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    A car hit back of my car while giving way to traffic and caused about $1000 damage. I managed to take photo of driver's licence and car registration with 000's help, but he drove away before I could get his phone number and car insurance detail. A driver behind both of our cars saw the whole car accident and is willing to be witness. I went to local police asking help to find runaway driver's contact info or insurer, but I was told it's totally civil, they shouldn't be involved.

    Unfortunately, my car wasn't insured. My questions are how can I find his insurer and lodge a claim against this driver; or what options do I have if he's also uninsured or his not the owner?
    Many thanks.
     
  2. John R

    John R Well-Known Member

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    Hi Sam,
    Have you sent the driver a registered letter of demand for the $1,000 to the address on his drivers licence?
    If not, you may want to consider drafting a letter of demand to the driver using the LawAssist NSW - Sample letters of demand for Car Accidents as a guide.

    Hope this helps. Please keep us updated with your progress.
     
    Tim W likes this.
  3. Sam Asking

    Sam Asking Member

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    Thanks for reply, John. Yes, I did send him letter and attached quote from repairer in registered mail 2wks ago, no response. What can I do next, keep sending letters, or go to court against him?
     
  4. miss alley

    miss alley Active Member

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    If he is happy to ignore the letter, he may feel that you have no way to prove he committed the act. He most likely would not attend court when summonsed and the court will rule in his absence, most likely in your favour.

    Should he attend he will discover that you have a burden of proof the standard of which is "the balance of probabilities". Civil action requires far less than proof than "beyond reasonable doubt". The balance of probabilities requires 51% proof. In other words, it is more likely than not that he caused the damage to you vehicle.

    This may be easily proven by identification of the man in the court room as the man on the licence, who was also summonsed from the address given on the licence. Your witness may have seen you take the licence from the man to take a photograph of it, and/or may be able to identify the man himself.

    The police might infer that the gentleman was driving recklessly or negligently. Did you see the manner in which the man was driving? Did he appear intoxicated when the collision occurred? Reporting such information to the police may result in them commencing a small investigation where they may contact the man and warn him or possibly more. If you have information to provide them, ensure you provide the details of the witness also.

    You may find more help by calling a community legal centre. You should be able to find a local centre using a google search.

    Best of Luck
     

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