NSW Car accident not at fault, other party international student fled the country

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

bertzgl

Member
9 December 2020
1
0
1
Hi Everyone,
I'm completely lost with my current situation. I just have no idea how to proceed, been asking around couple of lawyers and they're not sure how to deal with this (maybe havent found the right expert in this matter). I have no comprehensive insurance neither does the damager.

So, I had a car accident on January 2020 (what a way to start new year, then covid hits). It was completely not my fault as i'm stationery at crowded intersection then a driver hit me when turning when he turn into my street (dont know how but completely neglicence).

He then called his cousin, and his cousin owns a body repair shop. We then agreed and signed an agreement that the other party was at fault and he agreed to fully pay the repair.

He was apparently an international student and was driving his cousin car, no idea if he was instructed or doing any errand for the cousin. It is a high horsepower car as you can hear the mod exhaust just roaring when i was getting hit. It completely broke my rear suspension and it first came out at $35000

From what I know right now, he had fled the country, went back to China. His cousin is australian citizen tho.

So the lawyers i'm talking to some recommend to plead for vicarious liability to the car owner but i'm not sure if this can succeed in court.

I just want to hear anyone who had experience this matter and had managed to recover some money back.

Status of my car is I ended up write it off and sell it to the cousin workshop due to him saying if i'm not selling him the car, then he will charge me for the rental costs (as the damager never send any funds to cover the rental). Checked with pickle, the offer was close and a little higher than Pickle. (His profit is it is not legally "written-off"

My biggest concern with VL is that i'm losing the fight and I will need to cover the other party legal cost, which end up me losing even more than i already had.

Anyway too long, I would appreciate any help from you lovely peeps :)