NSW Car Accident with an Unlicenced Driver - Help?

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Kisa

Active Member
17 February 2020
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I was involved in a car accident with an unlicenced driver. Neither of us are admitting fault and I am receiving intimidating text messages and hassling me to pay their idea of a settlement price as the car was written off. We both didn’t have car insurance and I hit him after he suddenly braked on a roundabout.
 

sammy01

Well-Known Member
27 September 2015
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Were the police involved?

He is at fault because he was unlicenced. If the other party doesn't have your address? Just your phone number? Then block his number on your phone and move on.

Plan B? Tell him it was his fault as he was unlicenced and if he wants to dispute that fact he can take it up with the police. Further, ask that he stop contacting you. If he continues contacting you then show the messages to the cops and ask for their help. But I reckon blocking his number is a better idea.
 

Kisa

Active Member
17 February 2020
5
0
31
Unfortunately he does have my street number and street name because the license I gave him was a screenshot from the service nsw app and it cut off the suburb. If you search my address, there's a few within a certain radius around my actual address, but they'd easily be able to narrow it down via the location of the accident as it happened just around the corner from home. Just my luck. I've been considering just ignoring them, because everyone who I've spoken to along with people who have a legal background are telling me they have no leg to stand on and that they're just trying to scare me but no way will they take me to the police/court because they're digging their own grave.
 

Warbler

Active Member
25 April 2019
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Hi Kisa I think you will find that just because he didn't have a licence doesn't mean it wasn't your fault.
It's almost always the fault of the driver who runs
into the back of someone.
 

sammy01

Well-Known Member
27 September 2015
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I disagree.
BTW were the cops called? They should have been.

Sure it is generally the fault ofthe driver that runs into the back of another car is at fault - but not always and the original poster said he was disputing it.... O'l mate - tell the bugger who was driving around unlicenced to take it up with the cops. If he harasses you - tell him to take it up with the cops and that if the harassment continues you'll take it up with the cops. That will get rid of him.
 

Kisa

Active Member
17 February 2020
5
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31
So far they have stopped harassing me. It’s not even the driver it’s the uncle who apparently owns the car that keeps messaging me. Apparently he had no idea that his nephew didn’t have a license and again tried to point the finger at me but when I demanded quotes of the apparent damage I had caused and told them I will report his nephew to the police they stopped replying.
 

Warbler

Active Member
25 April 2019
11
0
31
Really Sammy? So if a particular set of circumstances apply and you cause an accident, it's your fault if the other driver is licensed, but not your fault if the other driver wasn't licensed? Rubbish.
If the Police had been called on the facts stated quite likely one person would have got a ticket for being unlicensed and the other for neg driving.
People stop suddenly in front of drivers all the time for all sorts of reasons. As the driver behind it's your job not to hit them. It's called strict liability if you do.
 

Kisa

Active Member
17 February 2020
5
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31
Whilst I appreciate everyone's input, the honest truth is I was hoping to get a response from someone who's an actual lawyer as I have not been able to get a clear understanding on where I stand. The above is just a slight context of the entire story.
 

sammy01

Well-Known Member
27 September 2015
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720
2,894
Kisa - you're not gonna get solicitors giving out free advice.
Warbler - Sure Kisa might have caused the accident and is 'at fault' for causing it. But when it comes to insurance. No licence means no insurance.
Car Accident with Unlicensed driver - What To Do & Who Pays
So if the cops were called Kisa would be fined for negligent driving causing an accident. The other punter would be fined MORE for driving unlicenced.

Since neither party was insured it is up to the parties themselves to sort it. My advice is do nothing. Let them try and take you to court.

AND if you did have comprehensive insurance, your insurance policy would have fixed your car. BUT not the car of the other driver - even if Kisa was at fault. WHY? the other driver was unlicenced and should not have been on the road.
 

Kisa

Active Member
17 February 2020
5
0
31
After I kept stressing and continued to get messages from them harassing me for money I went and saw an actual lawyer yesterday. He put his foot down and said that this is a shoe in because he was a piece of s**t that could have hurt himself and myself. He told me to text them one final time sayinf I have a lawyer, his details, and that if they are willing then take me to court. They haven’t said anything to me so we’ll see if they contact the lawyer.