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QLD Car Accident with Truck Driver - Get Him to Pay Excess?

Discussion in 'Traffic Law Forum' started by smarting, 14 October 2015.

  1. smarting

    smarting Member

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    I was angle parked at an auctioneers while collecting items bought. A truck was parallel parked slightly further up the driveway behind me. I carefully backed out as I had to back around the rear of the truck and it was stationery at the time. It started moving when I was completing my turn and I saw it looming up so stopped but he continued and after scraping the rear driver passenger door severely, the truck ripped off the rear bumper.

    The driver gave me his name and address and phone number but said it was my fault and he had borrowed the truck so didn't know the insurance details. Then he drove off. When I phoned him to get the insurance details he put the phone down. Fortunately I am insured and have had a quote for $3,300 to repair the damage from the car accident but I have to pay $800 excess which I cannot really afford at the moment.

    Is there any way I can demand the driver or the insurance company of the truck to pay this under Traffic Law? My car insurance company says in this sort of claim due to reversing the respective vehicle owners have to pay for their own damage but the truck wasn't damaged at all.
     
  2. Rod

    Rod Well-Known Member

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    Without a diagram it is hard to visualise, particularly as to where you stopped when the truck kept reversing. I suspect both parties are partly at fault hence the attitude of the insurance companies. You can sue the other party but if you don't do it yourself you'll probably be paying more in legal fees than $800, even if you win. Lawyers rarely charge scale costs and courts generally only award scale costs at the best of times. There's a chance you'll win but each party pays their own costs.
     
  3. smarting

    smarting Member

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    Thanks. That is about what I thought but I wanted a legal opinion.
     
  4. Rod

    Rod Well-Known Member

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    FYI, I can't give legal opinions.

    Two reasons - not qualified, and this website doesn't allow them anyway.

    We give practical tips :)
     

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