We live in Victoria and we had a car parked out the front of our house that was hit by a driver who blew over 0.05. The at fault driver actually smashed into the front of my daughters car which as parked on the opposite side of the road to the direction they were travelling. I have full security camera footage of the incident.
As a result, both her and their cars were written off. Our car was my daughters car and she is a P-Plater. The type of car she had was only insurable up to $7.5k due to the type of car it was (a Mitsubishi FTO which are very hard to come across in Australia) and her licence type, but this doesn’t come close to the amount of money she paid and put into the vehicle. As a result, she has been impacted both in her ability to source work (as she needs a car for work), mentally as she is significantly depressed as her car was her pride and joy and has no further funds to put in to “fix up” another car (you don’t get much car for $7.5k these days). She also know has to rely on Ubers for transportation so again, she is further out of pocket.
We have all the other driver details as the police attended and arranged for both cars to be towed away. This is also how we know the driver blew over 0.05. The other driver also admitted full liability.
Do we have a case to sue the other driver for additional costs involved in replacing the car with one of equal “value” (about $25k), loss of income, mental anguish and on-going out of pocket expenses until she saves enough money to replace the vehicle?
Appreciate any advice.
Thanks to all.
As a result, both her and their cars were written off. Our car was my daughters car and she is a P-Plater. The type of car she had was only insurable up to $7.5k due to the type of car it was (a Mitsubishi FTO which are very hard to come across in Australia) and her licence type, but this doesn’t come close to the amount of money she paid and put into the vehicle. As a result, she has been impacted both in her ability to source work (as she needs a car for work), mentally as she is significantly depressed as her car was her pride and joy and has no further funds to put in to “fix up” another car (you don’t get much car for $7.5k these days). She also know has to rely on Ubers for transportation so again, she is further out of pocket.
We have all the other driver details as the police attended and arranged for both cars to be towed away. This is also how we know the driver blew over 0.05. The other driver also admitted full liability.
Do we have a case to sue the other driver for additional costs involved in replacing the car with one of equal “value” (about $25k), loss of income, mental anguish and on-going out of pocket expenses until she saves enough money to replace the vehicle?
Appreciate any advice.
Thanks to all.
