LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Minor Car Accident

Discussion in 'Traffic Law Forum' started by sarajay, 16 April 2015.

  1. sarajay

    sarajay Member

    Joined:
    16 April 2015
    Messages:
    2
    Likes Received:
    1
    Hi, I had a minor car accident and as it was more my fault I said that I would pay for both cars to get fixed, and neither of us had car insurance so it was going to come out of my pocket. I noticed that the other car had some previous damage on it which she owner had said that she was happy for me not to pay it. But as my damage was close to the previous damage it would all have to get fixed so we both agreed that I would pay 70% of the damage on that section of the car And she would pay the remaining 30%. We got the quotes done and I chose the one I wanted to get her car fixed through and worked out the percentages that we both had to pay and sent it through to her and suggested that she should work it out also.

    She told me that she didn't have to money to pay the 30% and that I should transfer all the money into her account and she will get her car fixed when she has the money. I don't feel comfortablewith doing this and I want to find out if there is a time frame and how long should I wait till she's ready to get her car fixed? Can she come to me in a years time and say she is ready to fix her car?
     
  2. ClareB

    ClareB Well-Known Member

    Joined:
    4 February 2015
    Messages:
    21
    Likes Received:
    8
    Hi Sarajay,

    It may be easier for you to simply pay 100% of the repair quote.

    I'm assuming the damage caused by you was on the same part of her car that was already damaged.
    Ie. she had a scratch on her back bumper, you've then caused a large dent in the back bumper?

    It may be the case that she was never planning to repair her back bumper or that she was.
    Regardless, you have accepted fault for damage to that part of her car and agreed to pay the repair costs.

    If you are not happy to pay 100% of the repair quote, you may need to seek advice from a solicitor to negotiate that the payment agreement of 70/30 be performed.

    Otherwise, you can take your matter to QCAT.

    The application form is as below:
    http://www.qcat.qld.gov.au/__data/assets/pdf_file/0019/100855/form-03-app-mcd-minor-debt.pdf

    The fees to take your matter to QCAT are as below:
    Fees and allowances - QCAT Queensland Civil and Administrative Tribunal

    Good thing about QCAT is that you do not need to have legal representation however, it can sometimes be a lengthy process.

    Hope this helps.
     
  3. Tracy B

    Tracy B Well-Known Member

    Joined:
    24 December 2014
    Messages:
    435
    Likes Received:
    70
    Hi Sarajay,

    How long does she have to fix her car and claim from you?

    Essentially, the other driver has an action in trespass to property against you (because you damaged her car). This is an action in tort. Under the Limitation of Actions Act (QLD) she has 6 years from the date of the accident (date when damage arose) to sue you in court or QCAT for compensation. This means, she can get her car fixed at any time after the accident and attempt to claim reimbursement from you for the cost. However, if she attempts to claim after 6 years, you can refuse and she cannot sue you in court because of the limitation provision.

    Should you pay her the full amount now?

    First thing you need to do is to draft this agreement up in writing. You need to clearly specify in the agreement that you will pay 70% of the costs. You should cap the payment to a particular amount, or define the "costs" as capped by the average of three (number can change) quotations. You should also describe the damage you will be paying for, and the damage you will not be paying for. In exchange, the agreement should state that the other driver agrees to forego any claims she has against you in relation to this accident. If you like, you can set a deadline for when the other driver needs to submit a quote for costs, or set the final cost amount to be claimed from you, and if you meet this deadline and the other driver is not ready, you have a right to set an amount and pay her 70% of this amount upfront, absolving any responsibility you owe toward her. Sign this agreement and date it.

    How you calculate payment and by when is up to you. The most important thing is to have any agreement the two of you agree on to be recorded in writing.
     
  4. sarajay

    sarajay Member

    Joined:
    16 April 2015
    Messages:
    2
    Likes Received:
    1
    Thank you Tracy for your response I will write this agreement now.
     
    Tracy B likes this.

Share This Page

Loading...