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VIC Should I Call Solicitor After Car Accident?

Discussion in 'Insurance Law Forum' started by Kerry calvert, 24 June 2016.

  1. Kerry calvert

    Kerry calvert Member

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    I was involved in a car accident last night. A driver turned right and ran into me as I was going through the intersection on a green light. I was driving my partner's car. Unfortunately (stupidly), it is not insured. Police and ambulances attended.

    The other driver and passenger were taken from the scene in an ambulance (non-life threatening injuries) before details were exchanged. Am I able to obtain these details from the police?

    A man who saw the accident, gave me his card if I needed a witness. Someone did say at the scene that the other driver is insured. He stated to the witness, "I didn't see the car".

    Should I get a solicitor to handle the car insurance claim?
     
  2. Rod

    Rod Well-Known Member

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    1. Ask the police for details in the first instance.
    2. Ask people for their insurance details.
    3. Contact their insurance company and find out what they want in order to make a claim.
    4. Follow their instructions (if they are reasonable) or get quotes to have your car fixed.
    5. Make claim.
    6. Get car fixed

    If it gets too hard, or you don't feel you can handle all this, get a solicitor.

    I got this snippet from the VicPol website saying they will give details out to affected parties:

    Traffic Accident Report


    Victoria Police provides a service to individuals and organisations wishing to obtain information about vehicle accidents that occurred in Victoria and were reported to Victoria Police.

    Please note that if no person was injured in the accident and all involved parties have exchanged name and address details, Victoria Police will not normally make a formal report of the accident. In that case the Accident Records Office will not be able to provide a report of the accident.

    Any person who is injured or suffers property damage as a result of a traffic accident may apply for a copy of the collision report, or may authorise a person to represent them and apply on their behalf.

    Victoria Police applies strict guidelines to the release of any information it holds, to individuals and organisations outside Victoria Police. The document 'How to lodge a vehicle accident information application form', accompanying each form, lists what information will be released as well as providing detailed information about completing the form.

    Please allow a minimum of 10 working days for Accident Report applications to be processed. Accident Reports cannot be released prior to the completion of the investigation. Delays may be affected by, for example, difficulty locating witnesses or people involved in the accident, delays in obtaining statements, of the need to seek further information to clarify the circumstances surrounding an accident.​
     
  3. Sophea

    Sophea Well-Known Member

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    Is the car just not insured for damage to other vehicles? Or is it not registered (i.e. no CTP)?
     
  4. Kerry calvert

    Kerry calvert Member

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    Our car is registered but we only had 3rd party fire n theft. I was not at fault, the other driver failed to give way at an intersection and drove straight into me. We have witnesses to this and now we are having trouble as he is not contacting us. We have his name and address, have left a letter in his letter box requesting he call us but as yet nothing.
     
  5. Sophea

    Sophea Well-Known Member

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    So if your car is registered, the other guy's injuries should be covered under your CTP, nothing to worry about there. Provided the police investigate the incident and find you were not at fault then the other guy or his insurer can't come after you for property damage to his vehicle. I would give your witness's details to police so they can follow it up.
     
  6. Kerry calvert

    Kerry calvert Member

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    As far as I'm aware they were checked at emergency and released straight away, the problem is not having any contact about insurance details. This bloke is responsible for the demise of my vehicle and I want compensation.
     
  7. Kerry calvert

    Kerry calvert Member

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    And yes the police have witnesses details
     
  8. Sophea

    Sophea Well-Known Member

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    Okay, well I would try to obtain a copy of police report as suggested.
     
  9. Ponala

    Ponala Well-Known Member

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    You can try and write to the other party but if he is not responding to you and making it difficult, you may find you need to engage the services of a solicitor to write demand letters etc.

    No need to get a copy of the Police Report at this stage. If you require the other driver's details you can go in to a police station and ask them to check if a TIS report was lodged for the accident and if so the ask to complete an 'over the counter' request for the driver's details and take it from there. If there is no TIS report Police done and police attended see if they are able to locate which Police unit attended.
     

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