VIC Taxi Hit and Run - File New Report with Police?

[Funk1989]

Hi I'm trying to get some help on behalf of my sister.

She and her friend were victims of a hit and run incident involving a taxi. She says she was travelling straight through an intersection on a green light when her car was hit on the left front passenger side by a taxi who had run a red light (the driver was on the phone the whole time and had no passengers). He stopped got out of the car and assaulted her verbally and physically leaving bruises, he was still clutching his mobile phone the whole time. He then got back in his taxi and sped off.

The cops were called and the passenger door was so badly bashed in by the impact that it had to be cut open. She tried to file a police report right there but because she didn't get his plate or details, they said it would be useless and they would not be pursuing the case.

Well today is just over a month since the car accident and she just received a letter from this taxi driver's lawyer. He is saying that it's her fault and that he is pursuing for the damages to his car. It gives no details of the car accident. Meanwhile her car is in the workshop after having to be towed from the scene.

She has all the pics of the bruising where he grabbed and hit her repeatedly and the damage done to her car, what can she else can she do?

I've told her to go in with her friend and get the police to file a report with the new information, I'm guessing they must have some records of the accident from that night.

What will happen if he takes her to court?

 

[Rod]

She gets the opportunity to put in a counter claim!

Contact her insurance company, give them the letter and see if they will take over the running of the case.

Suspect the taxis claim will be your sister ran the red light. Get any/all witness + info together and definitely contact the police. Disappointing they never followed up an assault.

If the insurance take over, great, if not, you may need to have a letter prepared and sent back to the solicitor saying you deny all liability and you continue to reserve all your rights.

PS: buy a good dashcam. Makes these cases so much easier to prove.

 

[Funk1989]

Thanks for the help Rod.

She refuses to get her insurance involved in it, we've all already told her to contact them since day one and tell them what happened. I did advise her to contact legal aid (she can't afford a private lawyer) and the police asap, it's just annoying because she doesn't handle stress very well and just freaks out but won't deal with it. Hopefully now she knows her options, she'll do something about it.

It occurred really early morning and that intersection had no cameras nearby and no other witnesses except her friend. Just really unfortunate, I already tried to tell her that she has rights since he committed an offence by not exchanging details.