rowans17 19 Report post Posted May 22, 2014 (edited) Hey guys, At the beginning of this year i bought a Toyota Mr2 as a cheap run about . I have a Company VW so my second car gets minimal use, i just enjoy having a car i can use that isn't sign written..... or a 1.2TSI. One day i took the Mr2 out for a run because it hadn't been used for a while, got less than 1km from my driveway and got hit by a courier van. At the scene he accused me of cutting him off, took my business card and then left as he was "late for work." I then pursued a police report and they found that while i was least in the wrong and he was most in the wrong, the real fault lies with unclear roadworks related traffic signals. I am now in an awkward situation because i have body shop estimate for $2500 worth of damage. - My insurance company cant do sh*t because my car is only 3rd party insured. - The courier driver doesn't want to make a claim because he doesn't think its his fault, plus has minimal damage thanks to his nudge bar. - Downer who were managing road works at the intersection don't wan't a bar of it. - The Police can't take it further. But i'm told that he is legally liable for my damage as he hit the rear of my car.... Its now been 2.5 months since the crash and i want to sell the mr2 because i've got my eye on an e36. So i am kind of filled with questions, 2.5k is worth fighting for IMO - If i sell the car do i loose any chance of getting cash settlement for the damage? - The damage estimate is 2.5 times what i paid for the mr2 in the first place - mind you its had a bit of work. Would they insist on writing off the car and giving me peanuts? - Is there another option other than going to the disputes tribunal? - Can the disputes tribunal really just "force" him to pay, is that an expensive process? He is a contractor to the courier company but playing dirty and talking to his regional manager is an option... Thanks for reading hope someone can offer some advise/tips Edited May 22, 2014 by SN1TZR Quote Share this post Link to post Share on other sites
Rgvkiwi 10 Report post Posted May 22, 2014 No such thing as playing dirty! Work the system, he is bringing there company name in to disrepute etc..... Disputes tribunal CAN force him to pay, convincing them of your case is the tough part but if the police will put in writing he is at fault you are 99% of the way there.....I say convincing because often it can turn in to a mediation not a judgement...however we have successfully sued a dumb ass and "won" 100%... Selling the car, I doubt it but it will weaken your case AND your own resolve... good luck. 1 Quote Share this post Link to post Share on other sites
Etwenty1 45 Report post Posted May 22, 2014 His manager wont care, disputes tribunal or Spend $150 and get your/a lawyer to write him a letter saying that unless he admits liability and pays for your repairs within say 10 days you will be taking further action. You will need a copy of the police opinion in writing. If you are pursuing him for the costs you don't have to accept anything or have the car written off. That's what your insurer would do if you had full cover. This is what 3rd party insurance mean, you are on your own for damage to your car and you have to chase anyone who has no cover or refuses to admit liability. If you are lucky he will then get his insurance company to deal with you, and they will get to shag you round for a few weeks before offering you its market value. 1 Quote Share this post Link to post Share on other sites
rowans17 19 Report post Posted May 22, 2014 Sweet cheers guys!!! Knew someone on here would have useful advice!. Shame how 10 seconds of poor decisions can cause so much drama. Quote Share this post Link to post Share on other sites
atlantiskiwi 73 Report post Posted May 27, 2014 It's not fastway couriers is it? If so PM me. Quote Share this post Link to post Share on other sites
rowans17 19 Report post Posted May 27, 2014 It's not fastway couriers is it? If so PM me. Nah its not. Got some legal advice, when i said it was a courier driver the response was a sarcastic "surprise, surprise". Currently drafting a friendly letter to the Wellington regional manager. Quote Share this post Link to post Share on other sites
