help with a "whos fault is it"

[Milk]

how could they take u to court without u knowing?!?!!?

if its a summon u must b recorded

awww...*fingers cross* my daddy took my car out...i tell him a time restction must b back in 45mins..hope he will do so

then did they send u a summon ? is it a "should" go to court or "must" go to court?...but go anyway...just to see what happens...sigh* if u got the claim no.s and everything earlier on...then u can save up the 2k~

[inark]

the court case has already been seen by a judge and i wasnt even informed... he ruled that i pay but if i dont have to then i will contest it for not being my fault.

[Milk]

good:)inark i hope u will b fine very soon

[inark]

nah i doubt it will totally their fault so i'll just tell em i'll pay 50 a month as thats all i can afford

they can wait 4 years for it i dont care

[Milk]

yes do that nark

but u gotta show ur income i think...before u can make any decisions urself

[inark]

yeah thats why im going on wednesday... thats ok... i'll show im paying off both my cars, rent, get mum or dad to write up something to say that i owe them 5k and am paying them back etc etc etc

[Milk]

ok cool:)

good luck inark...i really wish u are just fine!

[Milk]

fix it all up b4 ur birthday comes:) i will too celebrate for u:)

[Al]

inark

If you rang the insurance, at the time of the accident they would have made a report in their computers. Ring up that insurance company and ask them if they have a record of the claim you made. If they do get the claim number and give this to the judge. At least you would only need to pay for the excess.

[inark]

my excess back then would have been almost as much if not more than the costs anyway lol

[JET-33]

il ask him tomoz nark, hes in bed

but MILK, it cant b the other persons fault cos he is allowed to turn in when traffic is clear and its not there responsibility if some1 is goin the wrong direction (eben if it is only reversing)

its just one of those f****d things

[inark]

my only real hope is if its double white lines

which i doubt it is

[NismoR34]

Also check for a *No u-turn* sign in the street, lots of busy small streets have them.

AFAIK: if you are reversing its your fault in almost ALL circumstances, this is probably why they decided to sue you for damages.

I thought an *unbroken line* replaced the old *double-lines* ? In this case look for that too.

If there is a tram track on that street then they definately aren't allowed to u-turn either [yellow lines mark this].

Good Luck!

[meggala]

.

also you should have been summonsed to the court talk to a lawyer quickly and get an angle its very beat able.

you main thing is they were able to contact you to pay the money why did they not contact you to defend your self.

you need to appeal the decision.

my thought are that a reasonable person when reversing and the area is clear should not have to worry about people traveling perpendicular to the road as you were in a park ing spot and you were allowed to reverse with in the confines of the parking spot.

see a solicitor you have a case and a good one. If your insurance co were sent the summons its there fault not yours that you were not represented.

remeber the one rule of law ignorance is no excuse

[ed]

when's the court apperance?

[SmoothLine]

  Quote

Originally posted by meggala

.

my thought are that a reasonable person when reversing and the area is clear should not have to worry about people traveling perpendicular to the road as you were in a park ing spot  and you were allowed to  reverse with in the confines of the parking spot.

exactly megs... nark this isnt your fault. For example... This would be like u backing out of your carpark in a parking complex and someone hits you T bone style within your carpark, if u get what i mean, lol, not your fault.

[inark]

ed this wednesday... its not actually a court case but merely me going to show my finances etc. im going to the spot tonight where it happend to check the lines to see if they are solid or not.

if they are i'll contact a solicitor tomorow morning... or maybe even regardless if they are or not... im not worried about the insurance company anymore cause the excess would be just as much even if i got them to pay it etc.

we'll see how it turns out tomorow.

[inark]

hey does anyone here know a good solicitor?

[NismoR34]

Yes, but at the end of the day, its your word against their's.

a few years ago i was in a similar boat - no insurance and the other person [at fault] denied it. My solicitor said you could spend like $1,000 dollars to take them to court and you may not get anything, if the judge decides that you can both pay your own way, or worse you lose the case...I can pm you my sloicitor details if you really want to pursue it.

Perhaps chat to legal-aid for some free advice!

[inark]

yeah but i have a witness