Jump to content
SAU Community

Need Some Legal/insurance Advice/help


Recommended Posts

The week before my car was written off, I got into an accident with a woman in the city.

She was at fault, and that was all sorted.

I sent her quotes to repair my car. The week after that, my car was written off.

I spoke to legal advice at uni, and they told me that I am legally entitled to that money, despite my car being written off, so I was assured of that.

She called me up yesterday and said she would pay for the cheaper quote (obviously).

I recieve the cheque in the mail today, and it is addressed to the Panel shop, not to me.

What do I do?

Call her up and say I need the cheque in my name?

Should I tell her the car is written off? -I'm only avoiding that because she will try and get out of paying, and I'm trying to avoid lawyers and legal costs.

She also said that she will only pay the full amount after the work has been done, which means I would have to pay out of my own pocket (with money I dont' have) and then she would re-imburse me.

Is this usually how this happens?

Link to comment
https://www.sau.com.au/forums/topic/88728-need-some-legalinsurance-advicehelp/
Share on other sites

Ages ago... RACV sent me a cheque to get damage fixed (someone else at fault) after receiving a quote from one of their approved repairers.. and I was told I could just keep the money and not fix the damage (was pretty minor and didn't give a rats ar5e anyway)... so I did!

Its none of her business if you get it fixed or not.. she's liable for the damage one way or another.

I'd just ring her and ask her to put it in your name & tell her you don't have cash lying around to fix the car, you need the full amount asap, give her back the other cheque.

Are you going through insurance or privately?

Ages ago... RACV sent me a cheque to get damage fixed (someone else at fault) after receiving a quote from one of their approved repairers.. and I was told I could just keep the money and not fix the damage (was pretty minor and didn't give a rats ar5e anyway)... so I did!

Its none of her business if you get it fixed or not.. she's liable for the damage one way or another.

I'd just ring her and ask her to put it in your name & tell her you don't have cash lying around to fix the car, you need the full amount asap, give her back the other cheque.

Are you going through insurance or privately?

Privately.

She told me she was with RACV, but it turns out she lied and isn't insured at all.

Ditto........

She has no legal standing to make you fix the car out of your pocket first, then pay you after.

In a calm manner ask her to re-write the cheque to your name, for the full amount, mention that you have contacted legal aid and that she can not legally refuse this request. If she refusses, do not argue, simply state that your solicitor will be in touch. Ask your uni legal aid if they could make a phone call, on your behalf, stating that they are legally representing you and once they spin their legal jargon she will be writting that cheque b4 the conversation has ended :P. If your uni legal aid are unable to make the call you have a choice btw 2 options; Contact a solicitor (PM Ash-R31Nismoid, he knows someone) and pay a small fee for the call/service, or ask an older family friend to act as a solicitor :)

All the best

Thanks for that Al.

I'm going to call her up either tomorrow during the day, or possibly Monday.

And ask for the full amount in my name.

I really don't want to get lawyers involved, but my mum has contacted her lawyer, and he said if necessary, he will do it.

ouch.. your onevia got a good smacking!

I am not sure what you're really worried about as the car is dead now anyhow. Getting the money back to fix repairs that are not really applicable anymore to me is a 'who cares situation'.. but I can understand how its money for nothing.

She will be a bit sus if you get the cheque in your name (I would), but I guess, in the end, it doesn't really matter who it goes to.

I would have thought too, that any accident, it is the other parties responsibilty to fix the vehicle to the state it was before, and not pending any further damage or paying for any of that damage. Not just giving a person money to do what they like. But if the car is written off, would the 'agreement' be void in a way?? (but I'm no lawyer). Wonder if she could worm her way out of it?

ouch.. your onevia got a good smacking!

I am not sure what you're really worried about as the car is dead now anyhow. Getting the money back to fix repairs that are not really applicable anymore to me is a 'who cares situation'.. but I can understand how its money for nothing.

She will be a bit sus if you get the cheque in your name (I would), but I guess, in the end, it doesn't really matter who it goes to.

I would have thought too, that any accident, it is the other parties responsibilty to fix the vehicle to the state it was before, and not pending any further damage or paying for any of that damage. Not just giving a person money to do what they like. But if the car is written off, would the 'agreement' be void in a way?? (but I'm no lawyer). Wonder if she could worm her way out of it?

After speaking to a lawyer, he said I have to get that money, well, I'm legally entitled to that money. It doesn't matter to her if my car is gone, stolen, crashed, or anything.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Similar Content

  • Latest Posts

    • Join SAU NSW for a flame-grilled feed & flame-spitting cruise! Sunday 17th August 2025 3:30PM Meeting Archies Flame Grille Sylvania Waters 4:45PM Cruise Departure 5:15PM Arrival at Cape Solander Kurnell Meet Location: Archies Flame Grille Final Destination: Cape Solander Kurnell *Disclaimer* There will be a lead and follow car so no one should get lost. If you would like to attend or bring others along please put your name down and a +1 as numbers will be needed prior! This is NOT a race and we will all be adhering to all road rules. If this is what you want please come to one of our many track days. This is an official SAU:NSW event and will be run under a CAMS permit. One of the things that really sets our club apart is our commitment to being true enthusiasts. When on normal roads we strive to maintain good relations with the authorities as well as the public in general. When attending one of Skylines Australia NSW events please try to: • Be aware of surrounding environment and act accordingly. • Drive courteously on the state’s roads as a true enthusiast should. • Understand how important it is to maintain the good name of SAU NSW and thus, treat others accordingly. • Any misbehavior will not be tolerated and you will be asked to leave.
    • Yeah good luck out there! Will be good to see a mighty GTST going harder than the GTRs
    • i will be there 😁
    • Hello!  i just finished manual swaping my r34 skyline with a r33 rb20de box(RB71C)box  When the car is running it squeaks crazy loud and it was smoking from the gearbox area. The gearbox is fine it was tested. The clutch slave cylinder seems like it doesn't fully releases the clutch. I want to ask if this noise is from the throw out bearing or could it be the clutch assembly or disk att.xFliq87Gzw6kImKBVqDebXkj0fBqymk0JaYeP3_3SlM.mp4
    • A few small updates since the previous post and lessons. I decided to do a little interior light upgrade on the 110. I quite like the iilumo items, even if they're a bit of a premium over other brands. You'll also note the Stedi Fogs, that will go into the S15 fog lights as I needed to match the bulbs since I got the new ones earlier. I hope they fit as the body is quite a bit longer than your normal bulb.  Annoyingly, I managed to trip the fuse, which normally wouldn't be an issue until I located the fuse. I can't say I've ever come across this. I had lucked out that someone nearby had a spare, but oddly enough Toyota dealerships seem to keep this in stock. I ordered some to keep in my stash and as luck would have it, someone else nearby tripped the same fuse so I passed on the favour.  I also did a little service on the 110 ahead of some additional work coming up. It's been annoying that Goleby's stopped carrying this particular HKS filter for the 110, so now I need to keep them on order from Japan. I also took the opportunity to install a bash plate and number plate riser. The plate riser is such a cheap but nice fix to help really tidy up the car. I'm tempted to now also replace my headlights, on this car. Both items were from Project Aero.    I also needed to replace the rear tyres on the 110, and after trying to get it aligned learnt that I need to replace some bushes in the front end, so that's next.  Closing out this update with a nicer picture as always! 
×
×
  • Create New...