Hi, I was recently involved in a car accident when i was riding my motorbike, a Sri Lankan was driving on the wrong side of the road and hit me. My motorcycle has damages to the amount of $1510.20 as well as i need a new helmet (quoted at $389) and boots ($50). the police report and eyewitnesses claim that I was not the driver at fault. The other party has seemed willing to pay the damages, but now they know the cost, doesnt seem to be able to pay them, nor wants to and he is also uninsured. He is currently studying as an international uni student (meaning he has paid his fees upfront) but now doesnt seem to be able to pay. What can i do now? I need my bike back urgently, it is costing me money to not have it on the road and I cannot afford to pay, and I don;t think i should have to…help me please!
It is not illegal to drive in Victoria without insurance. I did not do anythign wrong, and as a p plater my insurance premium for only 3rd party fire and theft was more than what my bike cost. like i said I WAS NOT THE DRIVER AT FAULT. If you are only coming on here to tell me off for not having insurance, don’t bother, there is nothing illegal with not having it. Is there anything that I can do about him not wanting to pay for my damages as he has recently paid out a lot of money for a uni course?
Im not in the UK im in Victoria, Australia
Keep in contact with the witness, your going to need them!
You will need full details of the other driver, then make a claim at small claims court.
You may have to pay your witness a days wages to appear in court on your behalf, but it may be worth it.
It’s obvious you are going to be held off until the end of term when the other person can move on or even back to their home country, by registering your claim against them you have the legal system on your side.
Often just serving the summons is enough to make them find the money.
You can do all the leg work yourself, taking out the claim, serving the summons etc, and it’s not expensive.
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10 users responded in this post
forget about it…..walk both shouldnt of been driving without insurance.
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ADDITIONAL: then take them to court
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your screwed…. take this as a lesson and BUY INSURANCE
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first of all i need to know which country u belong to and in which country accident took place etc.. then only as per that i can give u advice
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You need to get insurance…………..plain and simple. Let this be a lesson to you.
If he won’t pay, looks like you are taking him to Small Claims Court! This could be awhile…
In the meantime, if you do go ahead and pay it yourself…KEEP RECEIPTS, the judge will want them all if/when they order him to reimburse you.
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The only thing you can do is beat the cash out of him. You cant expect any authority to help you as you were both breaking the law at the time by not being insured.
You have to take this matter into your own hands if you want to see some cash.
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Check out small claims court, and tell him that’s what your going to do. It might wake him up and cause him to do the right thing.
Good Luck and get insurance. Something worse could happen someday to you or someone else.
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tough luck, buy insurance next time!!!
You should be lucky to get away without a criminal offense.
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UK it is a criminal offence to drive without insurance, whether its your fault or not.
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1. You need the Police report, and eyewitness reports.
2. You need a lawyer.
3. Even if you win in court, this does not guarantee you’ll be paid.
4. The moral of your experience has to be, next time, have insurance.
If you can’t afford insurance, you shouldn’t be on the road.
Being "in the right" is one thing. Being uninsured is extremely foolhardy.
Sell the bike off cheap, as is. That’s assuming you paid more for it (or are paying), than the damage is worth. You still need to pay out the loan, if you have it.
Chalk it up to experience.
Be careful of the racist slur, too.
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Keep in contact with the witness, your going to need them!
You will need full details of the other driver, then make a claim at small claims court.
You may have to pay your witness a days wages to appear in court on your behalf, but it may be worth it.
It’s obvious you are going to be held off until the end of term when the other person can move on or even back to their home country, by registering your claim against them you have the legal system on your side.
Often just serving the summons is enough to make them find the money.
You can do all the leg work yourself, taking out the claim, serving the summons etc, and it’s not expensive.
References :
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