Please done post this on Facebook.
Has anyone had any dealings with Qcat or Civil court (Small claims).
Long Story short, My husband and I were trading our car in and the insurance expired at midnight and the car was to be traded in the next morning at 10am. Leaving a school car park and this girl (18 years old) reverses in to me, she doesn't have insurance and well ours ran out at midnight (because as of a few more hours the car would no longer be ours) She accepted liability and asked me to get 2 quotes and she will pay to get our car fixed (We could no longer trade it from the damage caused but still bought the new car) So I go out of my way to get 2 quotes for her, she chooses the cheapest one which is fine by me I just want the car fixed. She then proceeds to tell me she can only afford to pay $20 a fortnight for the next 4 years so its paid in full... well obviously this doesn't work for us. The car is no longer roadworthy and cannot be driven due to the damage. We had mediation with QCAT and again said she could only afford $20 a fortnight to pay it off, we obviously didn't accept this as it would take her 4 years to pay off and by then the car has devalued even more and the quote wouldn't even be valid. Because we didn't come to an agreement we now have to go to court and its giving me major anxiety (Currently 30 weeks pregnant as well so this stress and anxiety isn't helping), I have never experienced anything like this. Has anyone been to court and they have allowed someone like her to pay off the debt? $20 a fortnight for 4 years isn't really fair in my opinion.
Her mum was with her at mediation and I feel like her daughter was in the wrong so wouldn't she want her to make everything right, I don't think its a very good example to be teaching her daughter.
7 Replies
Unfortunately you are both wrong In this situation and you are probably going to have to bear a portion of the costs. Courts don't like anyone who drives without insurance for what ever reason. If you had had insurance your insurance would have paid out. You can get insurance for a day
Yes this is why you need your own insurance to cover yourself. In this instance your insurance would pay out and chase her. Without it, a court cant make her pay money sje doesnt have so will get away with minimum weekly repayments.
You should have claimed the accident happened on the final day you were covered. Moooost probably illegal, but it would have made things a hell of a lot easier!
Been in this situation and if they can prove they don't have the means, the court will allow them to pay off, this was a while ago.
It's an expensive lesson. If you're driving the car keep it insured until it's in their hands, then cancel.
If she presents a good case then yes there is a good chance she will be able to pay it off. I know someone doing this and it fucking shits me but the opportunity is there so they take it.
In your position I'd pay to fix it, get rid of it and let her pay it back. It's the only way you'll reduce your out of pocket expenses.
Never ever drive a car without insurance, it is an expensive lesson to learn, that 18 yr old should have had insurance to, obviously she didn't if she can't afford to pay it in full, or her insurance company won't foot the bill. I'd pay to fix it and then sell it. Then allow her to pay it back, set up an account for it to go into and then leave it to accumulate over time.
Thanks for your comments ladies, we had court yesterday and it ruled in my favour. She is unable to pay it off and has to pay the full lump sum within 60 days. :-)