Who Pays?

Stagea
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Who Pays?

Postby Stagea » Fri Nov 26, 2010 3:57 pm

Please if some one could help?
Giving a mate a lift home because he had been drinking; in our car which wasn't insured... Our car is collected and written off by a bloke in a stolen car who is being pursued by Police. He (the Offender) goes through a red light (as do the police) collecting our vehicle as he passes through the intersection. Offender is apprehended at the scene. We are assured by the police attending and the chase coordinator both at the scene and when statements were taken at Collingwood Police Station, that they (the Police) will take responsibility as there was noway that the offender would have known that they had moments earlier ceased chasing... Estimated impact speed of offender in excess of 114Kmp/h as per the last call from pursuing vehicle...
Out come NO ONE WANTS TO TAKE RESPONSIBILITY for the accident now. Offender has injured my partner who was driving the vehicle and whilst we will pursue that through TAC, who do I pursue in reinstating of our crashed vehicle? I have contacted Vic Police Collisions Officer who tells me that the chase had ended (even if the offender didn't realise this).
I thought there would still be an accountability as the accident would not have incurred if the offender was not being chased?

Hardy
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Postby Hardy » Fri Nov 26, 2010 4:51 pm

I would have thought the accident would not have occurred if the offender had stopped at the red light or earlier.

I take it you didn't insure your car against property damage?

Stagea
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Postby Stagea » Fri Nov 26, 2010 6:09 pm

Hardy wrote:I would have thought the accident would not have occurred if the offender had stopped at the red light or earlier.

I take it you didn't insure your car against property damage?


As mentioned in the initial post; our vehicle was not insured at the time. The bloke who stole the car is a repeat offender according to the Police and had in the next 48 hours from this incident stolen another car and tried to run over two police officers on foot. I have been told that the offender could be sued as a civil matter but the likelihood of compensation from somebody who has been in and out of detention most of his life with out assets is bare to none!

oscar
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Postby oscar » Fri Nov 26, 2010 7:32 pm

Stagea wrote:.... is bare to none!


and not wanting to be rude, but that is about the chance of the police paying for your car (or the crook for that matter)

get insurance in the future, cos you don't know when you'll need it

Hardy
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Postby Hardy » Fri Nov 26, 2010 9:00 pm

who do I pursue in reinstating of our crashed vehicle?


You have correctly analysed the problem as one where you are self-insured so you must cover the cost of repairing your car if you are unable to recover damages from the offender or anyone else. There is not much hope of getting it out of the police.

Perhaps your mate who asked you to drive him home will chip in?? :)

Stagea
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Postby Stagea » Sat Nov 27, 2010 11:33 am

Hardy wrote:
who do I pursue in reinstating of our crashed vehicle?


You have correctly analysed the problem as one where you are self-insured so you must cover the cost of repairing your car if you are unable to recover damages from the offender or anyone else. There is not much hope of getting it out of the police.

Perhaps your mate who asked you to drive him home will chip in?? :)

Please, I know that insurance should have been place. Unfortunately we were unable to afford it, luxuries such as food come before insurance for a vehicle that was driven rarely and owned outright.
I admit when responding to the call for help at 3am in the morning, I certainly didn't think it would end up costing us a car worth $30K to replace and no income coming in because now the driver is unable to work. Thanks for your concern though; I thought that this web site / forum would help in the legal advice and responsibilities of all of those involved rather than the focus being that I cocked up!

oscar
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Postby oscar » Sat Nov 27, 2010 3:42 pm

toughen up princess

no one has said you cocked up

the advice is that no-one is going to pay for the damage to your car and that you should get insurance in the future

maybe apply to VOCAT ?

Stagea
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Postby Stagea » Sat Nov 27, 2010 10:03 pm

oscar wrote:toughen up princess

no one has said you cocked up

the advice is that no-one is going to pay for the damage to your car and that you should get insurance in the future

maybe apply to VOCAT ?


Thanks for the can of harden the fuck up! Cheers.

Hardy
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Postby Hardy » Sat Nov 27, 2010 11:18 pm

Basically you are asking whether you have a good claim against the police for the loss of your car.

I think you have Buckley's, but perhaps you should have go and let us know what happens.

Stagea
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Postby Stagea » Sun Nov 28, 2010 12:16 am

Hardy wrote:Basically you are asking whether you have a good claim against the police for the loss of your car.

I think you have Buckley's, but perhaps you should have go and let us know what happens.

Thanks for the heads up. I see you are a barrister, so I assume that if anybody knows it would be yourself!
I honestly thought that we would have a case based on the fact that the likely hood of the accident occurring if the offender wasn't being chased was basically NIL?
I will post an outcome, the offender is appearing in Court on 12th December. By the way; the stolen car (driven by the offender) had third party but apparently that isn't worth the paper its written on either. A bit like the admission by the police for responsibility to us, running with the foxes and hunting with the hounds. Thanks again for your comments. Jax

Hardy
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Postby Hardy » Sun Nov 28, 2010 1:49 pm

It was the owner of the stolen car who had third party insurance rather than the car itself. You would have to sue the owner and/or driver of the stolen car then the insured might make a claim on his insurer. But the insurer would not have to pay out unless it was shown that the car was being driven by a person who was acting as the agent or with the authority of the insured.

The owner of the stolen car is covered for theft, so his insurers will pick up the bill for his car. The insurers might, like you, then seek to recover their loss from the police if the police are liable for the accident.

However, as I understand it, the police policy of compensating people for damage suffered during a pursuit is simply a matter of goodwill and does not flow from a legal obligation. If a car the police are chasing rams another car out of the way so it can proceed through a red light, the police might decide to compensate you for the damage you suffer even if they are not at fault.

Stagea
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Postby Stagea » Tue Jan 18, 2011 9:30 am

Just letting you know that we do now have a claim in with the Police insurance company as they did (eventually) come to the party.

Stagea
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Postby Stagea » Tue Jan 25, 2011 7:13 pm

Stagea wrote:Just letting you know that we do now have a claim in with the Police insurance company as they did (eventually) come to the party.

We produced purchased documentation and added modifications and settled at what we thought it would be worth to replace.
Thanks for the opportunity to even ask assistance or get an expert opinion, I will be telling others of this site. Well done!

Day
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Postby Day » Tue Jan 25, 2011 7:23 pm

Stagea wrote:Just letting you know that we do now have a claim in with the Police insurance company as they did (eventually) come to the party.


Thanks for the updates. Closure is good, especially when there is a happy ending. Good news. :D


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