Author Topic: court case (Read 103860 times)

bootlegger · « **on:** November 06, 2015, 08:38:15 PM »

Some of you know I was involved in a pretty serious accident in my corvette with a car driving on the wrong side of the road last year.Even though the evidence clearly showed the other car was on my side and we had a head on the police decided to charge me.I was seriously injured and 15 months later am still having problems.Not only did I have the physical issues to deal with but also the fact that the guy I hit has a mate who is a retired cop who had significant influence in the polices decision to charge me.Without going into boring details the pokice fabricated and altered information. They continually played games even getting into the ear of the judge at my first court appearance.I finally had my two days in court and the judge ruled that the police got it wrong and I am completely innocent of the charge.Even though the judge ruled in my favor and the charging officer admitted to making up my speed of 120 the prosecutor wanted to continue with the hearing. Their own police forensic report showed at the upper end I was doing 62 in a 60 zone.I feel this is a hollow victory as the judge refused to accept that the police knew the real story and believed tyat they did their job properly so I wasnt awarded costs.The total cost to prove the pokice got it wrong $60000 and I have to wait a month to see if they appeal.Id really like to thank the people who stood by me and believed my story.To the ones who dropped me like a hot potatoe when the going got tough I understand your concerns and dont hold any grudges. You had your reasons and I respect that.Either way I hope I can get on with my life. The police are the lowest forms of life on earth. They really played dirty through all this. They should hang their heads In shame.

gtc · « **Reply #1 on:** November 06, 2015, 11:13:44 PM »

Quote from: bootlegger on November 06, 2015, 08:38:15 PM

Even though the judge ruled in my favor and the charging officer admitted to making up my speed of 120 the prosecutor wanted to continue with the hearing. Their own police forensic report showed at the upper end I was doing 62 in a 60 zone. I feel this is a hollow victory as the judge refused to accept that the police knew the real story and believed that they did their job properly so I wasn't awarded costs. The total cost to prove the police got it wrong $60000 and I have to wait a month to see if they appeal.

Unbelievable! I'm glad to hear that you were found not guilty despite the best efforts of the police to have you hung, drawn and quartered. What possible grounds would the prosecution have to appeal?

On top of $60K in legals, you also have a written-off Corvette and I guess medical expenses.

Was this hearing in a Local Court before a magistrate?

bootlegger · « **Reply #2 on:** November 07, 2015, 06:46:27 AM »

Yep Graham local court. This female prosecutor hung onto this case for three court appearances. She didn't even want to let it go when the magistrate said I was innocent. To the point she called up the expert police forensic investigator and told him to somehow show how I was speeding. He said it's possible I was speeding but the science said I wasn't.
If there is a way for her to think she can get me they will appeal.
I really don't know where to go from here. I borrowed the money to do this. I reckon I need at least another ten to take on his insurance.
They won't want to give me what it will cost to replace my car.
They too will try and wear me down.

gtc · « **Reply #3 on:** November 07, 2015, 01:43:16 PM »

My guess is they would most likely appeal if the magistrate had awarded costs against them and, from what I read on the web for NSW local court hearings, that only happens when the magistrate decides that the prosecution effort was malicious or incompetent, or both. (Your legal team could confirm that or otherwise.)

In your case, from what you say, I think the magistrate gave the prosecution a free ride.

As for insurance companies, I reckon they will use any excuse to avoid paying up and the ambivalent nature of the magistrate's finding may encourage the other party's company to deny your claim and tell you to fight them in court -- knowing full well that it is uneconomical to do so.

StephenSLR · « **Reply #4 on:** November 07, 2015, 05:29:32 PM »

Quote from: bootlegger on November 06, 2015, 08:38:15 PM

the judge ruled that the police got it wrong and I am completely innocent of the charge.

Congratulations on getting that sorted. Is there any way for you to claim any recompense for being innocent?
If it cost you $60k, you should sue the pants off them.

s

bfit · « **Reply #5 on:** November 07, 2015, 07:23:27 PM »

Hi
I sent you a pm
Bfit

Scott · « **Reply #6 on:** November 09, 2015, 09:38:33 AM »

Wouldn't your insurance company cover your car, then ream the other guy, since it's been proven in court you he was in the wrong?

StephenSLR · « **Reply #7 on:** November 09, 2015, 09:44:37 AM »

Quote from: Scott on November 09, 2015, 09:38:33 AM

Wouldn't your insurance company cover your car, then ream the other guy

Hmm, interesting; does insurance also cover court costs related to your car in an accident?

I guess it's all in the PDS fine print.

s

Scott · « **Reply #8 on:** November 09, 2015, 11:42:32 AM »

Quote from: bootlegger on November 07, 2015, 06:46:27 AM

I reckon I need at least another ten to take on his insurance.
They won't want to give me what it will cost to replace my car.
They too will try and wear me down.

Insurance will cover the car, not the court stuff. I was referring to this. His insurance will pay out to replace the car, then get the $$$ back from the other guy. As he's not at fault and they have someone to regain the money from, it shouldn't affect his future premiums. (In theory)

bootlegger · « **Reply #9 on:** November 12, 2015, 11:21:47 PM »

I dont insure my cars. I had a broker out a few years ago to give me a quote for my collection. After telling ms the premium was thirty grand a year I just decided to cover myself.
Im a beater so any damgae I can fix.
Ive had to repair a car my wife ran into a whike ago.. when the owners tried to tell me they wanted to go through their insurance I gave them an ultimatum. I fix their car. I buy them and identical car and they give me theirs or if they werent happy with the repairs done I woukd still buy the another car and keep theirs.
I did the repairs and ive never seen them again.
If you factor in that ive never had a prang at all in thirty years I can lose a car now and again.
Having said all that I spoke to his insurance company yesterday and yes they are playing hard ball claiming they are not responsible.
I rang their solicitor and told him the judges findings. He changed his tune a bit when I told him I had the money behind me to fight.
It doesnt seem right that I had to fight the police and now them. At least in the civil court they have to weigh up their position. They lose they pay all my costs.
I was always innocent. The guy was driving on the wrong side of the road. Its hard for them to ignore that.

bootlegger · « **Reply #10 on:** April 14, 2016, 08:55:38 PM »

Well finally things are starting to move regarding my claim for the car. An assesor was sent out last week to see if it could be repaired.
He deemed it too far gone so now they plan to fly a valuer from qld to put a number on it.
I made it pretty clear that I wont put up with any games.
Its enough to buy another one or they can deliver one at my doorstep.
Considering what the insurance company is now spending im pretty sure they haved worked out who is liable for the accident.
Gee I hope things start turning around soon. I really miss driving my vette.

gtc · « **Reply #11 on:** April 14, 2016, 11:28:15 PM »

Quote from: bootlegger on April 14, 2016, 08:55:38 PM

Gee I hope things start turning around soon.

So do we, mate. You are way overdue for a win.

Scott · « **Reply #12 on:** April 15, 2016, 07:52:00 AM »

Quote from: bootlegger on April 14, 2016, 08:55:38 PM

Well finally things are starting to move regarding my claim for the car. An assesor was sent out last week to see if it could be repaired.
He deemed it too far gone so now they plan to fly a valuer from qld to put a number on it.
I made it pretty clear that I wont put up with any games.
Its enough to buy another one or they can deliver one at my doorstep.
Considering what the insurance company is now spending im pretty sure they haved worked out who is liable for the accident.
Gee I hope things start turning around soon. I really miss driving my vette.

Sounds like good news, finally!

bootlegger · « **Reply #13 on:** April 15, 2016, 07:19:55 PM »

I can see this going on for a long time yet. Its a fair bit of money now to replace A 425 hp coupe.
I just hope I get enough to bring another one in.
I know they are going to lowball me.

Jethro · « **Reply #14 on:** April 15, 2016, 08:30:09 PM »

my fingers are crossed for you buddy

bootlegger · « **Reply #15 on:** April 16, 2016, 05:16:06 PM »

Thanks. It seems lots of people have their fingers crossed for me. The sad part is this could happen to anybody.
I'm thinking of displaying the wreck at the GM day at Penrith next weekend with a signboard explaining what the lowlifes did.

Lefty · « **Reply #16 on:** April 16, 2016, 06:22:40 PM »

You may want to consider waiting for your payout.
Then tow it around behind your new car, to all of the meets?
Good to see this loving forward and trust you get a solution,
Lefty

bootlegger · « **Reply #17 on:** April 16, 2016, 07:43:33 PM »

Ill take what you say on board but I cant see how anything negative from the insurance company will eventuate.
Its still will take a bit to get it there. I need to see if my mate will lend me his tilt tray to get it over.
Ive got whole pile of paperwork to submit to the police integrity unit and the ombudsman next week.
It will go knowhere. At least I might rattle the old boys club a little.

bootlegger · « **Reply #18 on:** July 28, 2016, 11:00:28 PM »

Tomorrow is two years since I had my accident. Even though I have proven that the other guy was fully to blame I still havent received one cent for my car or anything else for that matter.
Its pretty frustrating. AAMI know im at a disadvantage and they are just playing hard ball. I simply cant afford to employ a lawyer.
Ive made initial contact with the insurance ombudsman and the Police Integrity commission.
What really p#isses me off is the other guy has had his personal injury claim refused based on the documents I submitted to my third party insurer.
Im kinda thinking im on my own with this one.
Hopefully ill get another car one day. In the meantime I just have to keep staring at whats left of the one I have.

Jethro · « **Reply #19 on:** July 29, 2016, 09:49:01 AM »

Thats so SO WRONG Bootlegger :( How much damage we talking about , pic ?