Author Topic: court case (Read 100872 times)

bootlegger · « **Reply #20 on:** July 29, 2016, 09:33:33 PM »

Its totalled im afraid . Everything is trashed from the dash forward. I did price out the parts to rebuild it. It just got out of hand. I stopped at $40000. Plus labour
I just want to buy another one.

bootlegger · « **Reply #21 on:** August 19, 2016, 08:04:42 AM »

So AAMI have deneid liability on my claim for the car. It seems the judges ruling in the criminal court that the other guy caused the accident doesnt count.
Now I have to start all this stuff again.
Cruel people hide behind their jobs to destroy a normal persons life.
This decision is purely money based and has nothing do with the truth.
They are just calling my bluff.
Off to court we go.

StephenSLR · « **Reply #22 on:** August 19, 2016, 09:25:34 AM »

Quote from: bootlegger on August 19, 2016, 08:04:42 AM

So AAMI have deneid liability on my claim for the car.
Off to court we go.

Best of luck with that, give it as much publicity as possible. You'll be surprised how quick they change their minds in the face of bad publicity.

Throw up a post on their facebook page and post the link here; I'll attack them too. lol

s

Reklaw · « **Reply #23 on:** August 19, 2016, 10:31:10 AM »

Here's a pic of Bootlegger's 'Vette. This was taken during a "reconstruction", thats why the white car is unscathed.

StephenSLR · « **Reply #24 on:** August 19, 2016, 10:36:29 AM »

Quote from: bootlegger on August 19, 2016, 08:04:42 AM

So AAMI have denied liability on my claim for the car.

What's their excuse?

s

bootlegger · « **Reply #25 on:** August 19, 2016, 03:15:31 PM »

There attitude is they believe I caused the accident. I asked for a reason why and they remarked we dont need to give you one.
All they have is the initial police report that claims I was doing 120kph at the point if impact.
Two forensic investigators (mine and the polices ) both agreed my speed was no more than 62.
With this bit of inormation the magistrate said the accident wasnt my fault. The other guy was fully on my side of the road. I had no chance.
For whatever reason AAMI wont accept his ruling.
This whole deal is really wearing me down. I just want to get on with my life.
I wont back down. Just have to keep plugging away at it. Its a shame its going to cost more money for everyone.

bfit · « **Reply #26 on:** August 19, 2016, 04:08:23 PM »

I would do two things.
One go to my local member of parliament and complain. And write to your federal member as well.
Tell him or her that your next stop is A current affair and then go there.
Stir some sh#t you will be surprised how things will develop.
When you get to news program first thing tell them you have just been to your local member.
And them lay all you evidence out too them.
Insurance companies are on the nose rite now. I bet they will run with it.
Bfit

Jethro · « **Reply #27 on:** August 19, 2016, 04:42:42 PM »

what a crying shame , don't only because a lovely vette is damaged but more so that its getting it fixed has come to this for you buddy

bootlegger · « **Reply #28 on:** August 19, 2016, 05:30:49 PM »

There attitude is they believe I caused the accident. I asked for a reason why and they remarked we dont need to give you one.
All they have is the initial police report that claims I was doing 120kph at the point if impact.
Two forensic investigators (mine and the polices ) both agreed my speed was no more than 62.
With this bit of inormation the magistrate said the accident wasnt my fault. The other guy was fully on my side of the road. I had no chance.
For whatever reason AAMI wont accept his ruling.
This whole deal is really wearing me down. I just want to get on with my life.
I wont back down. Just have to keep plugging away at it. Its a shame its going to cost more money for everyone.

gtc · « **Reply #29 on:** August 19, 2016, 08:09:47 PM »

Quote from: Bfit on August 19, 2016, 04:08:23 PM

I would do two things.
One go to my local member of parliament and complain. And write to your federal member as well.
Tell him or her that your next stop is A current affair and then go there.
Stir some sh#t you will be surprised how things will develop.
When you get to news program first thing tell them you have just been to your local member.
And them lay all you evidence out too them.
Insurance companies are on the nose rite now. I bet they will run with it.
Bfit

I reckon that's a good plan exactly as stated.

It might also be worthwhile checking if the Financial Ombudsman Service can help (but they won't get involved if a court case is pending.)

ACA has had many successes getting justice for the little guy when big companies are playing tough.

bootlegger · « **Reply #30 on:** August 19, 2016, 09:56:54 PM »

I have to get all this in writing from them before I go off and cause a whole pile of trouble.
The financial ombudsman is funded by the financial institutions that we complain about such as AAMI.
They are a toothless tiger.
I have to be very careful as both my personal injury claim and the one for the car could affect each other.
Its a minefield Im afraid.
There is so much to learn. One thing I have learned out of all this is you are very much on your own.
Everyone thinks only of number one.

gtc · « **Reply #31 on:** August 20, 2016, 12:30:06 AM »

Quote from: bootlegger on August 19, 2016, 09:56:54 PM

The financial ombudsman is funded by the financial institutions that we complain about such as AAMI.
They are a toothless tiger.

I can't speak for the FOS, but the Telecommunications Industry Ombudsman is funded by the telcos, and they hate copping TIO fines, so these industry-funded watchdog things can work.

bootlegger · « **Reply #32 on:** August 20, 2016, 08:01:12 PM »

I really dont t know what to do next. My solicitor is telling me to back off the Finacial ombudsman. Im going to wait a little more before I start something that may blow up in my face.
They play this game all the time.
Their plan is to wear me down and take a lowball offer because ive had enough.
They reduce their costs by somehow getting you to accept that you have a percentage of blame for the accident.
It usually involves them trying to prove you didnt take any evasive action to avoid the collision. Not swerving or braking means you are partly to blame.
If you have a crash on a corner or in a round about the best you can expect to get is 50% of your claim.
The insurance term is "knock for knock".
This contributory negligence is negotiated by the insurance companies.
They just pay you out normally for the insured amount and you are none the wiser that even though you believe you were not at fault the industry has decided otherwise.
Im sure at the end of the year they just get together and divvy all the money amongst themselves.

gtc · « **Reply #33 on:** August 20, 2016, 11:29:05 PM »

Quote from: bootlegger on August 20, 2016, 08:01:12 PM

My solicitor is telling me to back off the Finacial ombudsman.

You're paying for his advice, so best to follow it.

These things usually boil down to a battle of the wills. He who holds out longest usually wins. Insurance companies have been known to settle on the steps of the courthouse on the day to avoid the case being heard.

Of course it all costs money, and they have plenty of it.

StephenSLR · « **Reply #34 on:** August 21, 2016, 08:37:03 AM »

Quote from: gtc on August 20, 2016, 11:29:05 PM

Insurance companies have been known to settle on the steps of the courthouse on the day to avoid the case being heard.

Of course it all costs money, and they have plenty of it.

Do they pay for your solicitor costs or is that something you negotiate on the steps?

s

gtc · « **Reply #35 on:** August 21, 2016, 01:59:46 PM »

Quote from: StephenSLR on August 21, 2016, 08:37:03 AM

Do they pay for your solicitor costs or is that something you negotiate on the steps?

As there is no judgement involved, costs would have to be part of the negotiated figure.

stingray · « **Reply #36 on:** August 22, 2016, 11:04:10 AM »

It appears that the initial police report of 120kph, maybe the AAMI insurance is using this and ears are blocked to everything else that is said.

bootlegger · « **Reply #37 on:** August 22, 2016, 09:45:58 PM »

I agree they are basing their decision on what they have and dont seem to be open to listen to what has transpired.
I have spoken to their solicitor and im getting the impression everything hinges on his advice to AAMI.
My solicitor last week gave him an ultimatum to make a decision either way so court proceedings could start.
I honestly think he doesnt know what to do.
The irony of all this is initially my green slip insurer admitted liability before I went to court.
They agreed to pay the other driver $250000 for a broken ankle.
After I won I sent them the forensic report, the court transcript and a statement from me on how the police behaved.
They rang me two weeks ago and told me they have held onto the money as they now believe he is to blame.
What i still dont understand is the other drivers insurance has paid all my medical bills.
For whatever reason this has become a total train wreck. It was all supposed to be textbook for everyone.
Frame the westy hoon. Get him to plead guilty with a misleading brief and watch the houso go down just like on today tonight.
I guess they didnt realise who they were fxxking with.
I have spent seventy grand so far. I can only imagine what everyone else has spent.
Oh and if you do a deal on the steps before you go into court you dont get your costs. As was mentioned you may be abke to negotiate it but it doesnt work out that way normally.

bootlegger · « **Reply #38 on:** October 08, 2016, 11:01:53 AM »

Well AAMI finally formally denied liabilty. They claim I was speeding and driving in the dark.
Considering it was found in court that not to be the case I really cant understand their logic.
I went and saw my solicitor on Thursday.
Now we have to start all over again.
Im sueing them now.
Im pretty frustrated.

Jethro · « **Reply #39 on:** October 08, 2016, 11:04:43 AM »

Sorry to hear that buddy :( Must be very draining on you and the family !