Tags:
Did anyone ever send you a letter of demand until now?
Legal advice is a good idea. They provide it free within the small claims division of courts - at least they used to.
It's not necessarily illegal for you to be on the road, so you shouldn't be too worried from that point of view. Certain roads, yes (roundabouts, not sure) but not all. Read through the legal issues thread.
You wont have to take it to court. If they really think they have a strong case (which i doubt they will), they will take you to court. But you cant really initiate legal proceedings unless you are claiming damages.
If I were you, I would argue that the car failed to give way to you and hence they have no reason to be claiming damages. Recoveries corp is just a mercantile agent that is used when the insurance company cant be bothered pursuing you themselves.
If you tell them there is a dispute in liability, they will likely send the file back to GIO.
Your home and contents will most likely cover this. If you have home and contents insurance, give them a call and see if you are covered. if you are, explain the situation and advise that you do not wish to accept liability and have them argue the case for you.
Ok so I emailed em
"- Hide quoted text -
Hi,
With regard to the claim against me by GIO.
I have not received any notices on this matter since winter last year, excepting the latest notice dated the 3rd march.
I had changed address and was only recently called and informed of the situation, at which time I gave my new address.
I was in the process of disputing the claim, prior to moving and simply assumed the claim had been dropped when I was not contacted.
I still fully intend to dispute the claim, in court if need be. I strongly dispute liability for the incident.
Please advise me how to proceed!"
And received this reply
"Thanks for your email.
I will send out a version and diagram for you to complete.
Please complete and return this at your earliest convenience.
I will block all letters in the meantime.
Once I review your version of events, I will advise you accordingly.
Thanks!"
Should I give them a truthful version and diagram (which could shut them up ).
If I ignore them does that mean they have to take me to court to get the money?
Id like that. But Id prefer they just pissed off and stopped hassling me.
Thanks for your advice James.
And no, I dont have home and contents. Im only 23.
If you were coming from the cars right on the roundabout and were in the roudabout when the collision occurred as you have described, you may as well give them a truthful diagram (if it were to go to court you would need to provide your version anyway)
Just stand your ground but be friendly to whoever you deal with (so it doesn't turn into their own little vendetta). If they still try and say you are at fault, argue that the same would have happened no matter what vehicle you were in/on so the fact that you were on a skateboard is irrelevant.
If i were you, I would write the V&D without as much mention of the skateboard anyway, So just say for example
'I was travelling south on xxx rd and was proceeding through the roundabout when (insert rego here) entered the roundabout from my left and collided with me. The point of impact on (insert rego) was his front bumper. This shows that not only did I have right of way at the roundabout, but that I had entered the roundabout before him.
I really hope the skater wins this time! :-)
Good luck J-mo
Long time no speak!! I thought this was dead and buried but it seems insurance companies have the memory tha elephants do,and I just got a letter from another debt collection agency so I think I am gonna have to pay the $1399.80 they have demanded. I would kind of like to wait til they take me to court but I am worried they will turn up on my doorstep one day and take my only decent possession (car) or demand payment when I may have less money than I do in my current job. So I kind of just want the bastards off my back.
So guys, if a car hits you, regardless of whos at fault, run away, skate away or at the very least give them fake name and address. Better yet, insure yourself, but lets face it, many skaters arent gonna do that. And if they know who you are you have to pay for everything even stupid panels that did not get dented, probably just got a scratch the last time the bastard parked too close to a hedge. Trust me, the list of parts they replaced was a total joke. This makes me angry and it makes me not want to skate. End of rant. Take care on the tar guys and thanks for all your advice.
if this goes to court it's a civil suit. The debt collectors aren't going to touch your stuff until it's been to court and the decision against you is upheld (if the court says you were liable). As annoying as these letters and stuff are, just ignore them and they will go away because the claim is bogus
Its not in the hands of the insurance company, its up to the 2nd debt collection agency. The temptation to cave in is high when there is 6 months between demand letters... I dont like checking the mailbox anymore..
Maybe i should put the cash aside and try to refrain from spending it until (if) i get a court summons??
Such a pain in the arse!!!
On a happier note, look at this neat little guy, not fast, doesnt send you flying into vehicles, but lots of fun.
© 2025 Created by Bugs.
Powered by