What pisses you off? Part II: Electric Boogaloo

[pietillidie]

^Don't run out of steam on this, David. That's exactly the game they're playing; as you say, they saw you as an easy target as you take the nice option first without bearing any teeth. I value you for that, but keep on it. One approach is to play the long game, which is to say keep hanging in there, walk through every possibility before giving up, and let the SOB know you're not letting it go. Persistence worries people just as much as rage, while I can guarantee you that you'll face this more than once in life, so practice it!

[David]

Thanks PTID.

I went to the local police station this morning and filled out a stat dec. The guy behind the counter was helpful and sympathetic, but reckons they can’t do anything unless the car hire company decides to pursue this. So that’s my next step, and if that’s unsuccessful then it looks like litigation is the only way.

[think positive]

How much was the repair bill? How much are lawyer fees?

It’s probably not worth it.

[David]

The repair + administrative bill ended up being $1166.50.

I'll be seeking legal aid if I'm eligible, but otherwise I guess I'd be seeking for the other driver to pay costs if I win. Is that realistic?

[stui magpie]

^

I'd try to take it back to the car hire insurance company, provide them the info and tell them you want a refund and they can take action against the drivers insurance company as it would seem he's made a false statement.

[think positive]

I wouldn’t have paid in the first place!

You’d want to be sure you’d win, otherwise you pay their costs

[David]

The fee was withdrawn from my account, so the only way I could have avoided paying would have been to cancel my card or keep the balance sufficiently low that the payment would bounce. (To be fair, the latter wouldn’t be that hard at the moment!)

I don’t want to be too idealistic about the truth winning out, but this is an open-and-shut case with multiple witnesses willing to go on the record and a totally implausible description of events from the other driver that is already demonstrably false on two counts. I mean, I’ve never been to court and am a natural pessimist, but is there any serious chance I’m not winning this case? (That’s a genuine question, I have no idea how any of this works.)

Stui, I sent the stat dec to the carshare company and have asked them to take it to the cops, but we’ll see whether they go down that path. When I talked to the rep on the phone today she reassured me that they’re going to get the money back, but I don’t know what on earth she’s basing that confidence on.

[stui magpie]

The principle should be that if you weren't at fault you don't pay and it's up to the insurance companies to argue with each other. Get the witnesses you have to sign statements. Don't need to be Stat Decs as long as they have their contact details on them. You could speak to them, type something up, print it and get them to sign it.

[David]

[swoop42]

Can any of these organisations help?


https://www.afca.org.au/

https://www.consumer.vic.gov.au/

https://www.vcat.vic.gov.au/

https://www.legalaid.vic.gov.au/

As a last resort perhaps you could try hitting up some media outlets if you get no satisfaction or start writing numerous complaints on the social media accounts of the businesses involved.

[David]

[swoop42]

https://cpv.vic.gov.au/about-us/feedbac ... t-handling

[David]

[think positive]

The police can’t arrest the guy for being an arsehole, as they didn’t attend either, they can’t act, it’s til he said he said, however they will fill out an accident report. I would be demanding the name ofthe insurance company the ride share has, clearly because it’s paid for they don’t care.
Did you seek legal aide?
I’d be sending the police report to all parties, but I guess lay a lawyer can get action now

[stui magpie]

$1100. It's getting close to the point where you just write this off to experience and slander Uber Carshare on social media at every opportunity.

If you can't get legal aide, legal fees will cost you more than $1100. Because you've already paid the money (albeit they took it from you), you're basically Sisyphus carrying a bag of shit up the mountain instead of a rock