Car accident - no insurance

[HUNTER8]

May be worth a visit to his house. He may have no family but may share with someone.
If you do it on the "caring about him" basis and not wanting to put him through any more stress they may be able to give you details.

[ChRiDDa]

Originally Posted by xisled

Police can not give out information without permission of the other party. They may have spoken to him and got that permission.

police can exchange details with the other party, without consent, however its limited to name, carr rego and a contact telephone number - all other details must have the owners prior consent before releasing

[LTDHO]

Originally Posted by Blue Blooded

Why are they breaking the law? The infomation given can be learned from viewing his licence which you have every right to do after an accident. If the guy was injured and taken away in an ambulance why would be against the law for the cops to pass on the info?

Police still require the permission of the other party. As OP didn’t sight the licence, then they have no right to the information.

Originally Posted by ChRiDDa

it's not breaking the law - requirement of being involved in a vehicle accident, that you exchange details with the other party - failure to do so is an offence - like a dollar for everytime parties don't exchange details because they believe they are not at fault, so therefore aren't required..

It is breaking the law. Anyone who has to learn the privacy act would know this.

Originally Posted by Miss_XR6

Police legally have to give all contact details when people are involved in car accidents for insurance and CTP policy claims

Originally Posted by Miss_XR6

The police should know where the other mans car is as they would legally need to record the tow company and where it has gone to advise both parties

Wrong, as above police are not and do not disclose this information. They certainly will not disclose it for insurance purposes.

[superfly]

Originally Posted by jpd80

Mate, I feel for you so bad, I had a similar experience many years ago but in reverse,
I was hit by someone who thought they were insured but then found out the policy
had expired without renewal and because that person was unable to pay, I took
a hit on my no claim bonus but in any case I had my car repaired and back on the road.

Why did you have to take a hit on your no claim bonus? Wouldn't your insurance company just keep chasing the other people for the money?

Originally Posted by GasOLane

CTP (Green Slip) covers people not cars. Some cover the driver, some don'tThe CTP with the rego is called Compulsory Third Party. The Insurance Co one you buy is Compulsory Third Party Property

Almost right. The third party you buy from an insurance company isn't compulsory and may be called Third Pary Insurance, Third Party Property Damage Insurance, Third Party Car Insurance etc.

My gripe is that they both contain the word Third Party. I understand why that is (as in both cases it covers a third party) but it still confuses the masses.

[Miss_XR6]

Originally Posted by LTDHO

Police still require the permission of the other party. As OP didn’t sight the licence, then they have no right to the information.

It is breaking the law. Anyone who has to learn the privacy act would know this.

Wrong, as above police are not and do not disclose this information. They certainly will not disclose it for insurance purposes.

Police in NSW have the laws to give name, DOB, car rego, contact number and car insurance details if they got that as well if in car accident and either party is taken to hospital
This is not a breach of privacy laws if you want to argue this send me a PM and I can tell you more as I have a family full of cops

[Miss_XR6]

[QUOTE=Miss_XR6]Police in NSW have the laws to give name, DOB, car rego, contact number and car insurance details if they got that as well if in car accident and either party is taken to hospital
This is not a breach of privacy laws if you want to argue this send me a PM and I can tell you more as I have a family full of cops and a good friend who is in the AFP who can agree to this

[ChRiDDa]

Originally Posted by Miss_XR6

Police in NSW have the laws to give name, DOB, car rego, contact number and car insurance details if they got that as well if in car accident and either party is taken to hospital
This is not a breach of privacy laws if you want to argue this send me a PM and I can tell you more as I have a family full of cops

indeed, laws in vic are the same - further details can't be disclosed due to privacy, but as you said & I said before, name, contact no and car rego CAN be disclosed

[sexyxe]

Cheers for the advice.

I think I'll head into Toowoomba tomorrow afternoon and go to the police station and see if I can find out more about the members condition. I have been told he has been transfered hospitals due to his poor state. I will also ask them some of the same questions and I'll post in here what they say or don't so there isn't any confusion.

[sexyxe]

Well, for those that are/were interested on the info the police could pass on and help with.

They could give me, full name, DOB, address, car rego details. Nothing I couldn't obtain off a drivers licence anyway. They said to write a letter of demand to the other member, stating what had happened and that I want compensation for the accident - which at this time is pointless as he is in a bad state in hospital. They can't provide any help with how to chase up insurance or what his details were, which I expected anyway. Nor could they provide me with his NOK details.

In regards to his health, they couldn't tell me much, as they themselves don't get told much from the hospital.

[Jastel]

I gather the accident was in Toowoomba so you are under Qld law.

Lodge a letter of demand with him stating what you want and giving him a date to contact you or pay, sound sympathetic to his being in hospital etc and maybe give him a month to pay or get an insurance contact number/person and claim number to you.

If after that date and no joy go to the courthouse and lodge a small claim, this will work up to claims of $7500 and the cost will be around $100 max for filing and paperwork fees. No lawyers are needed. If the figure is over this amount cost will be more as it goes into the main court.

You will both then be called to mediation, which is normally a waste of another month but it is official to attend, then if no joy it will go the magistrate court where the magistrate will make an order which is binding. Still no lawyers needed, the judge will ask you/him questions if needed. If your case is as watertight as you say it will take 5 minutes.

If the old guy is insured all he needs to do is give you the insurance claim number and he is is out of it, due to his condition you may have to wait a while in this case but he wont want to be sued by you if he is insured so there is no benefit to him to stall you once he has recovered.

If he is not insured you may well get a SPERS order against him (they can take his pay, order payments, even take his assets in theory) but if he is broke...well you cant get blood out of a stone and they wont imprison an old geezer over that...so you may get $5 a month or something. Sometimes it is NOT worth doing anything as well...

I have used this system many times in my QLD taxi business as people can't/won't give me an insurance number to contact. His insurance company will most likely not pay on the spot, (especially as you are not insured and will be fighting for yourself). The next step is to serve a letter of demand on the insurance company, using the name of whoever you have talked to, the process begins again, and the insurance company must fly up Mr Smith from Sydney etc to the Tooowoomba Courthouse for mediation, this is when they cave and pay up in most cases in my experience as the expense of obeying the court order exceed your claim costs.

It is a peculiar Qld system which no mexican understands until they actually look into it. All costs incurred by you can be added to the bill as well but keep your claim commonsense and dont milk the system makes you look better in mediation and with the judge.

Good Luck.

[sexyxe]

UPDATE: I lodged the letter of demand. Took a while as the other bloke was in hospital and wasn't receiving his mail. I happened to see him the first day he was back at home and he was apologetic, helpful and gave up insurance info no dramas.

Anyway, got onto RACQ (his insurer) and its been smooth sailing, very easy. Very, very easy actually. They had no hassles at all in picking my vehicle up, refunding my towing costs, all done at a panel shop which we both settled on (which Im happy with). Total damage is +$20k.

So far, so good. Just waiting on parts to arrive and she will be good as gold.

[Auslandau]

Long time to resolve! But sounds like a good outcome

[andy351]

good to see it all worked out well for you,
could have been much worse

[Riksta]

Originally Posted by Jastel

It is a peculiar Qld system which no mexican understands until they actually look into it.

I wouldn't think too many Mexicans would know anything about any systems in any state of Australia.

[aussie muscle]

i'm glad it work out fairly stress free and hope everything else works out

now, XE, did you remember to pay your premium? :P

[sexyxe]

I think I'll wait till my car is repaired and get re-insured with RACQ. They seem to be pretty good!