Had a prang, need some general advice

[Fev]

Originally Posted by King Nothing

I agree with most of the posts above. He already tried to screw you over once by driving away, there is no guaruntee he won't do it again. Really you should have called the police straight away and had him done for running from an accident and drink driving. Too late for the second charge now anyway, as there is no proof.

I would go through your insurer, you pay your premiums for them to sort out these problems. If you go through his spray shop, there is no warranty on the work so if it goes bad you will be kicking yourself. The kid needs to learn a lesson, too many people try to avoid blame and responsibility (I'm only 23 myself!). He should consider himself lucky he is avoiding a drink driving charge, if it were me he wouldn't have been so lucky.

I'll tell you a quick story. My Dad used to have an 85 landcrusier which he parked on the street. One night a couple of kids threw a brick through the window. My brother ran out and confronted them, they went to the same school (not friends though). We called the police and started to file a report. Eventually we got hold of the parents, one was reasonable and apologetic, the other was a cow. They agreed to get the kids around to clean the glass up and pay for a replacement window if we dropped the charges (I warned against this). The kids offered no apology, didn't clean up properly and was short on the money ($20, but anyway. They turned up with pies and coke for themselves, wonder where the $20 went?).

A couple of months later Dad had sold that 4WD, and bought a newer one (95). One morning we came out and someone had jumped on the bonnet. Straight away we knew it was the same kids but we had no proof.

My point is, it didn't matter if they did it or not, it's that we will always wonder if it was them, and if we had of gone to the police would our new car have been damaged. Dad was kicking himself for going too easy on them.

So if he has done the wrong thing by you, don't go out of your way to help him. Follow the proper channels, cover your own backside, protect your peace of mind and don't risk putting yourself out further.

hope you took a broom handle too them..

Been there done that.
At least 20 years ago, a bloke in a yellow Volvo sedan, NSW plates, comes out of a side street (intociated by alcohol or drugs) T bones the GT (XY) says he is ****ed and if he stays I will get no insurance.
Me being about 19 says (after the advise of a big Kiwi tow truck driver) yeah man fu@k off this car is worth about 10 grand I need to claim.
And guess what the insurer said.
You guessed it, no driver details, no claim.
DEVASTATED :evil3:

Grab hold of the bastard/beach and hold he/she until the coppers arrive and let them deal with it!

out of curiosity, why wouldnt they let you claim? a few weeks ago my car was sideswiped out on the street while i was in bed asleep but i went through the process and made a claim sucessfully - still to pay the excess but its all fine.


To the OP - Hope this all works out for you, so close to christmas it could ruin the season for you so i hope none of this happens and the guy honors his word

[alecrain]

Yep, I'm just another person that thinks, you shouldn't have let him go.
Incident on the roundabout is not very serious, but doing a runner and being intoxicated is serious- potential criminal charges.
The good thing is nobody is hurt and just hope he'll do his best to satisfy your claims.

KEEP POSTING THE OUTCOMES, Hannem!

[MAD]

Originally Posted by Rodp

Quite frankly, no.

Security guards have to follow everyone that leaves a pub to make sure they don't get into a car? What if they parked that car a couple of blocks away? What if it's closing time and 200 people leave simultaneously?

Apart from it being impossible to police for security, how could it possibly be their responsibility when any numbnuts can jump in a car 5 minutes after leaving the pub well out of the vision of the pub and cause mayhem on the road?

If they plan on driving they should plan their (non)drinking. It's the sole responsibility of the person with the glass in their hand and their car keys in their pocket - no-one else.

I knew that wasnt the best example when I posted it. I dont expect the bouncers to watch everybody, but if it was as obvious as him getting into his car in front of them, then I'd hope they would be stopped.

[MAD]

Originally Posted by Craiginmackay

You didn't answer my last question. What does blaming his employer for an accident that this young man had on his way home actually achieve?

I would expect it to make the boss think twice about letting one of his workers get into a car while clearly under the influence.

Originally Posted by Craiginmackay

Mate I am quite aware of the point you are making. I just don't agree that when someone does an irresponsible thing and an incident occurs, others should be dragged down with that person. How is dragging everyone into the poo teaching this young man a lesson on being responsible for his actions.

I understand what your saying, that in his eyes other people are getting in trouble (as well as him) so it's not all his fault. But I think it should also be encouraged in society to discourage any sort of behaviour that may end in tragedy.

Originally Posted by Craiginmackay

Wouldn't you rather live in a society where you were free to use you own judgement and common sense to do what you like but had to face the consequences of your mistakes, rather than wrapping yourself and others up in cotton wool because you were scared to live?

I do live in this type of society. I take responsibility for my actions and suffer the consequences of any actions I make. But I would prefer that my life wasnt cut short by someone else's bad decisions.



I think we can agree to disagree now and let this thread get back on track about the OP getting his car repaired and the little moron getting reamed for it.

[Rodp]

Originally Posted by MAD

I knew that wasnt the best example when I posted it. I dont expect the bouncers to watch everybody, but if it was as obvious as him getting into his car in front of them, then I'd hope they would be stopped.

...again, it's not their responsibility. What are they meant to do if the patron refuses their request to not drive? How would they have known how many drinks they consumed? The most I would expect would be a question as to whether they believe they're legally able or safe to drive and offer to call a cab - that's it.

A patron gets into a car infront of a bouncer and causes an accident, another walks 2 blocks, gets into a car and causes an accident. He's partly responsible for one but not the other? How do you determine his responsibility? What if the bouncer's attention span was directed elsewhere when the patron got into their car infront of the pub?

[Rob]

Douse in metho/citronella, and burn him to a crisp.

Justice?


not a serious post, I take no responsibility for your resulting hissy-fit

[RG]

Originally Posted by Rodp

...again, it's not their responsibility. What are they meant to do if the patron refuses their request to not drive? How would they have known how many drinks they consumed? The most I would expect would be a question as to whether they believe they're legally able or safe to drive and offer to call a cab - that's it.

A patron gets into a car infront of a bouncer and causes an accident, another walks 2 blocks, gets into a car and causes an accident. He's partly responsible for one but not the other? How do you determine his responsibility? What if the bouncer's attention span was directed elsewhere when the patron got into their car infront of the pub?

Duty of care ends outside the direct vicinity of the premises at which you are working at. Duty of care does not include stopping a patron that may/may not be under the influence as without a breathalyser there is no definitive way of knowing whether said patron is over the legal limit. The most that can be done is a call to the Police stating the car make, model, colour, rego and a description of the driver.

[boo81]

Originally Posted by fiery

I think I am more unimpressed with the fact that you 'chased' this guy then abused him with your 4 year old watching.

I understand not wanting this person to get away with wrecking your car but have you not heard of getting the number plate? Or as you say, there were witnesses, surely someone there would have gotten it.
But as it stands now, there might be a report about both you and the other driver taking off like tools.

+1

But I wouldn't let him get away with it, because no doubt it will come back to bite you. He needs to be accountable for his actions - we all do, really.

Good luck in getting it sorted.

[MAD]

Originally Posted by Rodp

...again, it's not their responsibility. What are they meant to do if the patron refuses their request to not drive? How would they have known how many drinks they consumed? The most I would expect would be a question as to whether they believe they're legally able or safe to drive and offer to call a cab - that's it.

A patron gets into a car infront of a bouncer and causes an accident, another walks 2 blocks, gets into a car and causes an accident. He's partly responsible for one but not the other? How do you determine his responsibility? What if the bouncer's attention span was directed elsewhere when the patron got into their car infront of the pub?

I know its not their responsibility and I'm not saying it should be, but if someone had clearly had too much (in any circumstance) and was trying to get into their car, I would hope someone would at least TRY to stop them.

I wouldnt hold any body accountable if they tried, but if they saw it and turned a blind eye, I would.

[SB076]

Originally Posted by MAD

I know its not their responsibility and I'm not saying it should be, but if someone had clearly had too much (in any circumstance) and was trying to get into their car, I would hope someone would at least TRY to stop them.

I wouldnt hold any body accountable if they tried, but if they saw it and turned a blind eye, I would.

You cant stop someone, we had a girl here at work that was drugged up and she was sent home from work, she was going to drive, but was told no you cant drive - anyway we contacted the police and they said she cant be stopped from driving, once she is on the public road then the police can pull her over but technically no one can stop her from entering her car and driving off. Thankully some of the people her talked some sense into her and drove her and her car home.

Edit: Anyway back on topic - as others have said I would report it, if he does a runner or something at least you are in the clear. Keep in mind with accidents insurers usually blame both parties (to a degree) unless you run straight up the back of a car (I think thats the only time you cope 100% of the blame) Good luck getting it sorted.

[King Nothing]

When I did my RSA (responsible service of alcohol), we were told that the doorman/bouncer is not able to stop anybody. They should, however, make them aware of alternative transport i.e. call a cab for them. If something like that went to court, the doorman will have covered his own backside by showing that he offered them a cab. If he didn't, there is a possibility that he could get into trouble. Duty of care extends about that far.

[WILDB]

Its a pity you didnt report this moron to the Police as soon as he told you he had been drinking. Anyway, I would be contacting your insurance company straight away otherwise I suspect this guy will try to screw you over.

One of my friends had his ute parked at TAFE and some idiot decided to clutch start their car as the battery was flat - however they did it in reverse and lost control and slammed into the side of the ute - they were all apologetic and said they would pay for it rather than going through the insurance company (using all of the excuses under the sun). They didn't answer phone calls after this and my mate still has a damaged ute because he says he cant afford to pay the excess.

So make sure you report it to the Police for him leaving the scene of an accident without exchanging details - however there will be nothing that can be done about the drinking after the fact because he won't be over the limit anymore. Then contact your insurance company as soon as possible.

[Pinch]

Problems that others cause for themselves are not your problem. Tell them to tell their story walking. They bring trouble to themselves, that's their problem. Shoddy repairs to your car aren't even worth thinking about. Warranty? And that's if they even bother returning calls etc.

I sympathise with the driving off though, I got hit on a roundabout once, didn't chase, and the plate ended up being stolen. In many cases these hero's will just get home and report the car stolen anyway. Not sure what the answer is though. Personally, I would not chase them. The consequences of that are often quite likely to exceed the costs of just claiming on your insurance. My wife and I have been in 3 hit and runs unfortunately. What can you do? Fortunately I have a NCB for life so at least my premiums don't keep going up. One was a pushie that ran a red though and wrecked the bonnet, front guard and drivers door, left their crumpled pushie and hobbled off (in the city).

I think in these violent days that $400 or $500 excess is probably well spent. A bit of a defeatist attitude I know, but I prefer that than being a headline.

One guy did fix my car after hitting it without going through insurance. No drinking, just a fellow commuter who bumped me. Quote to fix was $300 and he gave me a cheque within days. He wasn't trying to be a hero or anything, stopped straight away, showed me his id etc. Just a clean mistake and not worth involving insurance. Those are completely different though, and he had no qualms about reporting to cops, and I could have fallen back on insurance if all went pear shaped anyway.

Good luck getting it sorted.

[GT0132]

If it were me I would have probably taken his rego number rather than pursue chasing him especially with my kids in the car. Anyway I wouldn't trust this idiot....Report it to your insurance company and the cops. He won't get a DUI charge now anyway as it's too late to prove it.

Also why should you put up with his employer getting the business of repairing your car?..He could be a shonk..Better for you to go through the usual protocols like you would for any other insurance claim otherwise you run the risk of being burned

[XR6_190]

No I definitely would report it too the police, but then again I would have done that at the time, this late into the story and they may have a bit of trouble getting any evidence that he'd been drinking, and are more likely to give you stick over not reporting it straight away, that said, there's no way at all i'd be giving him any benefit of the doubt in this case, he deserves what he cops.

[Pinch]

Originally Posted by XR6_190

No I definitely would report it too the police, but then again I would have done that at the time, this late into the story and they may have a bit of trouble getting any evidence that he'd been drinking, and are more likely to give you stick over not reporting it straight away, that said, there's no way at all i'd be giving him any benefit of the doubt in this case, he deserves what he cops.

Yeah i got a bit off stick fro not calling the cops to the scene when my wife and I were rear ended in an accident. She was injured but I wasn't aware at the time, she was just all quiet. After we swapped details she told me her neck hurt so I took her to the hospital first up as the other car had left - busted radiator and all after I told her not to drive it. Anyway I went up to the closest cop shop 1 hour later and they gave me the drill about how they could charge me with leaving the scene, even though they agreed it was not our fault, and I wasn't aware my wife was injured.

[pauljh74]

The maximum extent of your generosity should be not telling the cops, otherwise definitely report it to the insurance company and let them deal with the other guy and you get your car fixed. Your insurance company may or may not guarantee repairs, if they do this is one reason to use the insurer.
DO NOT let the guy fix your car. If they do a bad job, you're screwed.

[Marduk]

Originally Posted by pauljh74

The maximum extent of your generosity should be not telling the cops,

It shouldn't even extend that far. What happens if this guy goes off and kills someone next time while drink driving. The OP should also then hold some responsibility to allowing such a needless death to happen. If you really wanted to help the guy you should have called the cops. Having his license revoked would be the best thing that could happen to him. I'm sure he will be really happy you were nice to him by not reporting him to the cops when he kills someone drink driving.

[Captain Falcon]

Originally Posted by Marduk

. I'm sure he will be really happy you were nice to him by not reporting him to the cops when he kills someone drink driving.

Worst of all he'll probably think he can get away with it if/when he does it again.

I wouldn't have given him the chance, there is only one way he'll learn. He's not gunna learn much from taking the easy way out.

He shouldn't have been such a coward in the first place an done a runner, better still drinking 2 longnecks before driving isn't the smartest idea either!

[seduced_xr]

we got done like this a year ago. side swiped by a bullbar on a hilux... they got their bullbar hooked in the door and both cars were stuck together, they then tried to do a runned and pulled every panel off the left side of the car and pulled off their bullabar.. they then ended up with their side fender wedged in the gt spoiler and eventually the left side of the xr6 crushed under the right side of theirs.. the woman got out continualy repeating its not my fault... so after getting details and going on our way we then tried to call them and her husband was apparently a panel beater. and he would do the repairs insurance not needed. so we contact our insurance company and pick our own repaired which weve used for 15 years.. get the car back 2 weeks later. good as new if not better. day later we get a letter from her insurance company titled in big bold letters First leter of demand. for the repairs on her vehicle. sent it to our company and never heard another thing.

people will more then happily screw u over the save even $5.

[Pinch]

Left field, and highly unlikely but technically you would be perverting the course of justice as well, or could be charged with being an accessory after the fact. There is a statutory requirement to report such events which forms part of the road rules. I have never heard of anyone getting done for this, but still something to think about.

[X000BOSS]

mate i had a customer hit my ute infront of my shop. he is a nice old bloke. came in and told me about it. it was a old hilux but very clean and straight. he told me his next door neighbour could fix it. i could have went through insurance but probably would have cost the old bloke thousands. instead his neighbour only charged him 400 bucks for a lot of bog and a crappy paint repair. it was only the work ute so i wasnt too concerned. my point is if you care about the quality of work thats going to be done on the car, make sure you put it through insurance. wont cost you a cent anyway.

[LTDHO]

Firstly as you are in Melbourne, it's now to late and pointless to involve the police.

Go through Your insurance and let them recover from him. Leave you out of risk of being ripped off. You will get your car repaired with a warrenty.

The fact that he was drunk, undertook you and left the scene are now irrelevant.

[[Tonko]]

Hmm, and what if he does it again (drink driving) and hits a kid or something? I have NO sympathy for drink drivers at all.

[ltd_on20s]

working for an insurance company i see this stuff all the time- A**holes like this person dont think until its too late

definatley let the cops know. be it now/two days after whenever but let them know.

go thru ur own insurance. you pay money to use it

your insurance will give u gauruntees on the workmanship

even if he gives u false details provided you have a rego number the insurance compnay will folow it up until all avenues are exhausted. they dont want to keep your excess if its not neccessary. they will get police reports/ rego searches thru the rta etc

who cares what happens to him, maybe if he had stopped at the sence you could have shown him a little bit of compassion but running away tells me if he could have gotten away he would have and screwed you.

[DoreSlamR]

Curious that the OP hasn't come back to reply yet...