Someone ran up the back of me whilst I was stopped at boomgates. She claimed she had a coughing fit, we swapped info and that was that, accidents happen, no biggie.
So I get a quote for my damage and call the woman and ask her if she'd like us to provide a second quote, in case I can get it slightly cheaper for her (she has no insurance) and she says yes, get another quote, so I do.
I go to her house to give her a copy of the quotes but even though there are several cars parked outside her house and windows are open, no one answers.. so I leave the quotes in an envelope on her security door and leave. Days pass and I hear nothing from her, so I text and ask if she got them, she responds "yes, will let you know what my husband says"... OK... so I wait.
Weeks pass and I try calling her numerous times, text her etc, she doesn't reply. My texts are all very nice and polite, just asking simply if she can let me know which quote she wants to go with as I need to have my car fixed ASAP (there is significant structural damage and not at all safe to put my baby in the back while it's damaged as there's very little protection in case of impact).
So my DH calls her as the car is in his name anyway. They have a chat about the car and DH is very understanding, very polite and it seems to be a normal convo, she claims she hasn't got the money and needs to save up some cash, DH says "yeah that's absolutely fine, just keep in touch with us so we know what's going on' (as I sid she has been very hard to make contact with). She even asked for a THIRD quote and even though legally we are only required to provide one single quote, we get her a third and final quote.
Anyway, half an hour later DH gets a phone call and it's this woman's husband... he doesn't even say hello or anything like that, he starts screaming at DH saying "You called my wife? You must think I'm an effing donkey, I'm not paying you a cent! All you need is a $4 can of spray paint!" and hangs up before DH gets a single word in.
So we go straight the police station to report the whole incident but they say they can't do anything as it's a civil matter.
So we contact lawyers and leave it in their hands. Fast forward a month and the lawyers are reporting that they too are having difficulty getting a reply from these people and after all of this I'm told that if they don't reply within 7 days to a final letter of demand we can start legal proceedings; but this can take up to 12 months and will cost me an arm and a leg and i the end they might offer to pay me in dribs and drabs. So I'm left feeling hugely p!ssed off ad basically tell DH there's nothing we can do. Plus I'm out pocket $100 in legal fees.
DH is fuming at this news and decides to go their house to talk to this husband face to face (not for a fight, just to find out why they refuse to pay!)
So he comes home and says "I met the husband" and basically DH had demaded to know why they think it's OK to drive up the back of somones car and refuse to pay for the damage. The man provides no answers but tries to say that I never produced my license at the scene (this is true, even though I gave her my number I didn't actually fish out my license and she didn't ask.. I had just been slammed into, was rattled and was holding a screaming DD so yeah, I forgot) but I have a valid license and it's no reason why they shouldn't pay for my car damage, it's just a p!ss poor excuse that has never been brought up in any of our previous conversations with the wife.
DH said that the husband immediately took out his mobile phone and called someone and said "you better get down here, I've got someone here" refering to DH. DH tells the guy to look at the damage on the car etc.. I guess they exchange words, but no threats were made. DH eventually left with this guy screaming after him "go get your boys and I'll bring my boys"...
An obvious moron.
Next day the lawyers call and say that they have finally made contact and these people have agreed to pay for the damage in 3 payments; it's the best offer we're going to get, so we agree.
A week later, DH gets a call from the police- the wife has requested a restraining order against DH for "harrassment"!
After explaining our side of the story the police are very understanding but we still have go to court to defend ourselves against this crazy accusation.
So, my question is... does anybody have experience with restraining orders? Based on these circumstances is this loony lady likely to win?
And can I bring our 9 month old into the court room? I have no one to leave her with.
+ Reply to Thread
Results 1 to 9 of 9
08-05-2013 12:17 #1
Anyone know much about intervention orders? Long story..
Last edited by ~Marigold~; 08-05-2013 at 12:20.
08-05-2013 12:41 #2
I have no idea tbh but you did say you guys were already in the process of legal action to recover the costs but then your DH still went over so I'm not sure it maybe deemed harrassment due to that fact alone
Best if luck though and with your DD I don't see why you wouldn't be allowed to bring her in but then again I have no real proof of that
Me (21) DH (25) DS (4) DD (2)
Sent from a magical mobile bubhub device in a galaxy far far away
The Following User Says Thank You to MonsterMoosMum For This Useful Post:
08-05-2013 12:49 #3
If an IO is granted, the conditions are likely to be not to contact her directly or indirectly and not to be within x amount of metres of her house, so if you're going through a solicitor re: the collision then its no biggie really. You can take your LO to court.
They sound like they're trying to pul a fast one to get out of paying. Do you have insurance? Might be easer just Togo through them. Its the main reason I'd always have comprehensive insurance. I think 3rd party damage cover should be mandatory.
The Following User Says Thank You to Zanzibar For This Useful Post:
08-05-2013 12:58 #4
Last edited by ~Marigold~; 08-05-2013 at 13:00.
08-05-2013 13:01 #5
But if you need the car fixed then i would claim on your own insurance for now.
I have no idea about the restraining order but the fact they are mucking you around and speaking poorly too you will reflect badly on them.
The Following User Says Thank You to LifeInShadesOfGrey For This Useful Post:
08-05-2013 13:06 #6
Do you have insurance? Because you could have just claimed it and then they recover the money themselves from the third party and refund your excess. Just a tip for if it ever happens again.
I think they are just drawing out the process and being as difficult as they can.
Sorry about the huge drama! Your poor DD being in the car too
The Following User Says Thank You to Bennos Mummy For This Useful Post:
08-05-2013 13:21 #7
They are paying us now, in 3 payments through our lawyers.
Funny that it took DH going there to get that to happen. The very next day they alled the lawyers and said they would pay. I guess they realised we weren't push overs.
08-05-2013 14:27 #8-
- Join Date
- Jan 2011
Definitely agree about third party insurance being made mandatory. Can't afford insurance, you can't afford to be on the road.
The Following User Says Thank You to wannawannabe For This Useful Post:
08-05-2013 14:38 #9
Glad to hear they are paying you. Hopefully they actually do so.
The Following User Says Thank You to LifeInShadesOfGrey For This Useful Post:
By kayem in forum Conception & Fertility General ChatReplies: 9Last Post: 30-04-2013, 20:56
By justthe3ofus in forum Birth StoriesReplies: 0Last Post: 17-10-2012, 16:20
By Purple Poppy in forum Conception & Fertility General ChatReplies: 2Last Post: 25-09-2012, 21:19
Billington StreetFor stationery as unique as you are! ♥ Handmade, custom designed stationery for all of life's celebrations WINNER ...
LATESTSurrogacy and why many parents break the lawHow to get your kids to bring home empty lunch boxesIs the secret to saving for your child’s education in your home loan?
POPULARWhen can I start giving chores to my children?New baby nursery checklist – a guide to newborn essentialsWhat to pack for labour and hospital – a checklist
FORUMS - chatting now ...
Night worker in first trimesterFirst Trimester Chat
Is a week to early for signs??Conception & Fertility General Chat
Egg Donation in Greece #5Egg Donation
What are our chances??pregnancy and babies through IVF
Egg Donation in South Africa #14Egg Donation
Local Infant Adoption in VictoriaAdoption / Surrogacy
Asking for a friend - names ending in 'ee'Choosing Baby Names
Power back pain! Help!!General Chat
Help with 7 week scan interpretationFirst Trimester Chat