Car Crash brochure 05

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Car Crash brochure 05 Powered By Docstoc
					At court                                The magistrate may also refer a        As defendant you then have the          Enforcing the court order               For more information and help
You can represent yourself or have
a lawyer. People usually represent
                                        matter to a Community Justice
                                                                               opportunity to give evidence and
                                                                               to call any witnesses. The plaintiff
                                                                                                                       (getting the money)
                                                                                                                       The person who is owed money
                                                                                                                                                               Chamber Registrars/Local Courts
                                                                                                                                                               Contact your nearest local court (under ‘Local Courts’ in the telephone
                                                                                                                                                                                                                                                         HAVE YOU
                                                                               can then cross-examine you and
                                                                                                                       by the court order is the judgment
themselves in the Small Claims
Division. The Court does not
provide an interpreter for civil
                                        At the hearing
                                        Magistrates must act fairly and give
                                        each party a proper opportunity to
                                                                               your defence witnesses.
                                                                               When all the evidence has been
                                                                                                                       creditor. The person who owes
                                                                                                                       money is the judgment debtor.
                                                                                                                                                               directory) for free legal assistance on court procedures.
                                                                                                                                                               Community Justice Centres
                                                                                                                                                                                                                                                       CRASHED YOUR
                                                                                                                                                               Provide neutral mediators to help both parties find a solution to the
claims so you will need to make
your own arrangements.
                                        present their case. The usual way
                                        to present a case is with witnesses
                                                                               heard, each party has the
                                                                               opportunity to provide a summary
                                                                                                                       The court will only enforce an
                                                                                                                       order if requested to do so.
                                                                                                                                                               conflict. Call 9790 0656 to find out about the centre closest to you.                       CAR?
If you cannot attend court, contact     and documents. Witnesses have to       of their case and to point out any      Orders can usually only be              Community Legal Centres
the other party and, if they agree,     be at court except in the Small        weaknesses in the other party's         enforced within a 12 year period.       Provide free legal advice and information. Call 9318 2355 or
apply for an adjournment. If you        Claims Division where evidence is      case.                                                                           1300 888 529 to locate the centre closest to you.
                                                                                                                       Examination Notice
don't turn up, the Court can make       usually allowed only in document       Magistrate makes a decision             The judgment creditor can have          Credit Help Line
court orders in your absence.           form.                                  Most hearings start and finish on       the court issue an Examination          Call 1800 808 488 for information about your nearest financial counsellor
Pre-hearing                             Witnesses can only give evidence       the same day and take a few             Notice requiring the judgment           and advice on negotiating with creditors.
Claims under $10,000 are                in relation to relevant facts. Facts   hours. The magistrate will make a       debtor to go to court. At court         Insurance Ombudsman Service (IOS)
usually heard in the Small Claims       are what people directly hear or       decision and explain the reasons        the debtor must tell the creditor       Investigates complaints about insurers. If you believe an insurer is acting
Division. At a pre-trial review         see and are not mere opinions.         for the decision. This is called a      all about their income and assets.      unfairly call 1300 78 08 08.
the registrar at the Court will help    The Court will only hear opinions      judgment. In complicated cases,         A debtor who does not attend
                                        from experts.                          the magistrate may reserve their        can be brought to court by a sheriff.   LawAccess NSW
both parties identify the issues and
                                                                               decision.                                                                       Call 1300 888 529 (1300 889 529 TTY) for legal information,
explore possible settlement.                                                                                           Garnishee order                         referral or advice.
Bring along witness statements and                                             The magistrate will also make           The judgment creditor can ask the
other documents.                                                               orders for costs. Usually, the losing   Court to ‘garnishee’ the debtor's       Law Society of NSW (Community Referral Service)
                                                                               party has to pay the costs of the       wages and/or bank account.              Call 9926 0300 or 1800 422 713 for information or referral to a private
If the matter is not settled, it will
                                                                               successful party.                       This is a court order requiring an      lawyer in your area.
then be listed for a hearing.
                                                                               Appealing the decision                  employer or bank manager to give        Legal Aid NSW
Hot tip! Use the pre-trial review to                                           Reviewing the arbitrator’s decision     the debtor's money to the               Legal advice is free from all our offices. Contact your nearest Legal Aid
negotiate a settlement.                                                        If you wish to challenge an             creditor. Only a portion of wages       Office (under L to Z in the phone directory) to make an appointment or
                                                                               arbitrator’s decision, you should       can be garnisheed. Social security      call 1300 888 529.
Claims over $10,000 are heard in                                                                                       pensions cannot be garnisheed.
the General Division. The first                                                apply for a review within 28 days.                                              NSW Police Service
                                        Documents that can be used in
court date in this division is called   evidence include photographs,          Appealing the magistrate’s decision     Writ for Levy of Property               Police Assistance Line (PAL)
a callover date.                                                               If you wish to challenge a              The judgment creditor can obtain        You can report anything that is not an emergency by calling 131 444
                                        sketches, quotes, invoices and
                                                                               magistrate’s decision, you must         a writ of execution. This is a court    (24 hours, 7 days a week).
If for some reason you are not          diaries. If you wish to show any
                                                                               apply to the Supreme Court within       order that allows a sheriff into the
able to attend on that date,            documents to the Court you must
                                                                                                                       debtor's home to remove and sell        Insurance Services Unit
contact the other party. If the         first show them to the other party.    28 days.                                                                        Provides copies of the police incident report. Call 8835 8377.
                                                                                                                       items by auction in order to pay
other party agrees to postpone,         Giving evidence                        Appeals from the Small Claims           the debt.                               Motor Accidents Authority of NSW (Claims Advisory Service)
write to the registrar. If you do       As plaintiff you must prove:           Division can only succeed in very                                               Call 1300 656 919 for advice on how to make a claim for personal
not attend, an order can be made                                               limited circumstances, involving        The sheriff may not take or sell:
                                        • you own the vehicle                                                                                                  injuries compensation or to obtain the name of the other driver’s
in your absence.                                                               certain types of errors of              • bedroom and kitchen furniture
                                        • who the other party is                                                                                               Greenslip insurance company.
                                                                               law.Appeals from the General            • tools of trade to a certain value
In the General Division, suitable       • that the other party was
                                                                               Division also need to disclose an       • someone else’s goods.                 Roads and Traffic Authority (NSW)
matters (those that are not               negligent and
                                                                               error of law.                           Bankruptcy                              For information about registration and licensing of cars and insurer details
complex) can be referred to             • how much damage you
                                                                                                                       If the judgment debt is over            call 13 22 13.
arbitration. An arbitration is less       suffered.
formal than a hearing before a                                                                                         $2000 the creditor can apply to              For more information about the law, see the Legal Aid website:
                                        To do this, you need to briefly
magistrate.                                                                                                            the Federal Court to have the                     
                                        describe your claim and call any
                                                                                                                       debtor declared bankrupt. Anyone
If the matter is not referred to        witnesses. You can then ask your
arbitration, it will be listed for a
                                        witnesses any questions. This is
                                        called examination. The
                                                                                                                       who receives a Bankruptcy Notice
                                                                                                                       should seek advice from either a                          Produced by the Publications Unit, Legal Aid NSW
                                                                                                                                                                                                                                                       What to do about
                                                                                                                       financial counsellor (see back                        For more copies of this brochure call 9219 5028 or email
                                        defendant can then ask your
                                        witnesses questions. This is called
                                                                                                                       panel) or lawyer immediately.                        
                                                                                                                                                                                     Also online:                              property damage
                                                                                                                                                                                                                                        January 2006
                                                                                             After a car accident:                                                   W h a t yo u s h o u l d d o
                                                          At the scene                                            After the accident                                                      Negotiating                  Going to court                                                                       The court’s decision
                                                          • Get the other                                                                                                      iate       Try negotiating the          1. If you are the plaintiff, file a
                                                                                                                                                                                                                                                                                   At court
                                                                                     Call police                  Collect evidence.                                         got                                                                                                    Attend the court         1. You lose—the court can
                                                                                                                                                                          Ne              matter yourself or              Statement of Claim and serve
                                                              driver’s details.      For serious accidents        Get quotes.                                                             use a mediator.                                                                          hearing and argue           order you to pay
                                                          • Get details from         report to the police                                   Paying for damage                                                             it on the defendant.                    Court            your case.                  damages and legal costs.
                                                              witnessess.            immediately. For a minor                               Send a letter of demand.
                                                                                                                                                                                                                       2.   If you are the defendant,                                                       2.   You win—you pay
                                                          • Record scene and         accident call the Police                               Respond to a letter of                                                          lodge a Defence and/or a
                                                              vehicle damage.        Assistance Line within 24                                                           Court                                                                                                                                   nothing and most of your
                                                                                                                                            demand.                                                                         Notice of Cross-Claim
                                                                                     hours on 131 444.                                                                                                                                                                                                           legal costs are paid.
                                                                                                                                                                                                                            within 28 days.

How will this brochure help you?                                              You’ve had an accident                    After the accident                       Collect evidence                           Negotiating who will pay                     Going to court                                Filing claims and cross claims
This brochure will help you if are    1) Comprehensive insurance                                                                                                 If you did not get this information at                                                  If negotiations fail, your next resort        If you are the plaintiff, fill out a
                                                                              Whose fault is it?                        At the scene                                                                        If you choose not to claim on your
not:                                     covers damage to your own                                                                                               the scene of the accident, you                                                          is court action. Think carefully              Statement of Claim, setting out the
                                                                              Any driver who fails to take               • All drivers must provide their                                                   insurance or do not have insurance
 • insured for motor vehicle             car as well as damage to other                                                                                          should collect it as early as possible                                                  before taking court action. If you            details of your claim.
                                                                              reasonable care is responsible for           name, contact details, licence                                                   and you think the other driver is at
   property damage; or                   cars and property.                                                                                                      afterwards. Ask witnesses to write a                                                    lose you may have to pay the other            If you are also claiming for more
                                                                              damage caused in an accident.                and vehicle registration                                                         fault, then you can negotiate about
 • claiming on your insurance.                                                                                                                                   statement about what they saw.                                                          side’s legal costs. Even if you win,
                                      2) Third party property                 It is not always easy to decide;             numbers to the other driver.                                                     whose fault it was, how much                                                               than repairs eg. the cost of hiring a
                                                                                                                                                                 Draw a diagram of the accident.                                                         you may not be able to recover
It will assist you to sort out your      insurance usually only covers        sometimes both drivers are                   If you get the registration                                                      damage was caused and when                                                                 replacement vehicle, complete an
                                                                                                                                                                 Take photographs of the damage to                                                       any money. Also, court action                 ordinary Statement of Claim. You
claim in or out of court. However,       damage to another car or             responsible.                                 number, you can find out the                                                     payment will be made.
                                                                                                                                                                 your car. These can be useful if the                                                    takes time and can be stressful.              will need legal advice for this.
information in this brochure does        property. However, some                                                           details of the car owner through                                                 If you think the other driver was at
                                                                              Even if the police do not charge                                                   case ends up in court. See the list in
not cover everything that can            policies cover damage to your                                                     the Roads and Traffic Authority                                                  fault, write a letter of demand. Ask         An alternative to court action,               File your claim at the court. Serve it
                                                                              you with a driving offence, it does                                                previous panel for more detail.
happen after a car accident. If you      car as well, if the other driver                                                  of NSW (see back panel).                                                         the other driver to pay for the              where the claim is for $3,000 or less         on the defendant. Court fees are
need further information, seek           is at fault, and is uninsured.       not mean that you are not                 • Write down information about           Hot tip! Ask witnesses to write                                                         and the other party has property              added to the amount of the claim
                                                                                                                                                                                                            repairs to your car and any other
legal advice.
                                                                              responsible. There is a difference           the other car.                        their statements before they forget                                                     insurance, is to make a claim with            and should be returned to you if
                                      All car owners in NSW must have                                                                                                                                       losses. Attach a copy of the quote.
                                                                              between a driving offence (criminal       • Get details from any witnesses.        the details.                                                                            the Insurance Ombudsman Service               you win your claim. Your claim
This brochure is not for              compulsory third Party (CTP) or         responsibility) and responsibility for                                                                                        Ask the other driver to respond
                                                                                                                        • Take notes about the                   Get a quote (or quotes) to prove           within a specific time eg. 14 days.          (IOS) on 1300 78 08 08.                       must be served within 6 months of
personal injury claims.               ‘greenslip’ insurance. However,         damage (civil liability).                    circumstances of the accident         the amount of damage to your car.                                                       If you do start court action, you             being filed.
                                      CTP does not cover claims for                                                                                                                                         If you receive a claim or letter of
The information in this brochure                                              If you own the car but somebody              and any damage to property.           You can claim the reasonable cost                                                       will need to know the name and
                                      property damage. It only covers                                                                                                                                       demand it is usually best to respond.                                                      If you are the defendant who is
does not deal with personal injury                                            else was driving it, you can still be     • Take a photograph (eg. of              of repairs. If the cost of repairs is                                                   address of the other party or
                                      claims for personal injury.                                                                                                                                           If the other driver is insured, you may                                                    being served with a Statement of
claims. If you have been injured in                                           responsible if the driver is your            skidmarks or debris on the            more than the cost of replacing                                                         parties. This is usually the driver
an accident call the Motor            It is your choice whether you claim                                                  road) or draw a diagram of the                                                   receive a letter from their insurer. If                                                    Claim and you disagree with it, you
                                                                              agent and was at fault. (eg. a friend                                              your car, then your car will be                                                         but can also include the owner.
Accidents Authority (MAA) Claims      on your insurance policy. If you                                                     accident scene.                                                                  you believe you are not at fault, write                                                    should lodge a Defence within 28
                                                                              was driving while running an errand                                                considered a write-off. If your car
Advisory Service on 1300 656 919      make a claim, you may have to pay                                                 • Note the time of the accident,                                                    and explain. If you disagree with the        Court action for property damage              days of the date that it was served.
                                                                              for you). In this situation, the driver                                            is a write-off, get a report on the
for help in making a claim.           an excess and may lose your no-                                                      location, street lighting, traffic                                               cost of repairs you can obtain an            must usually start within six years of        If you miss the deadline, the plaintiff
                                                                              is still equally responsible.                                                      pre-accident value of the car, less
                                                         claim bonus.                                                      conditions, weather and                                                          independent quote. If you believe            the date of the accident. Drivers             can apply for default judgment. The
You should do                                                                 Calling police                                                                     any salvage value.                                                                                                                    Court may allow you to set aside
                                                                                                                           anything else you think may                                                      that you are partly at fault, offer to       under 18 must similarly claim within
                                                          You should
this as soon as                                                               You must call police if:                     have contributed to the crash.        Hot tip! Get more than one quote           pay a reasonable cost.                       six years from when they turn 18.             the default judgment if you have a
                                                          discuss the
possible as time                                                              • a person is injured                     • If police attend they will speak       on the damage to your car to assist                                                                                                   good enough reason for the delay.
                                                          accident with                                                                                                                                     Write ‘without prejudice’ on the top         Hot tip! Start your action promptly.
limits apply.                                                                 • a car needs to be towed away               to each driver and witnesses.         in negotiations.                                                                                                                      If you are served with a Statement of
For example,                                              your insurer        • a driver fails to stop or fails to                                                                                          of any letter so it cannot be used as        The Local Court is divided into
                                                          before you admit                                                 They may issue an                     You may also be entitled to                evidence in any later court case.                                                          Claim and you think that the other
the accident must usually be                                                    exchange details or                                                                                                                                                      two divisions:
                                      responsibility or enter into any                                                     infringement notice. Ask the          compensation for other expenses                                                                                                       party was at fault, you can file a cross
reported to police                                                            • a driver is believed to be under                                                                                            You can negotiate directly with
                                      negotiations. It is usually a term of                                                police for their name and             or loss such as towing fees, loss of                                                    1) Small Claims Division for                  claim. File a Notice of Cross-Claim
within 28 days. The personal injury                                             the influence of alcohol or other                                                                                           the other driver or through an
                                      your insurance not to admit any                                                      contact details. Later, if                                personal                                                               matters under $10,000                      within 28 days.
claim to the insurer must usually                                               drugs.                                                                                                                      independent mediator (see back
                                      responsibility for either the                                                        required,                                                 belongings and                                                      2) General Division for claims of
be made within 6 months.                                                                                                                                                                                    panel).                                                                                    The defendant can also add
                                      accident or the extent of the           If police do not attend you should           you can                                                   hire of a                                                              up to $60,000.
                                                                                                                                                                                                                                                                                                       another party to the proceedings
                                      damage caused.                          report the accident. Call the Police         get a                                                     replacement            If you do settle, make sure the
Hot tip! Make sure you comply                                                                                                                                                                                                                            The person who starts legal                   where the other party may also be
                                                                              Assistance Line (PAL) within 24              copy of                                                   vehicle. You           agreement is written down and
with all the time limits.             If your claim is rejected by your                                                                                                                                                                                  proceedings is called the plaintiff.          responsible (eg. employer or owner
                                                                              hours on 131 444.                            the police                                                can also claim         signed by both parties. The
                                      insurer, you can appeal that                                                                                                                                                                                       The person who is being sued is               of the car). This is also done by
If you are insured                                                                                                         report                                                    interest if the        agreement should be recorded as full
                                      decision to the Insurance                                                                                                                                                                                          called the defendant.                         filing a Notice of Cross-Claim.
If you are insured you can claim on                                                                                        (see back                                                 matter goes to         settlement of the claim, otherwise
your insurance. There are two         Ombudsman Service (IOS). You                                                         panel).                                                   court.                 the payment you make could later             Hot tip! Local Court Chamber
types of insurance for property       have 90 days to make that appeal.                                                                                                                                     be regarded as part payment only.            Registrars can assist you with
damage.                                                                                                                                                                                                                                                  drafting court documents.

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Description: Car Crash brochure 05