Legal question
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Category: General Chat
Forum Name: General Chat
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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=17138
Printed Date: 04 April 2026 at 12:15am
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Topic: Legal question
Posted By: caraMel
Subject: Legal question
Date Posted: 12 May 2008 at 10:11am
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I'm asking this on behalf of a family member.
Can anyone tell me please, if you're involved in a car accident and both parties are uninsured but the police decide one party is at fault for causing the accident, is the other party legally entitled to seek reparation for the cost of repairs to their vehicle? Sorry, that sounds a bit complicated! TIA if you can understand it and tell me the answer  ------------- Mel, Mummy to E: 6, B: 4 and: 
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Replies:
Posted By: ginger
Date Posted: 12 May 2008 at 10:17am
I think it's actually bad luck for being uninsured, but that's not a legal perspective 
The other thing to consider is the potential costs of seeking reparation, the time, energy and stress that would be involved, and the fact that if that person wasn't insured in the first place the chances of getting any money out of them would be pretty slim. I'd suggest your family member got insurance because, in this instance, the insurance company would pay and go the other party and your family member wouldn't be out of pocket. It'd be the insurance company's problem. I think!! Sorry - no help at all!!  ------------- Cuinn Lachlan 23.1.09 - 22:00 Antonia Helene 4.8.11 - 09:41 |
Posted By: Mama2two
Date Posted: 12 May 2008 at 10:42am
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They are entitled to seek payment, but I would think the best bet would be through the small claims court. It might be time consuming though.
As ginger said, i would suggest your family member look into getting some insurance  Doesn't help with this situation though! ------------- http://lilypie.com"> 
http://lilypie.com"> 
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Posted By: emz
Date Posted: 12 May 2008 at 11:11am
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Yep, can seek reparation but it can take forever and they can pay it off at ridiculous amounts like $5 or $10 a week (took me 2 1/2 years to get money from someone once when they decided to take an axe to my car) and if the person is on a benefit, often the court will reduce the amount they have to pay as they see that the person can't afford it (a crock of s**t as far as I'm concerned). At this stage I would say the person should get insurance and just deal with the costs of fixing the car, but go for reparation as well.
And yep, if you have insurance and a person with no insurance hits you, the insurance company pays out and just deals with it later. Hence why everyone should have insurance (off high horse now!) |
Posted By: Rachael21
Date Posted: 12 May 2008 at 11:31am
| A few years ago Ben got his car stolen and burnt out, he didn't have insurance but the police caught the guy who did it and he actually got ordered by the court when he got sentenced to pay Ben some money. It wasn't what the car was worth but it still was better than nothing. So its worth giving it a go. |