Posted: Sat Oct 13, 2012 3:36 pm Post subject: Pensioners... the untouchables.. my aristo story...
Hey guys how are we... just thought i would tell people about what happened to my car just for people to be weary in the hope it doesn't happen to them.
Ok so some of you may or may not know me but i owned an Aristo, was an early one that came in i think it was 2007?
bought the car completely stock and it went on from there. spent quite a bit on it yada yada...
driving to a mates place last year on the 9th Oct, driving past parkmore shops on Kingsclere Ave about to turn on to Cheltenham road, had a guy pull out infront of me in an attempt to turn right on to Kingsclere. he looked my way but clearly didnt see me, as he looked the other way and started pulling out... i slammed on the brakes, got on the horn but a wet road didnt wipe off any speed and i hit his car in front of his front wheel.
he panic'd a bit an mashed the accelerator sending him across the other lane and up the gutter on the other side. luckily no one was there. he backed off the gutter and i turned around and told him to pull into the little loading dock bit for Kmart. i got out of my car and looked at the front of mine and it didnt look good.
walked over to his window and saw an elderly man... looked to be in poor physical condition, massive gut... probs doesn't even lift... asked him how he was, he said not good he suffers from a heart condition. asked him if he had insurance, he said no. uh oh im thinking. i myself only had 3rd party... but thought all good cos not at fault. we echanged details and i said well your car is driveable you may aswell head home and rest.
now in alot of 3rd party insurance policies, you are covered for 3-5k... Just cars who i was insured under, it was 3. better than nothing. the next week i drove my car to 2 panel shops to get assessed... both saying write off.
it was at this point i rang the old man to see how he was and give him an update... it was the thursday i rang him. he said his car must be bad because its been in the shop since the start of the week. i said well these things happen unforetunately and left it at that. i then rang my insurance company on the saturday i think it was to file the claim. gave them his details, addy and phone number and they needed for him to verify over the phone or in writting that he didnt have insurance, because of coarse if he DOES, then it doesnt go through my insurance company. so they rang... he didnt pick up..
rang again 2 days later, didnt pick up.
i then sent him the declaration in writing with a stamped addressed envelope to forward onto my insurance company after he signed it. a month went by... nothing.
so my dad went over there, (who looks nothing like me) and rang the doorbell. the old man answers, asked if he could help my dad. at this point dad advised him of who he was and reminded him of the accident and was enquiring into the current state of the declaration, to which he replies with "oh i never got it the kid across the street steals our mail". dad said "thats fine you only live a couple of streets away i'll go print off another copy" as i scanned it all into the computer to save dates. as dad was leaving he called me. asked what part of the car i hit. which i said front drivers, and he told me that his car was back in his driveway fixed.
dad returns 30 mins later rings the doorbell, and his wife answers the door, dad asks for him to which she replies "he's gone out" dad having the new declaration in his hand says i need him to sign this. she asked what it was to which she replies "but we've got insurance... we wouldn't be driving around with anything less than 3rd party."
more time passes and not getting anywhere so i get a recommendation to get my car privately assessed. which i did at a cost of $220. have my report stating 15k damage, market value of the car was put at 11k, salvage cost was $750. (one guy even offered $450 lol)
was relieved as being told that once the report was done, its in the courts wishes for me to move on, so i could get rid of the wreck. kept a few bits and peices but most of it went. having the car sitting at my parents for 4 months in the state is was, was putting stress on my whole family.
then started with the legal proceedings.
sent letter of demand, nothing.
raised court with majistrate
had him served the papers
no defense raised
got judgement in my favour
court order from the majistrate - no payment made
warrant to seize property
sheriffs fees to do a claims assessment which came back with nothing to claim.
seizing property is hard, as by law you cant impact their basic way of living. this means you cant take their bed, fridge, couch ect.a bit rough seeing he did 15k damage to me and took me off the road for 8 months.
we have recently done a title search on the property which showed he does not own his house. it is after this the lawyers inform me there is nothing i can claim against and want me to stop proceedings.
all in all, 15k damage, nearly 2k in legal costs, and a loan i took to get another car which i am now paying interest on.
total loss is around the $25,000 mark.
my dad took me to work everyday for 8 months, i live in keysy work in hallam. he works in croydon.
Joined: 22 Nov 2009 Posts: 2008 Location: BRISBANE, QLD
Posted: Sat Oct 13, 2012 4:03 pm Post subject:
I feel for you mate, having been through a similar situation myself. I did get a better result in the end and my car was not written off, but the amount of stress involved in going through it all is quite unexpected. And that was in my situation where the money involved was only a few thousand dollars let alone as you say in your situation a total cost of $25,000. _________________
Insert shopping list and random claim to Aristo fame here....
Feel for you mate that sucks big time,it's always the guy that looks after his car that gets reamed for some reason
After a while you end up not trusting many people near/with your pride and joy,also the main reason i do as much of the work i can on the car myself, as i know i care about the outcome more than they do.
Hope you have a good run of luck after that bad run of shitty luck,all the best for the future hope to see you back in a beastly Aristo again Daz _________________
Max: Two days ago, I saw a vehicle that would haul that tanker. You want to get out of here? You talk to me.
Last freaked with by Buck on Sat Oct 13, 2012 7:26 pm; freaked 1 time in total
Honestly sorry to hear mate, but this happens all the time with parties at fault never admitting or accepting responsibility for there actions
Least you've kind of moved fwd and progressed with the new demon powerhouse 2J. Look fwd to all the new figures and added build specs chief _________________
WA's Most Powerful 6spd Aristo
The Aristo Spare Parts Man
well just got a reply from the lawyers... apparently the car is not worth enough to be eligable under the Bankruptcy Act, and is his primary form of transport....
so was my aristo f**kers!! even with 350rwkw.... i had to get my dad to take me to work for 8 months... this is bullsh*t...
oh and they also enclosed their final bill for their services... they want another $1650 and have closed the matter.
i know this is too last but thats why with all my cars even though its a daily i have full comp insurance so the insurance company can do all the running around and if i get written off i get my agreed value and not some 3rd party "market value" which will be a piss poor effort for a car thats worth more _________________
"The biggest failure you can have in life is making the mistake of never trying at all."
well FINALLY some good news..... sent my insurance an email stating what has happened and the headache i've been put through for the last 12 months.
got a phone call and she went well out of her way to help.. skipping details, i have forwarded the assessors report to them, and its been signed off by their assessor, i should receive a phone call monday stating the claim is ready to be funded.
once thats funded i'll send another email to the insurance ombudsman detail the way it was handled and try and claim some of it back. apparently not once in my file was it recorded that i even rang up about a claim. dont know how that is possible as i spoke to 4 different people and even closed my policy reason being the accident.
also sold the blitz ecu that came with the new car for $800 this morning so that helps too...
i bought the new aristo for 4250 with blown head gasket so with the 3k, and the $800 from the blitz and $300 i got for the Apexi Neo it came with i've nearly covered the whole car. (apart from the $3500 legal)
the head alone owes me more than i bought the car for lol, then the new V550 on top. good news is all i need is some 2000's, pumps, lines, reg, surge and lines and i SHOULD be in the 10's....
something to look forward to after 12 months of bullsh*t..... _________________
what happened to the g4 daz .....i still got that monster reg here too _________________
a real car has 3 pedals
aristo's,rx3 fj20t,urvan z18t,v6 sigma,starion's,la lancer 2.6t aka 4u2no,gc galants
vn/lexcen turbo ,202 six 1200 ute,gh sigma turbo's
escorts,et turbo's,rx7 s3 13b jay port,ta22 celica
on sold the G4 Dave, didnt like the idea of running the same signals to 2 seperate computers... got what i paid for it and went the wolf. _________________
you could of gotta away with the link...if you went manual ..........anyhows hope you get paid out champ _________________
a real car has 3 pedals
aristo's,rx3 fj20t,urvan z18t,v6 sigma,starion's,la lancer 2.6t aka 4u2no,gc galants
vn/lexcen turbo ,202 six 1200 ute,gh sigma turbo's
escorts,et turbo's,rx7 s3 13b jay port,ta22 celica
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