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Basic legal advise needed

Basic legal advise needed

Old Jun 15th 2013, 7:07 am
  #1  
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Default Basic legal advise needed

Hi all,

I think this is a very simple question to answer, I hope so anyway.

I bumped into somebodies car with a car 2 months ago, no big deal, minor damage.

Now the car I was driving wasnt mine, I told the lady that I will pay for the car to get fixed. It took her 2 months to take it in for a quote which I now have.

She now wants me to give HER the cash and doesnt want to provide me with an invoice from the panel beater as the car hasnt been fixed yet.

Surely I have the right to receive an official invoice and surely Im not required to just hand the $$$ over to her ?

Thanks Guys - have a great weekend

Markus
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Old Jun 15th 2013, 7:50 am
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Default Re: Basic legal advise needed

As long as she gives you a receipt for the money handed over and what it was for. Cant see any problem with that. But without a receipt, no way.
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Old Jun 15th 2013, 9:07 am
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Default Re: Basic legal advise needed

No invoice, no money. Simples (as the meerkat would say) otherwise it sounds like she is trying to pocket the dosh.
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Old Jun 15th 2013, 9:57 am
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Default Re: Basic legal advise needed

You need to get proof you paid her such and such for full compensation for the car damage.
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Old Jun 16th 2013, 3:14 am
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Default Re: Basic legal advise needed

If she wants to pocket the dosh and not get her car fixed I think that is up to her. But just get a receipt for what you hand over exonerating you of any further claims.
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Old Jun 16th 2013, 7:17 am
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Default Re: Basic legal advise needed

Originally Posted by Bermudashorts View Post
If she wants to pocket the dosh and not get her car fixed I think that is up to her. But just get a receipt for what you hand over exonerating you of any further claims.
I agree. As long as you think the quote is reasonable, its up to her really what she does with the cash.

With that said, i dont think its unfair of you to ask for at least one quote to confirm the amount she is requesting is reasonable.

Either way, definitely get a receipt.
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Old Jun 16th 2013, 9:37 am
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Default Re: Basic legal advise needed

I noticed that your insurance company or motoring club, like RACV or NRMA, wasn't mentioned in your post.
Did you contact them at the time for advice? I am not sure of the ins and outs of damage while you are driving a third parties vehicle, but surely they could at least given you some advice on the procedures, and where you stand legally.

Last edited by The Bloke; Jun 16th 2013 at 9:41 am.
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Old Jun 18th 2013, 11:02 am
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Default Re: Basic legal advise needed

You need to be sure that you have in writing a signed statement that the amount you give her is in full and final settlement of the damage claimed for.

You or your solicitor can easily draw this up with the relevant details , her address , vehicle rego etc and have her sign it at the time you give her the money , I would also suggest payment by cheque rather than cash.
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Old Jun 18th 2013, 11:10 am
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Default Re: Basic legal advise needed

Originally Posted by The Bloke View Post
I noticed that your insurance company or motoring club, like RACV or NRMA, wasn't mentioned in your post.
Did you contact them at the time for advice? I am not sure of the ins and outs of damage while you are driving a third parties vehicle, but surely they could at least given you some advice on the procedures, and where you stand legally.
You do need to report it to your insurance company, even if you aren't making a claim, not doing so gives them an out to invalidate your insurance, not nice if you do need to make a claim. You should also report ALL fines, even just simple speeding, again failure to do so could make your insurance invalid.
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