Minor car accident, taking other party to court!

[sergenz86]

Brand new Mercedes ML 500 backed into my second-hand Honda the other day. Sounds like a very classic example, that is not even worth talking about. However, dramatically enough, driver in Merc now pretends that the accident has never happened, and that he is not liable for any damages made to my car. In fact, he thinks I've had these damages before. Neither of us have insurance.

My bumper is a bif deformed and paintwork cracked at places where it was bent. However, you cannot see any damages on his merc. Since its so high of the ground, my Honda has dived under his rear bumper without even damaging it. No scratches on my bumper also mean that there is no paint left on the plastic guard underneath the other party's car.

Police refused to file any report as a) no one got injured and b) our stories were so opposite to each other. There were also no witnesses. They only suggested taking other party to court.

I will be filing my claim form at the tribunal next week. Its my very first time I face anything like that, so any help or advise will be very much appreciated! I just got so stressed and annoyed when some rich arrogant crap decides he can easily get away from anything in this world. Thanks in advance!

[sarah_louise]

What do you mean. ? "Neither of us has insurance" and the Police refused to file a report?

[sergenz86]

I live in New Zealand, and insurance is not compulsory here. My vehicle is worth a few thousand dollars whereas fully comprehensive insurance for a 21 year old student with only 2 years of driving experience behind the shoulders will easily come up to 1200-1400 dollars. It just reaches the point when its not worth getting one. Why the other party did not have an insurance on such an expensive vehicle is unknown to me. Police has confirmed that he doesnt have insurance too by the way.

To answer your second question, police said reports are fairly worthless, since both of us have opposite stories and there were no witnesses. Also, they are very reluctant to work with cases not involving any injuries.

Hope I clarified your questions.

[sarah_louise]

Sorry.
I assumed it was UK where no insurance is a hanging offence.
Although I just cant imagine a new Mercedes not being insured for all risks, vandalism, paint stripper, kicks, theft, fire, etc...in some of our Cities.

[Ethel]

I know you're right - but what happens if you kill or main someone and you have no insurance?

[sergenz86]

Ethel, you do have a point there.

Besides asking about the insurance policies, has anyone got a good piece of advice in regards to my situation?

[Pippa68]

It is hard for us to give advice as this is primarily a UK site..unless there are any other ABers who come from NZ, as we don't know about NZ law.

It is much easier to sort out in the UK as insurance is compulsory.