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i was in volved in a car accident witch was proven to be my

 
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Customer Question

i was in volved in a car accident witch was proven to be my falt i was charged with driving with undue care. with no other contact almost a year later i recieve a letter saying i owe 6500$ for damages to the other car is there any chance of me winning the case because i was not told of any quotes?

 

Optional Information:
State/Territory: queensland

Submitted: 328 days ago.
Category: Australia Law
Value: AU$49
Status: CLOSED
Expert:  Havenlawyer replied327 days and 22 hours ago.

Hello and thank you for your question.

 

The onus of proof is on the claimant in such cases, and whilst the evidence may make it clear you were the responsible driver, the claimant still needs to prove that their claim for repairs is reasonable.

 

Provided they can satisfy a court that all the repair costs they incurred related to the accident and were the costs actually incurred, then they will succeed.

 

However, until they produce invoices confirming the works, and they appear to relate to damage relevant to the accident, you should not pay their claim.

 

No doubt they are entitled to something assuming their car was damaged, so if there are issues with their invoices, either they don't have them or they appear to not entirely relate to the damage from your accident, then you should consider making a counter offer to pay a reduced amount in order to settle the dispute.

 

Any offer you put in writing should be marked "without prejudice" and should also say that the offer is made in full and final satisfaction of the dispute. That way any such offer can not be used as an admission against you, and if the offer is accepted, they should not be able to sue for any further amount once the settled amount is paid.

 

I trust the above assists your understanding.

 

If you have a follow up question, please ask and I will attempt to assist you further, otherwise please rate my answer so that I can be paid for my time and effort.

 

Please note that I am only paid out of the previously deposited funds if you score me with 3 or more smileys/stars.

 

Thank you.

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