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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22683
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My daughter had a car accident, a girl with no drivers

Customer Question

my daughter had a car accident, a young girl with no drivers license, the vehicle was un registered and warranted and also belonged to her uncle ran up the rear of my daughters car. My daughter was turning right with indicator and brake lights were working, i.e. had a rego and wof just not insured. I have given the other young girl plenty of oppurtunties to pay for damages but to avail. Is it worth taking her to court?
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: NZ.
JA: Has anything been filed or reported?
Customer: She rang police and i went up to police station with all the information but they were to busy to respond.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i do have photos and all information on vehicle and occupants. Just want to know if it is worth taking her to court as the quote to get fixed is $6500.
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.

This is always a difficult situation when you have an accident with someone who has no insurance. If this young girl is not working then it can be very difficult to get her to pay. Some people make an application to the Disputes Tribunal to get an order for her to pay, but enforcement of the order is not easy. The police only get involved in prosecuting for careless driving, and this does not involve any claim for the costs of repair. That comes as a separate claim which you have to bring to the tribunal. It may be worth filing a claim with the tribunal, but the most you could get would be a deduction from a social welfare benefit or from her wages. But certainly, if someone hits you from behind, she would be liable for the damage, because of the obligation to follow at a safe distance.

I am a little surprised the police did not prosecute her, because she would have committed a number of offences including driving without a license, careless driving and driving a car without a current warrant and registration. But it is possible she has been prosecuted, and the police have not communicated this to you. In any event whether she gets prosecuted or not does not affect your claim in the tribunal. I think that would be pretty straightforward, and the only issue is getting paid

Customer: replied 5 months ago.
i couldnt believe it when i took the information up to police station. They said they were too busy to chase it up but i did lodge a complaint. I said so your not interested in a young girl driving around with no lisence in a un-warranted car. If she kills someone i hope someone is going to take responsibility. Yes i am aware of they payment, she has no job but it pisses me off my daughter works on a dairy farm and works her but off, and this young girl lives off her tax money and has no respect or intensions to pay for her mistakes. She will be accountable and i dont care if it takes years.
Expert:  Chris The Lawyer replied 5 months ago.

You should be able to get an order from the Tribunal and enforce this against her, and you can attach her benefit or wages. so that will need to be your next steps.

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