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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22807
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My daughter had a vehicle accident a while back. I don't believe

Customer Question

My daughter had a vehicle accident a while back. I don't believe at the time of the accident the vehicle she drove into the back of had a warrant of fitness or a licence. Also did not see the driver of the other vehicles drivers licence. I requested this information at the time from the insurers and it was not forthcoming. My view is that if the vehicle was not warranted, licenced or if the driver did not have a valid divers licence the vehicle should not have been on the road. Had it not been on the road she would not have crashed into it. Also the claim being made is in the region of $3000,00. This is for a dented in boot lid on a about 1970's model mini?
Were does she stand on this. She is a uni student and has no current means of income.
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
Those issues do not affect liability for the accident, as when someone hits a vehicle from behind, they are usually at fault. The failure to have a warrant or licence, does not affect the liability. However your daughter can question the amount of the claim in the Disputes Tribunal, and if she cannot pay what is ordered by the Tribunal, she can seek an order for time payment. She certainly can contest the amount based on this being excessive for the age of the car and the tribunal can resolve this. She doesn't need a lawyer in the tribunal and you could appear with her as her advocate if needed or support person.

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