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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22962
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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In Nov 2014 my sons car was rear ended by a vehicle and

Customer Question

Good morning
In Nov 2014 my sons car was rear ended by a vehicle and written off
He only had 3rd party insurance so could not claim on his insurance. The other vehicle was a work vehicle driven by the employee of a building company. The driver and the building company owner have both admitted liability. We have been having communication with the building company owner for a year now with promises to pay. This week we took the relevant forms to court to register for a small claim ($2,200) disputes tribunal but were told that as both men had admitted liability it was not a dispute and we could not claim. What can we do now as this man has been giving us the run around and we have really tried to resolve the matter. My son is on a minimum wage and has two small children and we feel that this man has the ability to pay. I I don't know why he is reluctant to claim on his insurance. Would appreciate some help please as we no don't know where to go from here.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

This is a situation where you have a number of options. The first would be to go back to the disputes Tribunal and say you want a hearing on this, because even though the people have said they do not dispute liability, the fact that they have not made any payments shows that they rarely in fact dispute that they have to pay this. If the tribunal staff then refused to take the claim, I note you have said that this is a building company. Because they say they do not dispute the claim you would be entitled to send a statutory demand for payment. If they do not make a payment on the statutory demand, you are entitled to have their company liquidated. That would be a very serious move. So they are fairly likely to pay on the statutory demand. Unfortunately you might need to get your local community Law Centre to help you draw up a statutory demand to give to the company. The final option would be to file a claim in the District Court, which is a little technical but can be done, and if they don’t defend this, you can get judgment by default. You can claim against both the driver and the company.