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I as pedestrian was hit by a car on 25th June 2016. My head, hands and legs are hurt, not able to work for 3 weeks and still in process of recovery. The driver rang my cellphone, harassed and intimidated me a lot on 24th July afternoon in order to ask money to pay his car damage.
The police officer sent the driver a mail said it is the pedestrian's fault of the accident. However, I have not received any information of the accident from the police before the driver called me. I called the police several times to ask for the accident result, but still haven't got update.
1. Can I ask the driver wait until the police officer update me? I went to the police station on 27th July and met the officer who promised to update me the information this week.
2. What materials can I get from police to check whether the police result is fair? What should I do if the police report is unfair from my side?
Hi there,
I recommend studying the road user rules to give you more information on pedestrian and vehicle road rules, this should give you more of an understanding as to who was or wasn't following the rules.
The best thing is to wait for the Police report to satisfy yourself of who is responsible, and don't be rushed. The vehicle owner may be in a hurry to get the vehicle fixed, and should really be claiming on their insurance if they have any. http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM302188.html
Hi, Thank you so much for the reply.
1. The driver continuous text/range me even I already text him that I have NOT received any report from police about this accident. For this case, can I report to police the driver harass/intimidate me?
2. If the driver force me go to the court before I receiving the report from police. I only have to pay the car damage instead all the fees of the court even it is really my fault of the accident, right?
3. How long I can consider what should do in next step(private settling or go to dispute) after receiving the report from police (in this period, I can reject the request from the driver if the driver keeps me to pay the damage)? What should I do if the driver keeps pushes me on this period?
4. The police officer said the accident happens on the road which is flat, however the accident happens on the bottom of the downside of a long slope. Also, the police office only sent the accident result to the driver but send nothing to me. Can I deduce I was treated unfair and the police report is also unfair?
5. How the agreement can be made if I have to pay the damage. Does that means both I and the driver get some quotes of the damage, and pick one? If both I and the driver agreed how much should be paid for this damage, how to ensure it is done, and we do not bother each other because of this accident after the money is paid? Should we go to dispute if it is failed to make an agreement?
Hi there,
1, you need proof to satisfy yourself of who was at fault before handing over any money. Don't just rely on the car driver and what they are saying.
2, If you are responsible for the damage,I recommend asking for two independent quotes to repair the vehicle to give you an idea of the money required.
3, Once you have paid the money, it will be up to the vehicle owner to get it fixed or not, they should not bother you after that time.
4, The whole situation may end up in a tribunal, where you will need to provide the evidence of who is in the right/ wrong and a ruling will be made accordingly.
You may need to speak to a community lawyer or your own lawyer for more assistance, if you see no resolution soon.
Good advice Cade, I think it would be preferable that the claimant (driver) proceeds to a Tribunal hearing in this case, the defendant can then see the car drivers statement of claim and respond in writing before the tribunal hearing, I should think the driver would need to establish he had a current drivers licence & class of licence, WOF and registration at the time of the accident, googling the street would also be helpful for the defendant (pedestrian) and the road conditions at the time, interesting comment about the police report, this should be available to the defendant on written application to records (providing of course the time, date and location of the incident)