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Hi,

I'd like some legal advice in regards to a recent car crash please.

We bought a car on 4.6.13 in Tauranga after our car broke down over the weekend. We were returning to Wellington (where we live) on the same day and were hit from behind by a truck driver who failed to brake in time, which caused substantial damage to our car, rendering it unsuitable for the drive home. We only had third party insurance as we had contacted our insurance company that morning. We had chosen third party as they had quoted what we thought was a very high price for full insurance, so we made the choice to shop around when we arrived back in Wellington.
The driver of the truck works for Watchorn transport Ltd and assured us he would call the company straight away to inform them of the accident. Unfortunately we did not think to call the police to the accident, however we went to the police station immediately following to report the crash. The driver admitted liability at the scene.
I called Watchorn on the same day to report the crash, however they had not heard from the driver. I was put through to their insurance broker who advised that he could not do anything until the truck driver submitted an incident report claiming liability. I asked the insurance broker what options we had in regards to getting home as we both had work the next day. I was told that I could hire a car for the trip home but that reimbursement was not guaranteed until the other driver was tracked down and his liability confirmed and that continued use of this hired vehicle to get to work and back would be unlikely to be reimbursed as they would expect us to look at public transport options.
We ended up borrowing a family members car for the trip home, which used significantly more petrol than our own would have. We have now been home for over a week, using public transport and relying on friends to get to work, do the shopping etc. This has also caused extra financial stress for us. I have been in contact with the insurance broker but he has not heard from the truck company, and does not appear to be in any hurry to resolve this issue. Our car is at a panel beaters in Tauranga waiting for an insurance claim number to progress with the repairs. Once fixed, we will also be facing another trip from Wellington to Tauranga and back. So my questions are as follows:
- Is there an expected timeframe in which the truck company/insurance company should respond and repair our car?
- Can we claim expenses from the insurance company for extra fuel for the original trip home, costs associated with public transport, wear and tear on the family members car used to return home, and the cost of returning to Tauranga to collect our vehicle when it is finally repaired?
- Is there anything else we need to do to ensure this matter is resolved as quickly as possible?

As the truck company is doing nothing about lodging an insurance claim, you have no option but to take them to the Disputes Tribunal.
Regarding all the associated costs, there is no guarantee that they will be awarded, however, claim for them all in your Statement of Claim with the tribunal but don't have the expectation that you will receive all these costs.
It's likely that the trucking company will bounce into action in filing the insurance claim once they receive notification from the Dept of Courts that you have lodged a dispute. In our experience, the Disputes Tribunal acts quite quickly.