VIC At-Fault Party Lied About Car Accident - What to Do?

[Trudy Simpson]

I was in a car accident 2 months ago where I was hit while stationary at a red light. The at-fault party was cooperative, then 3 weeks later she lied about the car accident and fabricated a new story that I merged and cut her off which forced her to hit me!

I was outraged to hear this as I was going to the 3rd party and did not want to use my car insurance as they were very incompetent from the moment I advised them of the accident. As I did not take photos of the accident scene or collect witness statements, etc. it was my word against hers.

The injustice I felt, stress and sleep deprivation not to mention the continuous headaches after the accident was completely unnecessary. I went to the accident scene on numerous occasions to canvas and speak to businesses, and the public to seek witnesses. I put flyers all around the 1km radius of the scene.

After 2 months, I only picked up my car yesterday. It was 4 days old when the accident happened which now has diminished its value further!

I'm looking to seek losses and damages. Can anyone please recommend if I need to do this through a lawyer? If I can write a letter of demand, do I send it directly to the at-fault party or to her insurance?

I've also made a TAC claim as I suffered whiplash and concussion my passenger and I had to take the following day off and I was instructed to take another week off by me GP but could not afford to.

Am I able to seek punitive damages?

Any other help would be appreciated.

It was completely unnecessary on her part to put me through this horrendous ordeal.

 

[Victoria S]

You can only seek punitive damages (or any damages at all) if you can prove that you are right and that she is liable for the accident. Anyone who deliberately gives false evidence for a judicial proceeding is guilty of a crime called perjury.

I would start any kind of proceedings with a letter of demand. You can send it directly to her and she should pass it on to her insurer, or you can copy it to them both. If the insurance company doesn't agree to your demand, you will most likely be best of engaging a lawyer to act in your behalf or if you are insured, your insurer should provide lawyers defence costs.