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Re: Car accident - legal implications for driver

Postby Gringo Pillo » Thu Mar 24, 2011 8:51 am

Go to France (paris) or Italy and its the same about dents and scratches. Is a part of life. Some people here feel like that and of course all owners of new cars want to keep it dent and scratch free as long as possible. When I lived in Paris you left your car in Neutral and handbrake off and other cars nudged yours when wanted space. In Germany on the other hand I saw many very small accidents and the cars were not moved until the police came to investigate. Several times the principal street in Düsseldorf was jammed full of traffic because opeople were waiting for the polizei to sort out a small scratch.

Of course I understand when you get more than a scratch and you really need to fix your car so it is safe to drive.
I also have full insurance and havent bothered to have small dents and scratches repaired.
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Re: Car accident - legal implications for driver

Postby ingrambr » Thu Mar 24, 2011 1:51 pm

I should have been a bit clearer about the damage. It was more than a scratch, gash or scrape. The whole front passenger side wing is crumpled and buckled from bumper to door. The plastic bumper has lost it's paint, but only has gashes. I can live with that, the number of gravel tracks we drive along caused it to be well and truly pretty knackered already.

So we went back to see the neighbours again who this time gave us the number of the person involved. Great! Didn't expect that. We called the person who arranged to come and visit this morning. We didn't expect that either. The neighbours also explained to us what had happened. Apparently an 18 year old without a license was driving his parents jeep and caused the accident.

The father arrived this morning in the Nissan jeep, a pretty nice vehicle with chrome finishings on it. The damage to his car was minimal, it seems that the pure contact with the wheels caused all the damage to our car, there are tiny bits of rubber ingrained into the wing, as well as some of his paintwork from his car.

Anyway, he was giving it a bit of the "I've got no money, so you'll have to demand me if you want it fixing" etc... etc... Friends inform me that the court might only make him pay 1mil for the next 10 years or whatever if he doesn't have any money - not really very helpful. Is there is nothing else we can do really? He denied his son was driving at the time though and kept saying "your word against mine" when we talked about things. It seemed like he wanted a pat on the back for coming back the next day to see us but spent most of the time saying we couldn't prove anything. We have his paint on our car - maybe that counts as proof of something? Maybe our neighbours (their friends) will back us up - unlikely? He owns a jeep which surely costs more than my car. It seems bizarre that the court can't liquidate some of his assets to put right this situation? Suggestions please? This situation makes me want to get onto my friends who do kneecapping etc...

It seems the only option that we have is to make an insurance claim. We have insurance, but with a 5UF excess/deducible, so he's going to have to fork out at least 105mil. We have a policy with devolucion where they return a percentage of what we paid in premium if we don't make a claim. The damage is in excess of 200mil from a quick estimate from the Chevrolet dealer, they are going to send me a precise quote this afternoon. The car is only 6 months old :-s
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Re: Car accident - legal implications for driver

Postby zer0nz » Thu Mar 24, 2011 2:17 pm

ingrambr wrote:I should have been a bit clearer about the damage. It was more than a scratch, gash or scrape. The whole front passenger side wing is crumpled and buckled from bumper to door. The plastic bumper has lost it's paint, but only has gashes. I can live with that, the number of gravel tracks we drive along caused it to be well and truly pretty knackered already.

So we went back to see the neighbours again who this time gave us the number of the person involved. Great! Didn't expect that. We called the person who arranged to come and visit this morning. We didn't expect that either. The neighbours also explained to us what had happened. Apparently an 18 year old without a license was driving his parents jeep and caused the accident.

The father arrived this morning in the Nissan jeep, a pretty nice vehicle with chrome finishings on it. The damage to his car was minimal, it seems that the pure contact with the wheels caused all the damage to our car, there are tiny bits of rubber ingrained into the wing, as well as some of his paintwork from his car.

Anyway, he was giving it a bit of the "I've got no money, so you'll have to demand me if you want it fixing" etc... etc... Friends inform me that the court might only make him pay 1mil for the next 10 years or whatever if he doesn't have any money - not really very helpful. Is there is nothing else we can do really? He denied his son was driving at the time though and kept saying "your word against mine" when we talked about things. It seemed like he wanted a pat on the back for coming back the next day to see us but spent most of the time saying we couldn't prove anything. We have his paint on our car - maybe that counts as proof of something? Maybe our neighbours (their friends) will back us up - unlikely? He owns a jeep which surely costs more than my car. It seems bizarre that the court can't liquidate some of his assets to put right this situation? Suggestions please? This situation makes me want to get onto my friends who do kneecapping etc...

It seems the only option that we have is to make an insurance claim. We have insurance, but with a 5UF excess/deducible, so he's going to have to fork out at least 105mil. We have a policy with devolucion where they return a percentage of what we paid in premium if we don't make a claim. The damage is in excess of 200mil from a quick estimate from the Chevrolet dealer, they are going to send me a precise quote this afternoon. The car is only 6 months old :-s


I always look at things this way to make my life easier...

Your time to sort out everything.. your sanity... etc vs the cost of the repair in total?

I would pay $100,000 to make it go away, and if the rebate on no claims is only $100,000, i would still write it off to life...

Now if i was talking millions, then maybe i would chase it!
Plan N....... Back On track
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Re: Car accident - legal implications for driver

Postby ingrambr » Thu Mar 24, 2011 2:29 pm

zer0nz wrote:I always look at things this way to make my life easier...

Your time to sort out everything.. your sanity... etc vs the cost of the repair in total?

I would pay $100,000 to make it go away, and if the rebate on no claims is only $100,000, i would still write it off to life...

Now if i was talking millions, then maybe i would chase it!

google.co.uk/
I'd rather decide my own threshold for what's worth pursuing etc...

What I'm really after with this post is what are the legal implications? I want to understand the system. I want to learn from this. What recourses are available to redress my grievances? If I can't do anything about this guy, can I just drive around in an old banger causing all types of chaos and damage and nobody can do anything to me if I don't have any money? That doesn't seem right. For example, surely there must be something I can do due to him leaving the scene? He only then turned up afterwards once his friend grassed him up to us. He then started saying we had no proof (except we have his paintwork embedded into our car). Surely leaving the scene, no matter how small the damage should be punishable? Loss of license, points? Or something? I need to know what this guy might have to loose if we pursue it further. What can we find out about a car assuming we have the license plate number? Anything? RUT of owner? The guy will only tell us his name is X and his mobile is Y. Nothing more.
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Re: Car accident - legal implications for driver

Postby zer0nz » Thu Mar 24, 2011 2:42 pm

ingrambr wrote:
zer0nz wrote:I always look at things this way to make my life easier...

Your time to sort out everything.. your sanity... etc vs the cost of the repair in total?

I would pay $100,000 to make it go away, and if the rebate on no claims is only $100,000, i would still write it off to life...

Now if i was talking millions, then maybe i would chase it!

google.co.uk/
I'd rather decide my own threshold for what's worth pursuing etc...

What I'm really after with this post is what are the legal implications? I want to understand the system. I want to learn from this. What recourses are available to redress my grievances? If I can't do anything about this guy, can I just drive around in an old banger causing all types of chaos and damage and nobody can do anything to me if I don't have any money? That doesn't seem right. For example, surely there must be something I can do due to him leaving the scene? He only then turned up afterwards once his friend grassed him up to us. He then started saying we had no proof (except we have his paintwork embedded into our car). Surely leaving the scene, no matter how small the damage should be punishable? Loss of license, points? Or something? I need to know what this guy might have to loose if we pursue it further. What can we find out about a car assuming we have the license plate number? Anything? RUT of owner? The guy will only tell us his name is X and his mobile is Y. Nothing more.

ok, point taken,

did you write his plate down? from that you can get rut, from rut you can get current address, from current address you can visit him.....

if you have his home phone number you can use it to get his address, and name, from that his rut, etc

http://www.registrocivil.cl/ start there, finish here.... (if needed) www.dicom.cl, can get everything online, ill post the reverse phone book link tonight when i find it again
Plan N....... Back On track
zer0nz
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Re: Car accident - legal implications for driver

Postby ingrambr » Thu Mar 24, 2011 2:53 pm

zer0nz wrote:ok, point taken,

did you write his plate down? from that you can get rut, from rut you can get current address, from current address you can visit him.....

if you have his home phone number you can use it to get his address, and name, from that his rut, etc

http://www.registrocivil.cl/ start there, finish here.... (if needed) http://www.dicom.cl, can get everything online, ill post the reverse phone book link tonight when i find it again


Sorry if my reply was a bit stroppy :-)

Thank you for the information. Very useful. This "detective work" will provide some excitement for an otherwise dull Thursday afternoon.
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Re: Car accident - legal implications for driver

Postby zer0nz » Thu Mar 24, 2011 2:57 pm

http://www.telexplorer.cl/sp/?zone=help#Cómo buscar basándose en un teléfono:

and the reverse phone book

we have been slowly trying to track down someone, but so far the PDI cant find him either, hense why i have all these links!
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zer0nz
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Re: Car accident - legal implications for driver

Postby ingrambr » Thu Mar 24, 2011 3:15 pm

You're feeding the inner stalker in me. This great. Suddenly all of these links are now bookmarked.

I feel like that was the best 840 pesos that I've ever spent - much more satisfying than a completo plus drink. So I've got details of the owner from Registrocivil.cl, but it turns out it's registered to the RUT (76. x. y - z) of his construction business, which has his same name prefixed by Constructora and the EIRL suffic. Is there a way I can get the RUT of the proprietor of a business given the RUT of the business? I want to see what's going on in DICOM. Can I find out about his business in DICOM too?

His business isn't well known it would seem, as a google search doesn't provide anything :-s

If the truck is in a company name, does that mean that we make the demand of the company rather than the individual? Do the courts have the ability to liquidate company assets?
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Re: Car accident - legal implications for driver

Postby zer0nz » Thu Mar 24, 2011 3:22 pm

ingrambr wrote:You're feeding the inner stalker in me. This great. Suddenly all of these links are now bookmarked.

I feel like that was the best 840 pesos that I've ever spent - much more satisfying than a completo plus drink. So I've got details of the owner from Registrocivil.cl, but it turns out it's registered to the RUT (76. x. y - z) of his construction business, which has his same name prefixed by Constructora and the EIRL suffic. Is there a way I can get the RUT of the proprietor of a business given the RUT of the business? I want to see what's going on in DICOM. Can I find out about his business in DICOM too?

His business isn't well known it would seem, as a google search doesn't provide anything :-s

If the truck is in a company name, does that mean that we make the demand of the company rather than the individual? Do the courts have the ability to liquidate company assets?


put the company rut into dicom and tick all the boxes, think it ads up to about $8000 last time i did one!
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zer0nz
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Re: Car accident - legal implications for driver

Postby Gringo Pillo » Thu Mar 24, 2011 4:10 pm

Suggest you have a good look under the plastic bumper. In most new cars the plastic bumper is not a real bumper but more like a protection. It may pop back in shape after an accident and you may think everything is fine. However the steel/plastic parts under/beneath the bumper (which is the real bumper) could be damaged and bent out of shape.
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Re: Car accident - legal implications for driver

Postby ingrambr » Thu Mar 24, 2011 4:24 pm

The chevrolet people did a check this morning and just said the panel needs either replacing or repairing. They said the steering wasn't damaged or anything like that.

Is there a difference between a EIRL and a Compania Limitada? As a result of my searches it turns out that this guy has two companies. One of each type. The Compania Limitada has debts in excess of 10milion pesos according to DICOM which have to do with non-payment of AFP, payment of loans etc... The other one is an absolutely clean company with no debts registered and credit rating of A right near the top. This is the company that the car is registered to. Can a court make a company liquidate the asset of the truck to pay for the damage?

I then wonder if I'm actually shafted - can this EIRL company just fold and then I have nothing.

I've still not managed to find his specific RUT, but I now have two addresses for him.
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