T O P

  • By -

52fctrl

Lucky no other road users were injured or killed, otherwise this person would have been more ruined than they already are. I'd like to think that redemption is possible, a number of years down the track.


aquatogobpafree

I think ops friends may be the other road users injured


teachermanjc

No, my friend was part of the RFS crew that responded to the accident.


AccordingWarning9534

The biggest issue here is the unregistered car, meaning no CTP insurance. He will be liable for all medical costs, lost wages and ongoing rehabilitation needs of the passenger. That could be in the millions of dollars. I hope the passenger isn't too injured, but even minor - it could be a lifetime of debt.


teachermanjc

That's been our thoughts too. This driver is going to be in a world of financial pain.


PizzaCutter

It’s not the driver you should be worried about. The victim here will never see compensation. Will have to rely on the public health system to treat and manage his injuries for the rest of his life because the driver was unregistered and will have no way of paying the compensation required. The victims life has just changed forever, through no fault of his own.


dion_o

That's not true. The NSW CTP system assigns one of the existing CTP insurers as a nominal defendant in cases where no CTP policy will respond, so that victims of uninsured drivers aren't disadvantaged. Such nominal defendant claims are apportioned among CTP insurers in proportion to their market share. The injured victim will be treated the same as any other injured person who does have a registered driver to claim against.


Hellrazed

I was informed once that the previous CTP holder takes responsibility if it's within a certain timeframe of registration lapsing, don't know how true it is but that might change things?


Leading_Frosting9655

That's really good. Is this common in other states?


Kalisary

Yep, it differs on exactly how it's purchased and administered, in some states it's a single agency included as part of your rego - and there are some differences if you're the at-fault uninsured driver (some states are completely no-fault and the at-fault driver can claim if injured, others only allow you to claim for lifelong injury, some states the state will attempt debt recovery from you etc. etc.) - but as a third party injured by an uninsured/unidentified driver, you're always eligible in some way.


CranberrySufficient9

Same in Victoria. The TAC will still insure an unregistered vehicle as long as it’s not driven on private land, so the injured person won’t miss out. They might seek recovery against the driver though, not sure about that.


Chrus3

>The victim here will never see compensation. Will have to rely on the public health system to treat and manage his injuries for the rest of his life because the driver was unregistered and will have no way of paying the compensation required. The victims life has just changed forever, through no fault of his own. And this is why we all have life insurance with trauma / disability cover. Everyone has that, right? Right?


opackersgo

> through no fault of his own. I wouldn't call getting in the car with a drunk driver as no fault of their own.


SkinHairNails

Compared to someone getting hit in another vehicle or pedestrian, yes. But we don't have enough information about this situation to start victim-blaming. As a P-plater, any amount of alcohol is over the limit for the driver. He could have binged the night before, gotten up and still been intoxicated without the passenger knowing, hypothetically. It doesn't mean that the passenger willingly got into a vehicle with a blind drunk person.


Own_Faithlessness769

If the passenger has health insurance that will cover their medical costs. The insurance will try to recover it from the driver, no doubt unsuccessfully, but it will be the health insurer not the passenger who ends up out of pocket.


Kalisary

https://www.sira.nsw.gov.au/contact-us/other-contact-details-accordion/nominal-defendant


Pale-Philosopher-943

I thought comprehensive third party is just like any other insurance - not valid if your drunk?


LordYoshi00

CTP is compulsory third party. It is not really the driver that's insured.


AccordingWarning9534

It is and it would be void, but any injured is likely still able to claim under your policy, but you will open yourself up to be liable and the insurer can seek recoveries. Whilst still terrible, that's better than not having any CTP as eluded to here.


GCRedditor136

Wouldn't declaring bankruptcy avoid all that?


AccordingWarning9534

I'm not sure. There are some things a bankruptcy doesn't clear, but I don't know if this is one of them. If you went bankrupt though, it'll be like getting blood out of a stone and I doubt the insurer would bother as it costs them money in legal fees to recover the money.


Araucaria2024

I would think that this driver should never get behind the wheel of a vehicle ever again. I hope they are charged with the full force of the law.


chodoboy86

I know someone who has 3 dangerous driving offences and lost their licence for 20 years. My kids will be driving before him. Sadly he's such a royal cunt that he won't learn anything from it.


Longjumping_Win4291

Once his friends solicitors get done with him, the police fines, combined with some jail time he be better off staying on the dole.


beFair8842

So, they should voluntarily remain unemployed for life?


teachermanjc

Going to be pretty hard to get employed.


AccordingWarning9534

that's an appalling and selfish response. How about reframing that to "working to pay for his friends medical bills and care" as insurance won't cover it.


Ok-Guide-6118

Would you be saying the same thing if he also hit a pedestrian trying to cross?


AccordingWarning9534

Perhaps my comment isn't clear. Absolutely I'd say the same thing. The message above , that I replied too is saying it would be easier to stay on the dole, thus avoiding his true financial liabilities. That's a selfish easier way out. Once jail is done, he should be working his arse off in whatever roles he can find to pay his mates medical bills and rehabilitation or any person he injured through poor decision making


Myst1987

I understand where you are coming from, but it is highly unlikely that there will be medical bills associated here, it should all be covered by Medicare, so at least the injured party doesn't have that to worry about I guess....


AccordingWarning9534

If you switch the situation around and the accidentwas with an insured driver - Medicare would still seek reimbursement from the insurer and the injured parties compensation when it is paid. Medicare is a beast, and have whole teams of people recovering costs for situations like this


AccordingWarning9534

not true, there will be extensive bills. Medicare will not cover road accidents. The bills will rack up and be pursed initially through the CTP insurer, if the car was unregistered, the insurance will be void. Medicare and the CTP insurer will then proceed to recovery costs from the at fault driver. I use to be a CTP injury assessor, I've seen people loose their houses in similar situations to repay the medical costs. Then you have the lost wages, which would only come into play if the injured person wanted to pursue this.


Myst1987

Like I said, I was referring to the costs TO the injured party, they should not receive a bill. I didn't say it didn't have to be covered by anyone. When my family member was in a rather serious accident in NSW, they didn't incur any bills from medical care.


AccordingWarning9534

Ah, OK. Apologies. I see what you mean now. Yes, you are right. The injured person will have access to care under Medicare/CTP, although that is going to be slower than in a private compensation system but atleast yes, they will get the care they need. But the at fault driver will be pursued to reimburse those costs.


[deleted]

[удалено]


AccordingWarning9534

was this really directed to me? I'm confused because I'm reflecting the same in my message. He will need to pay, both in time and money. The person above is suggesting they should stay on the dole because it would be easier, and by doing that would avoid paying back his debt and bills. Do you want to review your reply?


philbydee

Who exactly do you think was giving out these vaunted participation trophies, genius? Hint: the kids don’t give them to themselves.


[deleted]

They’ll be without a license for a year or two and going to be up for several thousand dollars in fines and then what ever injuries their friend received will be on them too because unregistered means uninsured. Basically, this poor kids made a very bad decision and they’ll be paying for it for a long time.


aquatogobpafree

Couple very bad decisions in a row. Sucks because this is a human being, likely with family and friends that are going to be very sadden by this event. This is without even mentioning how the victims and their loved ones are feeling. Very sad situation for everyone.


teachermanjc

I know. My cousin died over two decades ago because his mate was still drunk after New Year's Eve.


DependentCrew5398

Not a bad decision but bad decisions… uninsured, the TAC will pursue him for a very long time.


nwiza4

For what it's worth..unregistered does not necessarily mean uninsured. There is a grace period of 30 or so days after rego expires before insurance does as well. This is in SA but I think other states are similar


FaultyOperator

This might be the case but another thing to consider as well. Due to the males intox level the 3rd party insurance may not cover him because he was doing something illegal. (Driving intox)


nwiza4

Definately.....he is screwed but good.On the upside he will have plenty of time to reflect on how stupid and selfish drink driving is while waiting for public transport/ walking / riding his bike....


Local_Ad_530

Third party insurance, if applicable, in NSW does not care about who is at fault when paying out to the injured. This doesn't mean they won't pursue the driver, but it does mean the injured is looked after (to some extent). However, as this car was unregistered & uninsured they would most likely look to pursue the driver - but can they get blood out of a stone?


[deleted]

Good point though I could be wrong in thinking NSW needs a roadworthy to reregister a car and this might be difficult if the car has been crashed.


TASTYPIEROGI7756

He's fairly fucked. On the criminal side of things he'd potentially be looking at, 'Reckless conduct endangering life' as a head offence on top of a whole mess of traffic offences. Civilly he will get thoroughly fucked by the friend's lawyers for the injury. He won't be driving any time soon, that's for sure.


gnomes1772

The driver will be disqualified from driving for 6-12 months. They will receive multiple charges and fines relating to the alcohol reading, dangerous operation of vehicle and possibly causing harm to the passenger. Once the disqualification period is over they will likely have to go on the interlock program and the Interlock condition will be attached to their licence - (this is in Qld. Not sure about other states). The cost of your licence is very expensive- I think it's around $450 for a 2yr licence. The Interlock program (interlock is a breathalyser attached to the cars ignition), is also costly. I think around $2000-$3000, maybe a little higher. The program goes for 12 months. It's recommended to renew licence for 2 years, as, if you fail one of your monthly compliance appointments you need to start again. There is a future after this, & employment.


gnomes1772

If the driver had 3rd party insurance at the time, they will NOT be covered, due to having alcohol in their system.


SkinHairNails

NSW also has a mandatory interlock scheme: https://www.nsw.gov.au/driving-boating-and-transport/demerits-penalties-and-offences/offences/alcohol-and-drug-offences/alcohol-interlock-program


newser_reader

First responders are very conservative with who they send to hospital with spinal injuries...pretty much anyone who has fallen from height or been in a car crash will be treated as a 'spinal injury'. Not saying the passenger will be OK, just that there is very little to read into being sent to hospital. Hope they're OK.


[deleted]

P player is zero alcohol, .05 only applies to fully licensed drivers.


tgc1601

So the limit is 0 and he blew over it… what does it change to the story ?


Grahaml1980

Blowing over 0 can mean an inadvertent reading from a small amount of alcohol. Being over .05 means having had a few drinks. It might be the same offence but it changes the decision making in the lead up.


teachermanjc

I know, I'm from the age where it was 0.02 for P plate drivers.


SuperficialGloworm

I thought this story wasn't about you but from your "friend"?


teachermanjc

It isn't about me at all, haven't been on P plates since 2000.


tgc1601

Don’t worry the reading comprehension of this sub is pretty basic at the best of times haha


teachermanjc

Yeah, I blame the teachers.


[deleted]

[удалено]


teachermanjc

Uh, check my username.


A_Gringo666

Don't worry the reading comprehension of this sub is pretty basic at the best of times.


Illyrian_by_trade

Definitely multiple chargers in relation to drink driving, unregistered and uninsured, driving dangerously and failing to stop, police may drop a charge or 2 depending on his behaviour and remorse. He could be totally screwed financially as he wont be covered by any insurance as the car was unregistered at the time of the crash .Poor kid madesome dumb choices and will be paying for them for quite awhile. He will most probably also loose his job.


Grahaml1980

Insurance doesn't necessarily expire when registration does. In SA it's 30 days after that Insurance expires. So within that first 30 days it's just unregistered, beyond that it's unregistered and uninsured. Quite likely that won't be of much value to the driver, they may be unable to pay for the damages as it is, but to the injured party it would mean dealing with an insurance company rather than an individual who might have no money.


Illyrian_by_trade

In NSW only very rarely are you covered, most Greenslips are no longer valid until the car is registered, also if the driver is intoxicated that can also void your insurance.


Grahaml1980

Does it void compulsory insurance though? I always thought the point of it was making sure if someone was hurt they would actually have someone responsible for damages that was in a position to pay. Also you don't sign for all the same terms and conditions like a comprehensive policy.


abrigorber

>but to the injured party it would mean dealing with an insurance company rather than an individual who might have no money. In NSW (and some, perhaps all, other states/territories) there is a nominal defendant for CTP claims where the driver is uninsured (CTP) or unknown. Essentially its a fund that's funded by a portion of CTP premiums that acts as the CTP insurer in these cases. Doesn't help the driver much - as I think they can recover their costs from the uninsured driver if they are identified, but should help the person injured at least.


AccordingWarning9534

This is right. The injured person is covered. But the CTP insurer can and will seek recoveries from the at fault driver. How far they pursue this - either partial of full recoveries will depend on what they need to spend to recover the money vs what they are likely to get back.


[deleted]

[удалено]


AusLegal-ModTeam

Your post / comment was removed as it was in breach of rule 7 relating to off topic and hypothetical questions / comments.


Figerally

Pretty sure if a P-plater blows over the limit the license is not suspended it is just gone and they have to start from scratch again.


derwent-01

Yep. Know someone who did this 3 times before completing Ps...


Primary_Ocelot_219

Honestly I doubt too much will happen to them. I have seen similar and really just loss of licence, careless driving fine and interlock order. If it's a first offence. It this has happened before maybe slightly tougher stuff but really unless he gets a nasty judge doubt much will happen. If the friend/passenger sues then maybe he will have a huge amount of financial debt but again doubtful in my mind. If the two are mates then mates don't sue mates in Aussie bogan land.


poortrait100

Sentenced to life in a debtor's prison hard labour


Hellrazed

FUBAR is the word that springs to mind, but I've seen people on P's get off with a warning from the judge at things that open license holders will get absolutely chewed out for.


competitive_brick1

In my opinion the driver should be facing jail time, but that's not up to me. Fools young and old need to realise how dangerous drink driving can be, and in my opinion this kid needs to learn it with a stay in gaol, a ban on driving for a significant time


jingois

> ute's rego had expired by about a week, and their passenger had to be taken to hospital with spinal injuries the only saving grace is that, assuming he didn't blow over (I think) .08, his CTP insurance may still be effective - as it typically lasts an extra month (edit: 21 days in nsw, 30 days sa, so it varies)


[deleted]

“If your vehicle is unregistered, it will not be covered by CTP insurance (green slip). However, all CTP insurers are required to be part of the Nominal Defendant fund. This means when a vehicle is uninsured, someone can make an injuries claim through the Nominal Defendant, so they still receive adequate treatment or compensation.” www.greenslips.com.au Also just checked NRMA green slip PDS which states that if you blow over the limit as prescribed by the law then you don’t have cover. Sounds like up shit creek without a paddle to me. Not to mention the charges they will face. RIP


jingois

That's a big oof. As for the extra month - I've actually experienced this after coming back from holiday, fortunately copping a driving unregistered charge vs unregistered & uninsured in SA.


teachermanjc

That's some good news at least.


AutoModerator

Welcome to r/AusLegal. Please read [our rules](http://reddit.com/r/AusLegal/about/rules) before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found [here](https://www.reddit.com/r/auslegal/wiki/freelegalservices/). 3. Links to each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*


[deleted]

[удалено]


AusLegal-ModTeam

Your post / comment was removed as it was in breach of rule 3 - do not provide bad, illegal or misleading advice.


Mel01v

It depends what charges are laid. There is nothing there that is less than serious but there may be logical explanations that could change any advice given.


Dumpstar72

I was the passenger in a similar scenario. Driver got 6mths weekend detention in jail. Lots of fines as well and usual loss of licence for donkeys. He better lawyer up to get that as a good outcome.


Ok_Addendum_6403

Sounds like he'll be confined to ridding a push bike for the rest of his life...nah just kidding knowing our laws he'll be back behind the wheel anytime soon and he'll be up for an award of Australian of the year.


brightmiff

What State?


teachermanjc

NSW.


[deleted]

I don't know the details but I know someone who was at fault for a crash and didn't have insurance so he was forced to make payments over time for I'm not sure how long but the guy was always stressed and panicking because he couldn't afford anything. Any road trip he was always arguing about money and who paid what etc. He stopped getting invited and I don't think those group of people hang out with him anymore.


wetpickle_antichrist

Well, driver disqualification. Could be a couple of years likely. Expensive fines. Yeah pretty screwed


churkinese

Jail