Hi Naldo,
Sorry to hear about ur incident. You really should have full comp insurance for tricky situations like this; if you can't afford it, just drive a suitable car (i.e. one only worth a few $k). Please don't try and get full comp down the track and try to claim this accident at a later date - remember you have already told ur insurance company about this accident so they already know and have no doubt noted it in their system.
Also, when u spoke to the police did you say that the other drive gave you wrong details? According to Section 61 of the Road Safety Act 1986 they are required to give you their details. If they don't give correct details they have not acted in accordance with the Road Safety Act. If i'm not mistaken it the job of Police to intervene in situations where the
law is broken. But i could be naive in thinking our taxes actually go to law enforcement....
I suggest you talk to the police again if it is quite clear that the incorrect details have been given as that is illegal. I know this is not ur country but you have every right to be here and the same laws apply to everyone.
Good luck with getting it sorted. Like Jim said, i would be reluctant to purchase parts out of ur own pocket until this is resolved. Make sure you are clear to the police, and if it helps perhaps take someone with you to help explain.
Cheers,
Andrew
See below Section 61 that i am referring to:
Section 61 Duty of driver etc. of motor vehicle if accident
occurs
(1) If owing to the presence of a motor vehicle an
accident occurs whereby any person is injured or
any property (including any animal) is damaged or
destroyed, the driver of the motor vehicle—
(a) must immediately stop the motor vehicle;
and
(b) must immediately render such assistance as
he or she can; and
(c) must at the scene of the accident as soon as
possible give his or her name and address
and also the name and address of the owner
of the motor vehicle and the identifying
number of the motor vehicle—
(i) to any person who has been injured or
to the owner of any property which has
been damaged or destroyed; or
(ii) to a person representing the injured
person or the owner of the property;
and
(d) must at the scene of the accident as soon as
possible give those names and addresses to
any member of the police force who is
present; and
(e) if any person is injured and no member of
the police force is present at the scene of the
accident, must as soon as possible report in
person full particulars of the accident at the
police station that is most accessible from the
scene of the accident if that station is open
and, if it is not open, at the next most
accessible station; and
(f) if any property is damaged or destroyed and
neither the owner of the property nor any
person representing the owner nor any
member of the police force is present at the
scene of the accident, must as soon as
possible report in person full particulars of
the accident at the police station that is most
accessible from the scene of the accident if
that station is open and, if it is not open, at
the next most accessible station.
(2) If a motor vehicle which has been left standing on
a highway moves of its own accord from the
position in which it was left and is involved in an
accident whereby any person is injured or any
property (including any animal) is damaged or
destroyed, the person who left the motor vehicle
so standing must as soon as possible after
becoming aware of the accident comply as far as
the circumstances permit with the requirements of
subsection (1).
(3) If—
(a) as a result of an accident involving a motor
vehicle a person is killed or suffers serious
injury; and
(b) the driver of the motor vehicle knows or
ought reasonably to have known that the
accident had occurred and had resulted in a
person being killed or suffering serious
injury; and
(c) the driver of the motor vehicle does not
comply with the requirements of paragraph
(a) or (b) of subsection (1) in relation to the
accident—
the driver is guilty of an indictable offence and
liable to level 5 imprisonment (10 years
maximum) or a level 5 fine (1200 penalty units
maximum).
(4) If—
(a) as a result of the accident a person is killed
or suffers serious injury then a person who
contravenes paragraph (c), (d) or (e) of
subsection (1) is guilty of an offence; or
(b) as a result of the accident a person is
otherwise injured then a person who
contravenes any provision of this section is
guilty of an offence—
and liable for a first offence to a penalty of not
more than 80 penalty units or to imprisonment for
a term of not more than 8 months and for a
subsequent offence to a penalty of not more than
240 penalty units or to imprisonment for a term of
not less than 4 months and not more than 2 years.
(5) If no person is killed or suffers injury as a result of
the accident then a person who contravenes any
provision of this section is guilty of an offence
and liable for a first offence to a penalty of not
more than 5 penalty units or to imprisonment for a
term of not more than 14 days and for a
subsequent offence to a penalty of not more than
10 penalty units or to imprisonment for a term of
not less than 14 days and not more than 1 month.
(6) On conviction of a person for, or finding a person
guilty of, an offence against this section, if a
person is killed or suffers serious injury as a result
of the accident, the court must cancel all driver
licences and permits held by the convicted person
and, whether or not that person holds a driver
licence, disqualify him or her from obtaining one
for—
(a) in the case of a first offence, at least 4 years
if a conviction is recorded and at least
2 years in any other case; and
(b) in the case of a subsequent offence, at least
8 years if a conviction is recorded and at
least 4 years in any other case.
(7) If a person who is convicted or found guilty of an
offence against any provision of this section has at
any time been convicted or found guilty of an
offence against another provision of this section or
any previous enactment corresponding to any of
those provisions, the conviction for, or finding of
guilt of, the offence against that provision is to be
taken to be a conviction for, or finding of guilt of,
a subsequent offence.
(8) The specifying by subsection (3) of fault elements
for an offence against that subsection is not
intended to affect the question of whether fault
elements are required for any other offence
against this section or any other provision of this
Act.