How do I prove I own my car to court and insurance?
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Thread: How do I prove I own my car to court and insurance?

  1. #1
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    Default How do I prove I own my car to court and insurance?

    Today I was in court to get my car repaired after a collision. The other driver has admitted liability and today was just to get the other side to pay for the repairs as they have refused. I'm self-repping.

    The court assessor asked for proof that I owned the car. I had no idea to respond but assumed they wanted my rego papers so provided these. Registration papers in my name are not proof that I own my car!

    The court also asked for proof that I have and own aftermarket wheels on my car, as well as the towbar and roofracks. From a photo, the court accepted that the car had wheels but advised it was not proof they were after market wheels or that I owned them. They didn't accept that I had a towbar as it was not fully visible in the photo (being partially under the car of course). They also did not accept that I had roof racks as I had no photo showing roof racks on the car at the time of the collision.

    I've been sent on my way and have to pay the legal costs of the other side. A very harsh outcome.
    It seems a really silly question but how do I prove ownership of my car and assorted accessories?

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  2. #2
    1000+ Posts renault8&10's Avatar
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    Receipts.
    You bought the car presumably and were provided with a receipt - whether it was new or secondhand.
    As to the accessories, it depends on when they were put on a car, but again purchase receipts from where they were obtained or installed would be sufficient I would have thought.

    Sounds like it was deliberate to get the other guy out of paying because most people may not hang onto such documents. I keep a folder per car in the filing cabinet and save all receipts into there.
    KB


  3. #3
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    To get off first base and before any first hand evidence we had to produce documentary evidence for a simple parking offence.

    Every piece of evidence that we needed to produce had be certified such as the land area using certified maps, the vehicle by certified extract of vehicle ownership for the actual day of incident, the officers appointment using Government Gazzettes and Certified parking Station. The Evidence Act coves a lot of this and how it can be proved.

    Some courts had a common sense approach and others were sticklers for this. You needed to be prepared for the sticklers.
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    1000+ Posts Richard W's Avatar
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    The law is an ass (and i say that as a lawyer, but not the type that pulls this sort of b*llsh*t to get a low life out of paying a legitimate claim).

    If you don't keep receipts I would have thought that, in the absence of evidence from the other side to the contrary, a sworn affidavit from you setting out how and when you purchased both the car and the wheels would be prima facie evidence of your ownership of both. Receipts would obviously help.

    It really is worth having insurance if at all possible so you can make a claim and just pass this sort of rubbish to them to sort out - even where you are not at fault.
    Graelin, hypermiler and Kenfuego like this.

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    I bought the car from a family member 12 years ago so no receipt there. I have a receipt in my name for the towbar, but the court didn't accept it was the towbar on the car because it's not fully visible in the photo. I also have a receipt for the wheels but it doesn't have my name on it.

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    1000+ Posts renault8&10's Avatar
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    Can you get a receipt off the family member back dated?
    I would have thought you would still have needed a receipt to change the rego over into your name with the then RTA 12 years ago.

    If you didn’t change the ownership over, then indeed you don’t own the car.
    KB


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    1000+ Posts renault8&10's Avatar
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    Quote Originally Posted by boony View Post
    I bought the car from a family member 12 years ago so no receipt there. I have a receipt in my name for the towbar, but the court didn't accept it was the towbar on the car because it's not fully visible in the photo. I also have a receipt for the wheels but it doesn't have my name on it.
    Even if the wheel receipt says “cash sale” or whatever, it is still a receipt for their purchase.
    KB


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    Totally frustrated as I had even obtained default judgment as the other driver failed to respond. They only reacted and brought in their insurance company when they were served a writ.
    The insurance company claimed I refused to diiscuss the matter with them and got the default judgment overturned based on that untruth. They then denied liability which was changed once they saw the dashcam footage I have. They then said the repair cost is "oppressive" which is why we went to court today. I couldn't even argue that the repair costs were reasonable (have quotes) as I couldn't prove ownership of the car and accessories which was a pre-requisite.

  9. #9
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    Quote Originally Posted by renault8&10 View Post
    Can you get a receipt off the family member back dated?
    I would have thought you would still have needed a receipt to change the rego over into your name with the then RTA 12 years ago.

    If you didn’t change the ownership over, then indeed you don’t own the car.
    Back then (even as now) both the buyer and seller sign the back of the rego papers with the amount of the purchase. It is then handed over to the RMS which is what we did.

    I'm going to have to make a GIPA request to get that piece of paper.
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    1000+ Posts bluey504's Avatar
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    The Insurance company know every hoop through which you can jump, they make sure of it! Next court date you can dick them around by cancelling late, but within time.
    As the proceedings happen use the word vexious a lot, add obstructive and that a simple insurance matter 'now has Ben Hur peeling oranges' AKA my favourite "now this is bull twang".
    Have a timeline of events, copies are required and when you hand a copy to the legal vulture tell them that A You will charge them for the cost at legal rates, and B "At least you are now fully briefed." Smart @rsed I know but at least the Magistrate has a good yarn to tell the other Beaks at the Club afterwards.
    Brendan.

  11. #11
    1000+ Posts driven's Avatar
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    Registration shows who is owner simple
    https://www.vicroads.vic.gov.au/regi...sfer-a-vehicle

  12. #12
    dvr
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    A complaint and request for investigation to the NSW Insurance Ombudsman might help. Especially post Banking Commision.

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    Have a chat with the people at Right2Drive.com.au
    Insurance companies hate them because they add up all the little costs involved, add on demurrage etc. that are usually overlooked by the mug claimant.
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  14. #14
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    Quote Originally Posted by dvr View Post
    A complaint and request for investigation to the NSW Insurance Ombudsman might help. Especially post Banking Commision.
    I wish but I suspect the Ombudsman will just say they can't get involved in decisions by a court. I received a real thumping today.

  15. #15
    Now go make me a sandwich Hotrodelectric's Avatar
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    Well, it seems to me you have nothing to lose by asserting whatever rights you have. As you say, the worst they can do is tell you no.

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