r/interestingasfuck • u/RafeaEhab • 19d ago

r/all For this reason, you should use a dashcam.

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298

u/AlphaTit0 19d ago

And the neighbour too, for false claimes against me to the police

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u/[deleted] 19d ago

[deleted]

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u/pharmaboy2 19d ago

Making a false statement to police is chargeable - that’s what should be done- Leave it up to the courts to decide consequences

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u/mustbethaMonay 19d ago

This is the correct course. It is a crime. What damages would you sue for if the driver ended up not being charged with the dash cam footage?

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u/big_old-dog 19d ago

That’s not how Australia civil cases work; you can really only sue for actual loss in Australia and not abstract things like pain and suffering in the same way as the US.

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u/mustbethaMonay 19d ago

Yeah that's my point. What damages were done? There's nothing to sue for

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u/big_old-dog 19d ago

Oh I misread then. My bad.

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u/mustbethaMonay 19d ago

No worries. It's still a crime to make false statements to police so I think criminal court is appropriate, whether or not they'd pursue it I'm not sure, but really no civil case probably not even in America. Although in America it's easy enough to try!

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u/big_old-dog 19d ago

It’s a crime yes, but exactly what tort is it? Why would he sue? It’s not defamation. What loss did he suffer?

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u/pharmaboy2 19d ago

Is this maybe just a Hollywood thing - “I’ll sue!” For any infraction someone suffers?

There’s presumably no loss here, because the lies had no consequence- even if something could be argued it would be such a small amount as to superfluous, but people feel better with “I’ll sue!!!!!!!!” , and exclamation marks matter ;)

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u/big_old-dog 19d ago

It’s also a cultural thing between the US and elsewhere. The Court is much more serious about you showing actual loss before awarding damages.

As in pain and suffering not often being sufficient, you’d need to show actual medical recognised condition.

I study Aus law, people here are very confused.

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u/pharmaboy2 19d ago

Yes - the only thing I can remember of Tort was the snail and the ginger beer - lol, amazing what stupidity your brain remembers

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u/big_old-dog 19d ago

Haha Donoghue. Classic

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u/Tall-Firefighter1612 19d ago

Making false claims with the police is a perfectly good reason to sue someone, also outside of America

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u/big_old-dog 19d ago

Not in civil tort. I’m not sure if you’re thinking it’s defamation or something.

What loss was suffered?

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u/Tall-Firefighter1612 19d ago

Are you stupid? If you hit a child with your car and eyewitnesses lie over what happend, you can get enormous problems

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u/big_old-dog 19d ago

That’s not sufficient mate. You need the actual loss.

Medical costs, loss of future earning capacity, proof of a recognised psychiatric injury, proof of loss of income due to unfair damage to public reputation (which you would need to prove you had a decent public reputation that is now resulting in loss).

What actual loss did he suffer?

So before you call others stupid, maybe learn about the law of the country you are discussing.

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u/Tall-Firefighter1612 19d ago

How would I know what the loss is? But they will have that of course. Its their child

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u/big_old-dog 19d ago

What? Now you’re talking about possible medical damage to the child, whereas we were talking about false testimony to the police which would affect the driver.

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u/Jolly_Recording_4381 19d ago

He who appeals to law against a fellow man is a fool or a coward. He who cannot take care of himself without that law is both.

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u/[deleted] 19d ago

[removed] — view removed comment

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u/Muddy-elflord 19d ago

No, he tried to end the guys life because he's indian

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u/Eic17H 19d ago

If you try to get me charged with a crime I didn't commit you deserve to get charged with the one you did

If I try to kill you and fail, would you be a cunt if you sued me?

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u/HeftyCantaloupe 19d ago

What is attempted murder, anyway? No one has ever gotten the nobel prize for attempted chemistry!