Insurance claim problem, now getting personal

[JPFS1]

Hi All

I thought i'd let you all know about an issue i've been going through since September 04. I was involved in a minor accident (so i didn't get the police involved) on the way to work where i was travelling along Toorak Rd in the left lane, doing about 40-45 k's, the traffic in the right lane on my side of the road was congested and not moving, then a car came out infront of me from a gap in the cars in the right lane and we collided.

Now, we obviously didn't see eachother until the last minute... there was no clearway etc...

Instally, i knew that based on what i know of traffic laws, this was not my fault and i confirmed this with my Insurance on the same night.

Now the problems....

I have only 3rd party insurance...
She doesn't have insurance at all...
AAMI will not repair my car unless i got in writing from her that she wasnt insured.
Now, based on all the advise AAMI and their legal people gave advised that i do, it has taken me this long (with holidays and being too busy at work) and i still haven't sorted this out. The delays in all the processes is ridiculous.

2 Letters of demand, quotes etc...

Now my only thing left to do is go to court, for roughly $3,000 worth of damage.

I rang the son of the lady yesterday who was involved in the accident (she doesn't speak English very well and he was helping her out), to advise that my last resort to resolve this is to go to court and to please contact me to negotiate settlement outside of court. Basically giving her 1 last chance to face her responsibilities as she's liable... but no, he got all agro and started threatening me, saying he knows where i live etc (which he does)..

What grates me about this is if she was only friggen insured i wouldn't have this bloody issue. Our insurance would fight it out, but no i have a choice to let her get away with it or take it further... but is it really worth it? based on the cost involved and even if i did win, the terms in which she could pay could be something ridiculous as small monthly payments etc.

Any advise and opinions would be greatly appreciated.