Responding to a claim - Car crashes

car crash self-help guide logoIf you are personally served with a claim, read the claim carefully. Get legal advice about whether you have a defence to the claim, your chance of success at court, and what costs could be involved.

The claim will have a section where you can complete and lodge a response to the claim using the following options. It will give you a time limit for what you can do to respond to the claim.

WARNING 

If you do not lodge a response to the claim within the specified time the claimant may ask the court to enter judgment against you without having to go to trial.

Defend the claim

You may defend the claim if you don’t think you are at fault. Get legal advice because court does not always end the way you want.

Admit to all of the claim

You may agree you owe the full amount of the claim and court costs. You can ask to pay by instalments.

Admit to part of the claim

You may say:

  • you only owe part of the claim, or
  • the amount being claimed is wrong.

You can offer to pay what you think is fair to settle the claim in full. The claimant may or may not accept your offer. If they do not accept, the case will continue through court.

 

Useful documents

Magistrates Court of WA

Find legal answers

Going to court over money

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.