Starting a claim - Car crashes

Preparing for court

car crash self-help guide logoStarting a claim

  • Can you find the other party?
  • Do you know their correct address?
  • Are you within the time limit for starting a case?
  • Do you have evidence to prove your claim?

If the answer to any of these questions is no, you should get legal advice before starting.

To start a claim in the Magistrates Court, you must complete and lodge the correct form and pay the required fee.

  • For a minor case claim, use Form 4
  • For a general procedure claim, use Form 3

If you want to apply to pay a reduced fee you will also have to apply using the appropriate form. 

Lodge a  'Form 1A Application to Change Fee Concession Card Holder and people under 18' (this form also covers if you have a grant of Legal Aid for the proceedings). If your eligibility for Commonwealth assistance is confirmed by the court you will pay the reduced fee. 

If you don't have a valid concession card, but can show you are in financial difficulty, and/or it is in the interests of justice, you may be able to ask to pay a reduced fee using one or both of these forms:

  • 'Form 1B Application for Fee Concession - Financial hardship', or
  • 'Form 1C Application for Fee Concession - Interests of Justice'.
Naming the correct defendant

It is essential you identify the correct defendant(s) on the claim. Get legal advice if you are not sure who the correct defendant is.

You also need to the correct address of the person or company you want to make a claim against. For a company you also need to put in the Australian Company Number.

The next step - serving the claim

Generally, the claim must be served personally. This means the claim should be handed directly to the defendant.

You can serve the defendant with the claim, or arrange for the bailiff to serve it. Fees are payable for this service. If you serve the claim yourself, you will need to complete and lodge a Form 11 Affidavit of Service. 

You should get legal advice if you cannot find the defendant to personally serve the claim. You may be able to apply to the court to serve the claim on the defendant in other ways.

Offers to settle

You can try to settle at any time during the court process.

Be open minded about offers of settlement – it may save time, money and avoid stress! The outcome at trial can be uncertain: for example, if you reject an offer of settlement and the case then goes to a hearing at court, the magistrate could decide the other person owes you less than they initially offered. 

 

Useful documents

Magistrates Court of WA

You can also get these forms in person from any Magistrates Court registry.

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.