I'm not at fault - Car crashes
The other driver or their insurer agrees to pay
If they agree to pay, ask for this in writing stating the amount to be paid and the date by which full payment will be made. This is called a ‘settlement agreement‘. If payment is not made by this date, get legal advice.
You should also get legal advice before signing a settlement agreement.
The other driver or their insurer refuses to pay or does not respond
If you have sent a letter of demand but:
- the other driver or their insurer refuses to pay the whole amount, or
you haven't received a response by the deadline you gave in the letter,
you will need to make a decision about what to do next.
Going through the Australian Financial Complaints Authority
If you are unable to negotiate with the other driver's insurer, you may be able to make a claim through the Australian Financial Complaints Authority (AFCA). This is a free service.
You can make a claim to AFCA if:
- you are an uninsured driver
- the other driver was at fault
- the other driver is insured (and has made a valid claim and paid any relevant excess to their insurer), and
- your claim for damage is under $16,300 (or you are prepared to accept this amount to settle your claim).
Making a Magistrates Court claim
You may want to make a claim for damages in the Magistrates Court of WA if:
- attempts to negotiate with the other driver were unsuccessful (if they are uninsured or not claiming through their insurance policy)
- you have made a claim to AFCA but were unable to settle the matter, or
- you are not eligible to make a claim to AFCA against the other driver's insurance.
Get legal advice before starting a case at court.
Keep a record of all conversations you have with the insurer or the other driver, including who you spoke to, the date of the conversation, and what was said.
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