MVA Problem Solver

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The other party has not admitted fault, and I am insured but not claiming

You will need to negotiate a settlement.

You can do this either:

  1. over the phone; or
  2. in writing.

Your first step is to work out how much your damage you have suffered by the collision. This means gathering evidence and quotes for repair or if your car cannot be repaired its market value. This is explained on the previous page.

After working out the damage the next steps are to:

  1. send a letter of demand, which outlines your damages and the date in which you want the money paid by; and then
  2. if the demand is not paid by the demand date commence a claim in Court.

OR

  1. make a claim in the General Insurance Division of the Financial Ombudsman Service Australia (FOS) if (and only if):
    • You are not at fault (The other driver (or drivers) caused the accident);
    • The damage is less than $5000 (or you are willing to accept $5000 as your maximum loss);
    • The other driver is insured (and claims on their insurance).

If you do not meet the requirements for FOS, you are limited to Options 1 and 2, that is send a letter of demand and commence a claim in court (if the demand is not paid).

The following links are only where the amount is in dispute.