Step 1. How do I get the other side to pay if they do not agree they are at fault?
If you are not insured, and you are not at fault will need to make a demand to the at-fault driver or owner of the other car for your damages. 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. Generally in car accidents, the other party is entitled to recover damages caused by the at-fault’s party's negligence. The damage in a motor vehicle repair claim is usually made up as follows:
- Repair cost of the damage caused or the market value of the vehicle, whichever the lesser
- PLUS towing costs
- PLUS hire car costs, lost wages or profits (called “demurrage”)
- LESS salvage value (if market value of the car is claimed)
- send a letter of demand, which outlines your damages and the date in which you want the money paid by; and then
- if the demand is not paid by the demand date commence a claim in Court.
- make a claim in the Australian Financial Complaints Authority (AFCA) if (and only if):
- You are not at fault (The other drivers caused the accident)
- The damage is less than $15000 (or you are willing to accept $15000 as your maximum loss)
- The other driver is insured (and claims on their insurance)
- The other driver caused the accident