
Step 1. Should I claim or not claim on my insurance?
Information about fault, partial liability and contribution If you accept you are partially liable in an accident, you may be responsible to pay the other party (or their insurer) money for the damage. You may not be able to recover all or any of the damage you have to your car. Fault All drivers and owners have a duty to other road users to take reasonable care. Generally, any person who is negligent (does not take reasonable care) in the driving, control or maintenance of a vehicle and causes damage as a result is at fault and will be responsible for the damage caused. For example, a driver may be negligent if they:
- drink drive;
- speed;
- don’t obey a traffic light or sign; or
- don’t keep a proper lookout.
- the availability and credibility of witnesses
- physical evidence, for example photos, videos, damage reports, skid marks on roads
- interpretation of the Road Rules.
- How much damage is there to your car?
- How much will it cost to fix?
- How much damage is there to the other party’s car?
- Will you be able to negotiate with the other side?
- Does the other party agree that both parties are at fault?
- The terms of your own insurance policy.
- There is very minor damage to your car
- The cost of repairing the total damage to all vehicles is less or just over the amount of your excess. Don’t forget to consider towing, hire car, or other possible costs that may be claimed
- The cost of repairing your car is close to the value of your car and you do not want the car to be “written off” - be mindful of how much the other party is claiming from you.
- The other party agrees they contributed to the accident.
- The other party does not agree they contributed, and believes you are completely liable
- The question of fault proportions is disputed and unclear, and you would prefer your insurer to deal with responding to any letters of demand or court action.
- The damage to both cars is extensive.
- You have an Agreed Value policy, which means your insurer will pay you more than what you could pursue from the other party in damages.
- You have generous hire car benefits under your policy.
- The other party is not insured (or refuses to claim) and you have concerns whether they have the funds to pay for your damages.
- admitted fault or partial fault
- admitted to an amount of damage you are liable for
- delayed the resolution of the matter.