Step 1. The other party has not and/or will not make a claim on their policy
A person does not have to make a claim on their insurance and you cannot compel them to make a claim if the decide not to. There are many reasons they may not make a claim (for example, they are not covered or the damage is less then their excess) If the other party has not made or will not make a claim on their policy, you will need to make a claim for damages from the other driver and/or owner of the other vehicle for them to pay you directly. If you are not insured, you will need to pursue the driver as an individual. 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.