Got Into First Accident Dont Want to Drive Again

Often Asked Questions​​​

​What to do after a car accident​

1. ​​I had a car accident. The other driver drove away without stopping. Wha​t tin I do?

After a ca r blow, all drivers involved in the blow must stop and substitution their details.

If the other driver did not stop to give you their details, you can report the blow to the police. If the police are able to identify the driver, they may be able to provide you with the other commuter'due south details. If the police can't or won't give you the details of the other driver, and yous have the registration number of the other vehicle, you tin utilise to Transport for NSW to notice out the contact details of the registered operator of the vehicle nether the Regime Information (Public Access) Act 2009 (GIPA Human activity).

For more information, encounter Identifying the other party​.

​two. I was in a motorcar accident. Should I report the accident to the police?​

Y'all must phone call the police after an blow if:

• ​​​​​ one or more than of the drivers was drunk or under the influence of drugs
• someone was injured
• one or more of the cars had to be towed abroad
• the other driver didn't stop and exchange details with yous.

If someone is killed or injured ​equally a result of the accident, or y'all were driving under the influence of alcohol or other drugs, yous should get legal advice before making a statement to the police force.

For more information, come across Reporting the blow to the Constabulary.​

​​​3. I had an accident and both my rider and I were hurt. How can I brand a merits?

To make a claim for personal injury suffered in a car blow yous can contact the State Insurance Regulatory Dominance​ for more data. Yous may besides desire to become legal advice.

There are time limits for making a claim​, which can be every bit short as 28 days after the appointment of the accident. For more data about the kinds of claims you could make and the fourth dimension limits, see At that place'due south been an injury on the State Insurance Regulatory Authority website.

For more data, see Injuries.

iv. The constabulary came to the scene of the blow and talked to some witnesses. Can I become a study from the law?

Yes, yous can make an application to the Police for an Incident Report. This report volition include:

• ​​​​the name of the law officer in charge at the time of the accident
• the place where the accident happened
• the names and contact details of the drivers involved in the accident
• registration numbers of the cars or motor vehicles in the accident
• a summary of the blow.

For more information, see Identifying the other political party​.

5. Do I accept to tell my insurer about an accident if I don't want to claim for it?

You take a responsibleness to tell the insurance company if something happens that may change the insurer's listen virtually insuring you. If you telephone call your insurer to tell them virtually the accident, yous should make information technology clear that you are not making a merits.

You lot should check your insurance policy before yous decide whether you will make a merits. Repairs can sometimes cost more than expected to prepare.

For more data, see Insurance​.

six. Can I find out the other party's insurance details?

No. An insurance company will not give you any information about the insured driver or owner of the car. Yous can't make a claim confronting the other party'due south insurer unless they have made a claim on their insurance policy.

If your auto was damaged in a car accident and y'all believe that the other party was at-fault, yous should enquire the other party to provide you with details of the claim number for their insurer. The other party can then decide whether to negotiate with you directly or brand a claim on their insurance policy.

For more than information, meet What to do after a car accident.

If you lot were injured in a car accident, you tin can make a claim through the other party'southward Compulsory Third Party (CTP) insurer.

For more information, encounter Injuries.

Making a claim​

ane. How practise I get the person who caused an accident to pay for the damage to my car?

If y'all were involved in a car accident and you think the other person was at fault, you may exist able to claim your damages and losses from the other person. If the other party is insured they can make a claim on their insurer. You may exist able to negotiate directly with the other driver or their insurance company. If this doesn't work, you could send the other commuter a letter of demand.

For more data, encounter Making a claim.

2. My car was damaged in an accident and the other driver was at fault. How many quotes do I need to requite the other driver?

In that location is no set number of quotes that you have to give to the other commuter, but it's a good idea to become two or three written quotes. Sometimes getting more than one quote can help testify that the amount you are asking for is 'not excessive' and is 'fair and reasonable'. Y'all should give copies of these quotes to the other driver and keep the originals.

For more than information, run into Getting repair quotes​.

iii. My car was damaged in an accident. What sort of evidence exercise I need to brand a claim against the other commuter?

​ The kind of evidence you demand will depend on your case. As soon as possible subsequently the car accident, you should:

• ​​​​ make notes about the accident
• become contact details from witnesses
• take photos of the scene of the accident
• have photos of damage to cars and property
• draw a sketch of the scene.

At a later time, y'all may need to get:

• ​​​​​​repair quotes
• witness statements
• invoices and receipts (for dam​age or losses suffered).

For more information, see Evidence​.

4. I was in an accident ​​and the other driver agreed to pay for the cost of repairing my car. I sent the other driver an invoice for the repair work and a receipt for the hire machine I used while I waited for my car to be repaired. The other commuter has told me that they will pay for the repair of my car simply not for the hire car. Exercise I accept a right to claim the price of a rent motorcar?

Usually, the party who caused the blow should pay the reasonable costs of the party who suffered loss as a event of the accident. You can merits the cost of hiring a car while your motorcar is existence repaired. The chief question is whether the cost is reasonable. To determine whether a cost is reasonable you should remember about whether:

• ​​the hire car reasonably meets your needs - you could compare cars by looking at what yous use your vehicle for, for case, work or domestic purposes, and determine whether the replacement vehicle meets those needs
• the amount of time you used the hire car is reasonable - if your automobile took two weeks to fix, it may be reasonable for yous to hire a car for two weeks.
  

For more data, see Evidence about impairment and losses​.

5. I had an accident with a van. The other commuter said they don't have to pay for the damage considering information technology'due south a piece of work car. Who will pay for my damage?

You may be able to make a claim against the commuter or their employer.

The employer may have to pay if the driver was driving for piece of work.

The driver may have to pay if:

• ​​​they were driving for work merely they were doing something illegal. For example, drinkable driving
• they were driving for work only they caused the accident on purpose
• they weren't driving for work at that time. For instance, they used the van to go shopping for personal items.

For more information, see Driving for piece of work.

If you have an accident with someone driving a piece of work vehicle, you should become legal advice​.

six. I was parked on the side of the road and a bike rider clipped my side mirror, snapping it off. The wheel rider gave me their details just won't pay for my damage. What tin I exercise?

Bike riders follow the same road rules as drivers of cars. Not many bicycle riders are insured for the damage they cause to other peoples' cars or property. If you can show that the bicycle passenger was negligent you could consider making a claim against them for your damage.

For more information, see Bikes and Making a claim​.

vii. A auto backed into my car just equally I was reversing out of my parking space. The other driver said she was non to blame because she started to contrary outset. Who is at error?

Sometimes at that place may be more than one driver at fault. If the matter goes to courtroom, depending on the evidence, a magistrate may decide that both drivers caused the blow and they will share the costs of the harm. This is called 'contributory negligence'. If you lot have been in a machine accident and yous're not sure who is at mistake, yous should become legal ​advice.

For more data, see Evidence about Mistake​.

Responding to a claim​

1. Someone is challenge I owe them money because I damaged their motorcar. What can I do?

If you lot were involved in a automobile accident and y'all were at fault, you lot could exist responsible for paying for the impairment to the other cars or losses suffered past the other parties. Yous should try to piece of work out whether yous were at fault.

For more information, see Who is responsible​.

It is best non to ignore a claim, as the other party could make up one's mind to go to court which will toll more than fourth dimension and money.

For more information, see Responding to a merits.

2. I have received a letter of need from an insurance company for an blow where I was at fault. I think the amount they are request me to pay is besides much. What can I practice?

You can write to the insurance company:

• ​​ ​​​explaining that yous desire to dispute the amount they are asking for because it is excessive
• asking the insurance company to provide an invoice or other show of the cost of the repairs
• request the insurance visitor to hold off starting any legal proceedings until you have looked through whatsoever boosted information they provided
• request for fourth dimension to get legal advice.

Sometimes the insurance company will agree to give you more fourth dimension just they don't take to. In some cases they will start legal action, even if y'all have written to them. Information technology can exist difficult to decide who is 'at-fault' and so yous should go legal advice.

For more information, see Insurer – dispute resolution​.

3. My grandson borrowed my car with my permission to accept his friends to the embankment. He caused an accident and the other driver is suing me for the damage. Do I have to pay?

Whether or non you lot have to pay for the harm caused by someone borrowing your car will depend on why they were driving the car. If you asked for someone to utilise your auto to exercise something for you, you may exist responsible. But, if you lent them your car so they could use information technology for themselves, so you may not be responsible for the damage they cause.

If someone else has an accident in your automobile, you lot should get legal communication.

For more information, see Owners and drivers​.

4. I was driving my boss's car to pick up some tools for him, when I had an accident. The accident was my fault, but my dominate claimed on his insurance. He said I had to pay the excess of $500.00. Is this correct?

An employee who causes an accident while they are driving for work may be responsible for the damage caused to their employer's car.

​If the employer'southward auto is insured and the employer claims on that insurance policy, the employer's insurance visitor tin't and then claim against the employee for the amount they paid to the employer for the claim.

If the employer has to pay an backlog to the insurance company, they may, in some circumstances, be able to claim information technology back from the employee.

If yous had an accident in your employer'southward car, y'all should get legal ​advice​.

5. I am a builder. Sometimes I contract out extra piece of work to other builders. Recently, i of these contained contractors caused a car blow in his ute. He is saying that I am responsible for the damage he caused. Am I?

Usually an contained contractor will be responsible for the damage they caused in a auto accident if they were driving their own automobile. If the contained contractor was driving a car belonging to you, the independent contractor may exist able to argue that you should pay for the damage.

If an independent contractor is making a claim confronting y'all, you should get legal advice​.

For more information, come across Driving for work when you lot are an employee or independent contractor.

Settling your dispute

​1. How can I settle my dispute with the other party without going to court?

Court proceedings can be costly and fourth dimension consuming. Yous may not become the results you want.

There are many ways yous can try to settle your dispute with the other driver or their insurer without going to court. You can negotiate with them directly or endeavour mediation at Community Justice Centres (CJC).

For more than information, see Settling your dispute​.

2. I don't want to make a claim on my insurance policy. Tin can I negotiate directly with the other party?

You lot tin can negotiate directly with the other party in writing or by talking to them. If the other party has made a claim on their insurance policy, you tin negotiate with their insurer.

If you reach an agreement, make sure it is written downwards and signed by the parties.

For more information, meet Settling your dispute and Negotiation.

3. My insurer told me my car is a write-off. I practice not agree with the insurer's valuation of my car. What can I do?

Depending on your insurance policy, the insurance company will pay you either the 'market place value' or 'agreed value' if your car is written-off. If yous keep the damaged automobile, the insurance visitor will pay yous the value of the car less its salvage value.

If you disagree with the insurance company'south valuation of your car, you should get an independent valuation of your automobile and write to the insurance company. If you cannot settle the dispute with your insurer, you tin mutter to the Australian Financial Complaints Authority (AFCA).

For more data, see Insurer – dispute resolution​.

4. What is arbitration?

Mediation is a good way of settling a dispute without going to ​courtroom. At mediation, the parties involved in a dispute come together with the help of a neutral person called a 'mediator' to try and settle the dispute. The mediator can assist parties to work out how an agreement can exist reached.

Community Justice Centres (CJC) provide gratis me​diation services in NSW.

For more than information, run into Mediation​.​

5. What happens if the other party and I have reached an agreement?

If you lot achieve an understanding with the other party or their insurer, make sure you put it in writing. A written agreement is chosen 'terms of settlement' or a 'settlement agreement'.

The agreement must set out clearly what yous accept agreed with the other political party.

For more information, see Put it in writing.

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Source: https://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_car_accident/Frequently_asked_questions.aspx

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