​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Deali​​ng with insurance companies​

    Dealing with your own insurance company

    For information about dealing with your own insurance co​mpany, see:

    ​​Dealing with the other driver's insurance company

    Case study - Bob and FrankCase study icon

    Bob and Frank had a car accident that was Bob's fault. Frank has comprehensive car insurance, but Bob only has CTP. Frank made a claim on his comprehensive insurance policy to repair the damage to his car. Frank's insurance company then wrote to Bob and demanded that he pay $7,500.00 for the cost of repairs to Frank's car. They threatened to start legal proceedings. The insurance company is standing in the place of Frank to get money from Bob.​

    ​Bob must deal directly with Frank's insurance company, rather than with Frank.

    Under the 'right of subrogation' an insurance company can take the place of any person that they insure and do whatever that person can do, such as make a claim in court.

    A person who is insured for property damage and is not at fault in the accident may make a claim on their insurance to repair the damage to their car. The insurance company will then try and get back the cost of the repairs from the driver at fault.         

    Negotiating with the other driver's insurance company

    Whether you were at fault or the other driver was at fault, it can be difficult to negotiate with the other driver's insurance company. Here are some tips to help you negotiate.

    • Don't give up
      If you make an offer to settle the claim and the insurance company rejects it, you can try making another offer. You could also give them extra information about your financial position or the circumstances of the accident.
    • Put 'without prejudice' on your correspondence
      When these words are said at the beginning of a conversation or written on a document, it means that the information is not a confession or admission. Anything that you say or write can't be used as evidence against you by the other party in a current or future court case in most circumstances. There are some exceptions to this rule.
    • Make notes of conversations
      It is a good idea to make notes of conversations with insurance company staff, including the date you contacted them and the name of the person you spoke with. It is also a good idea to let the insurance company know if you move or change your phone number.
    • Talk to a financial counsellor
      It may be useful to ask a free financial counsellor to help you negotiate with the insurance company. For more information, go to Financial Counsellors Association of NSW website.

    If the other driver was at fault and insured and you were uninsured, you will need to claim against the other driver's insurance company. If the insurance company refuses to pay for your damage you have some options:

    • Claim through the Financial Ombudsman Service.
      If the cost of repairing your car is less than $3,000.00, (or you would be willing to accept $3,000.00 or the amount in dispute is less than $3,000.00) you can make a claim through the Financial Ombudsman Service (FOS). This is a free service and is cheaper than taking the other driver to court. You should try this option before going to court. For more information, call FOS on 1300 790 808 or, go to the FOS website. ​If you want to make a claim through FOS the other party must be insured and have made a claim on their insurance. FOS cannot deal with your claim if the other driver does not make a claim on their insurance. If you are not sure whether the other party has made a claim on their insurance, contact FOS. As a first step FOS will contact the other driver's insurance company to see if a claim has been made.
    • Send a letter of demand
      For more information, see Owed money after a car accident?
    • Take the driver to court
      For more information, see Owed money after a car accident?

    Goin​g to court

    The other driver's insurance company may start a court case against you. While the other driver's name will be on the court papers, the insurance company or their lawyers will run the case.

    For more information, see Being chased for money after a car accident?

    Driver and mechanic inspecting damage to car

    Further information

    ​​​​Financial Counsellors' Association of NSW