​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 |

Making a claim

    ​Deciding whether to make a claim

    After an accident, you need to decide whether to make a claim on your insurance to pay for the damage to your car.

    If you have comprehensive insurance, you should consider:

    • whether the cost of repairing your car is more or less than the excess you will have to pay on a claim. If the damage is minor and the excess is high, it may not be worth making a claim.
    • whether making a claim will reduce your no claim bonus.

    Alert Icon You should tell your insurance company if you have been involved in a car accident, even if you decide not to make a claim.

    If you have third party property insurance, you may get a limited payment for damage to your car if you were not at fault. You must be able to give the insurance company the name and address of the driver at fault.

    If you decide not to claim on your insurance, and you think the other driver is at fault, you can make a claim against the other driver. For more information, see Owed money after a car accident?

    How to claim on your insurance

    If you decide that you want to make a claim on your insurance policy, go to the Insurance Law Service factsheet Making a claim on your car insurance.

    If you or the driver of your car was unlicensed or affected by drugs or alcohol, your insurance company is likely to reject your claim. If your claim is rejected, see the Insurance Law Service factsheet What can I do if my insurance claim is refused?        

    How to claim against the other driver's insurance company

    If the other driver makes a claim from their insurer, you may be able to recover the cost of repairing the damage to your vehicle from the other driver's insurance company. You may have difficulty claiming against the other driver's insurance company if:

    • the other driver's insurance company does not think the other driver was at fault or thinks you are partly at fault or
    • the other driver's insurance company does not agree with the amount of your claim.

    If the insurance company refuses to pay for the damage to your car you have some options.  You can:

    • Claim through the Financial Ombudsman Service (FOS)
      If the cost of repairing your car is less than $3,000.00, or you would be prepared to accept $3,000.00 you can 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 780 808, or go to the FOS website.
    • Send a letter of demand to the insurance company
      For more information, see Owed money after a car accident?
    • Take the driver to court
      You can take the driver to court to recover your damages. The driver will be represented by the insurance company. For more information, see Owed money after a car accident?

    Alert Icon​In certain situations you may be able to start court action directly against the other driver's insurance company. You will need to seek leave from the court (ask permission) to have the insurance company named as the defendant. Before you do this, you should get legal advice.         

    How to claim against the other driver

    Sometimes, in accidents where the other driver is at fault, the owner of that car may not want to claim on their insurance to pay for your damage or may not have insurance. You can't force the owner to make a claim, but there are other ways you can claim your money.