Going to court
If you can't resolve your dispute, you may end up in court. However, it is a good idea to try to avoid going to court by settling your dispute, if possible.
This section covers:
Which court?
A court case to recover property damage and other losses resulting from a car accident in NSW is dealt with in:
- the Small Claims Division of the Local Court where the claim is for up to $20,000
- the General Division of the Local Court where the claim is for more than $20,000 and up to $100,000 (or $120,000 in some limited circumstances)
- the District Court or the Supreme Court where the claim is for more than $100,000 (or $120,000 in some limited circumstances).
Time limits
The time limit for making a claim for damages and losses resulting from a car accident is six years from the date of the accident.
If you think you may be outside the time limit, you will need to ask the court for permission to start a case out of time. Before starting a case, you should get legal advice.
Does someone owe you money after a car accident?
If you wish to make a claim for the cost of repairing your car and other losses resulting from a car accident, you will need to decide whether to start a case.
You should carefully consider whether or not it is worth starting a court case.
For more information, see Should you go to court?
For information about going to court to recover $20,000 or less, see the Local Courts – Small Claims topic. Read through the section 'Does someone owe you money?'
If you are claiming more than $20,000, you should get legal advice. For some information, see Local Court - General Division.
Is someone chasing you for money after a car accident?
If someone is chasing you for damages and losses resulting from a car accident and they start a case against you, you will need to decide how to respond to the court case.
For more information about responding to a court case claiming $20,000 or less, see the Local Courts – Small Claims topic. Read through the section 'Is someone chasing you for money?'
If you are being chased for more than $20,000, you should get legal advice. For some information, see Local Court - General Division.
If you have been injured in a car accident and would like to make a claim in relation to those injuries, see 
There's been an injury on the State Insurance Regulatory Authority website.