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Before you send a letter of demand to the driver or owner of the other car, you need to make sure you have their name and address. If you do not have the correct contact details for the other party, you won't be able to clearly communicate your claim to them. If you end up going to Court, you may not be able to serve (give) Court documents on the other party and this will cost you money and time.
If you had an accident with someone who was driving another person's car, you will need to decide who is responsible.
A driver may not always be the person who ends up paying for the damage. In some cases, the owner of the vehicle may be responsible.
For more information, see Who is responsible?
The other driver should have provided you with their name and contact details at the scene of the accident.
For more information, see Exchanging details.
If the other driver did not give you their details and the accident was reported to the police, you may be able to get a copy of the motor vehicle accident report. If the accident was not reported to the police, you can make an access application to find out the registered owner's details.
If the police came to the accident or the accident was reported to the police, you can get a copy of the motor vehicle accident report.
You can apply for the report by completing an Online Application through the NSW Police Force Community Portal on the NSW Police Force website.
You will need:
The motor vehicle accident report will usually be sent to you within 10 to 15 working days.
The police will not reduce or cancel the fee in cases of financial hardship.
Normally, a report will have the following information:
Sometimes drawings of the location may also be included.
If you don't know who owns the car you can make an:
Sample: Letter to Transport for NSW making an access application
You can do this:
To get a copy of the form, see Access to information – forms page on the Transport for NSW website. For more information on how to apply, see Access to information on the Transport for NSW website.
Sample: Access Application
You will have to pay a $30.00 application fee (as at July 2020). If you are paying by cheque or money order, you should make it payable to Transport for NSW.
You may also have to pay a processing charge. TfNSW will notify you if you do.
You should mail your completed form to:
Information Access UnitTransport for NSWPO Box K659HAYMARKET NSW 1240
Information Access Unit
Transport for NSW
PO Box K659
HAYMARKET NSW 1240
Once TfNSW has received your form, it will decide whether to give you access to the information. TfNSW may contact the registered operator of the other vehicle and tell them that you have asked for their details. If the registered operator does not want their details released, TfNSW will take this into consideration before making a decision.
It can take up to 20 working days for TfNSW to notify you of the decision. If TfNSW won't give you the registered operator's contact details, you can ask for a review of that decision
If you want to apply for a review of the deicison, you should get legal advice.
If you have problems getting the driver's details from the registered operator, you should get legal advice.
For more information, see Access to information on the Transport for NSW website.
If you have a court case related to your accident, you can apply for a subpoena to get the other driver’s details.
For more information, see Subpoenas.