Resolving your dispute
It is a good idea to try to resolve a dispute without going to court, as court cases take time and cost money. You can try to resolve your dispute by negotiating directly with the other party. If you need help, you could arrange for an independent person to assist you both through a process called 'mediation'. If you reach an agreement, you should put it in writing.
Why settle before going to court?
If you settle (resolve) your claim you will not have to go to court. Here are some benefits:
Time
It can take months for your matter to be finalised at court. You will also have to make time to prepare for and attend court.
Money
If you start a case at court and you lose, the court will usually order you to pay the costs of the other party. These are called 'professional costs' or 'legal costs'. Likewise, if you choose to defend a case at court and you lose, the court will usually order you to pay legal costs.
Even if you win the case and the court orders the other party to pay your costs, this might not cover all of your expenses. For example, you won't be able to claim back wages you lost because you had to attend court and couldn't work. For more information, see Legal costs in the Representing Yourself section of this website.
Stress
Going to court can be stressful, especially if you don't have a lawyer to sort out the paperwork and do the talking in court. Before going to court, it is a good idea to think about the impact that a court case will have on you personally and whether it is worth the stress.
Uncertainty
In car accident cases, it is not always obvious who was at-fault. If you go to court, a magistrate or assessor will make a decision based on the evidence that is presented. The magistrate or assessor will exercise their judgment when applying the law to the facts, and weighing up the evidence. If you reach an agreement with the other party without going to court, there is less uncertainty about what the outcome will be.
For more information about resolving your dispute, see:
If there is an Apprehended Violence Order (AVO) against you protecting the other party or anyone they have a domestic relationship with, you should get legal advice before contacting them. You may be breaching the AVO if you contact them.
A court case claiming the cost of repairs to a car and other losses due to a car accident must be started within six years from the date of the accident.