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It is a good idea to try to settlem your claim without going to court.
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.
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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.
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 Legal skills topic.
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.
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.
You can try to settle 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'.
For more information, see:
If you reach an agreement you should put it in writing.
For more information, see Put it in writing.
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.