If your vehicle has been damaged in an accident you believed was caused wholly or partly by another driver, but you don't have property damage insurance, you may be wondering how to claim the cost of your repairs.
Our simple four step process will show you how to bring a property damage claim against an at-fault driver.
step 1: Gather evidence
About the accident
It is crucial to prove who caused the accident. If possible, gather evidence about the circumstances of the accident (such as any police report, witness statements or video footage). For an example witness statement, click the button below.
About your loss
In order to calculate the size of your claim, you will need to obtain supporting evidence.
This can include:
- A quote for repairs (if your vehicle is repairable);
- A write-off confirmation (if your vehicle is not repairable);
- A valuation of your vehicle (if your vehicle is not repairable);
- Receipts for towing expenses;
- Quotes or receipts for other property damaged (such as to clothing);
- Evidence of any other expenses incurred.
step 2: inform the at-fault driver
Once you have gathered all necessary information, write a letter of demand to the other driver outlining the basis of your claim.
This letter should includes the following details:
- The circumstances of the accident;
- Why you consider the other driver was at fault;
- The amount you are claiming for your loss;
- The evidence that supports your claim (attach copies);
- When and how you would like the other driver to pay you;
- A deadline for the other driver to respond to your letter.
When stating the amount you are claiming for your loss, it is best to help the other driver understand how you calculated that amount. A simple breakdown of each type loss you suffered can be very helpful (e.g. repairs - $X, towing fees - $X, helmet - $X).
If you contributed to the accident, you will need to reduce your claim by an amount proportionate to your responsibility.
For an example letter of demand, click the button below.
Sometimes, an at-fault driver (or their property damage insurer) will contact you and arrange payment as requested. If that happens, well done - you have resolved your claim.
If the at-fault driver ignores you or refuses to pay, read on.
step 3: Negotiate
If the other driver (or their insurer) disagrees with your claim, they may contact you to discuss.
They may want further evidence (like a second quote), they may want to negotiate a lower payment, or they may want to agree on a payment plan if they are unable to pay up front.
If that happens, you can discuss those matters and try to reach an agreement.
If you can't reach an agreement, or if the other driver ignores your letter, read on.
step 4: Consider formal legal proceedings
If you have exhausted all options and an agreement is unable to be reached, you can consider taking formal legal action against the other driver.
You may be able to commence proceedings in the Queensland Civil and Administrative Tribunal (QCAT) or the Magistrates Court, depending on the nature and size of your claim.
It is best to seek legal advice, before commencing any proceedings, to figure out the best option for you. Formal legal proceedings can involve time and costs, and so it is important to speak with a lawyer before taking action.
tips and tricks
Document, Document, Document!
Ensure you keep copies of any photographs, letters, quotes, invoices, receipts and other documents relevant to your claim.
If you can’t produce evidence to support your claim, you are less likely to achieve a satisfactory resolution.
Going to court should be a last resort
The best course of action is to try and resolve your claim informally.
Formal proceedings in a court (or tribunal) can be time-consuming and costly. So, it is usually wise to attempt other avenues (such as negotiations) before pursuing formal proceedings.
If you would like further information, or if you would like some tips on your own property damage claim, feel free to contact us. Our friendly team would be happy to assist.
Authors: Matthew Geraghty and Verity Smith
