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Quick answer
The driver or owner legally responsible for the crash may have to pay the reasonable cost of repair or the vehicle's pre-accident value if it is a write-off. Your insurer may manage recovery. Without comprehensive cover, you may need to prove fault and loss yourself.
What to do
- Preserve — Photos, dashcam, witnesses, location and driver details
- Notify — Tell the insurer promptly and follow the policy process
- Quantify — Obtain repair evidence or pre-accident market value
- Recover — Negotiate or sue in the correct local forum
Transcript
After a crash, the person legally at fault may have to pay reasonable property loss. That is separate from compulsory third-party insurance, which concerns personal injury. Photograph vehicle positions, road markings, damage and the surroundings, exchange details, identify witnesses and preserve dashcam footage before it is overwritten.
If you have comprehensive insurance, notify the insurer promptly and let it assess repair, write-off and recovery. Read the excess and cooperation terms. Third-party property cover mainly protects you against damage you cause; it may provide limited uninsured-driver cover. If the other insurer contacts you, do not guess about fault or sign a release casually.
Use repair quotes, assessor reports, towing and storage invoices, evidence of replacement-car costs and the vehicle's pre-accident value. Mitigate loss by avoiding unnecessary storage or inflated replacement costs. If fault is disputed, prepare a diagram, chronology, road-rule analysis and independent evidence rather than relying only on competing recollections.
An uninsured at-fault driver can still be personally liable. If the driver cannot be identified, ordinary vehicle damage may not have a compensation scheme equivalent to personal-injury nominal-defendant arrangements. Report the incident, seek CCTV quickly and check your own policy. Court and tribunal options differ by state and amount.
A lawyer can test fault, damages, insurance correspondence and the correct forum, then prepare a focused letter or claim. Go To Court can provide free general information and arrange a civil-law consultation where a suitable lawyer is available. The contact details are on your screen.
Sources and further help
Sources checked 3 September 2026.
Important
This video provides general information about motor vehicle property damage and insurance disputes in Australia. It is not legal advice and does not take account of your circumstances. Laws, procedures, fees and time limits can change, and state or territory rules may apply. Get advice from a qualified lawyer about your situation.