Video chapters
Quick answer
Preserve evidence of how the accident happened, ownership and the reasonable cost of repair or replacement. Notify the relevant insurer promptly, mitigate further loss, send the responsible party a supported written demand, and use the correct state tribunal or court if it is not resolved.
What to do
- Preserve — Photograph the scene, damage and identifying details
- Notify — Contact insurers and comply with policy requirements
- Value — Obtain repair quotes, reports and loss documents
- Demand — Send the evidence, amount and response deadline
Transcript
Record the scene, property damage, road or site conditions, registration and contact details. Preserve dashcam, CCTV and witness information before it is lost. If police or emergency services attend, keep the event number. Safety and urgent repairs come first, but retain damaged items where practical.
A claim usually needs evidence that another person failed to take reasonable care and was responsible for the damage. It also needs reliable valuation: repair quotes, invoices, expert reports, proof of ownership and evidence of consequential loss. Pre-existing damage and excessive repair costs can be challenged.
Contact the insurer and follow claim requirements before approving non-urgent work. Provide facts rather than speculation. Check the excess, repair arrangements, replacement-vehicle terms and subrogation rights. If uninsured, identify the correct owner, driver, occupier or business and obtain a current address for service.
Set out the event, why the recipient is liable, each amount claimed and the supporting documents. Allow a reasonable response period and invite insurer details. Keep proof of delivery. If negotiation fails, choose the tribunal or court with the right monetary limit and territorial connection.
A civil lawyer can assess fault, recoverable loss, limitation periods, forum and whether litigation is economic. 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 negligence, insurance and property-damage claims 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.