Hi there. Determining who is at fault in a car accident can be difficult. If the police have charged one driver with a traffic offence as a result of the accident, it can mean they are partly liable for the damage, but not necessarily for all the damage. Often both parties contribute to an accident and this should be reflected in who pays for what damage.

If you were uninsured at the time of the accident, it is important that you get legal advice about who is at fault before contacting the other driver or their insurance company. If you believe the other driver was at fault, you can send them or their insurance company a letter of demand, requesting them to pay for the damage to your vehicle. You should include copies of at least two different quotes for the repairs. This will help you prove that the amount of money you are claiming is fair and reasonable. The other driver can refuse to pay for repairs that are excessive or unreasonably expensive.

If the other driver does not accept that they were at fault, they are unlikely to pay for your repairs. In this case, you both have the option of taking the matter to the Magistrates Court (www.magistratescourt.wa.gov.au) where the court will determine who was at fault and who is liable to pay for the repairs. Note that court proceedings can be expensive, slow and unpredictable, so you should try to resolve the issue without heading to court.

Suggested way forward

Speaking to a lawyer will help you understand who was at fault and whether you are liable to pay for the repairs. A lawyer can also suggest ways of resolving the matter without going to court. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.