Hi there. While it is difficult to second guess the decision of the police officer not to charge the driver of the car, the law generally does not permit a person to cause damage to another person’s property, even when acting in self defence or out of fear. You should contact your local police station and ask them to reconsider charging the driver of the car. If you are not happy with the officer’s response, you should ask to speak to their supervisor. You should also tell the police that you have witness statement in your favour. If you are unhappy with the police’s handling of the matter, you may want to lodge a formal complaint with NSW Police via their website (www.police.nsw.gov.au).

You should keep in mind that, even if the driver of the car is charged with a criminal offence, this may not result in them being forced to pay you money for the damage they caused to your bike. Crimes are punishable by a wide range of sentences, but an offender is not always required to pay the victim money.

However, the law does allow you to sue another person who causes you personal injury or damage to your property. This is called a ‘civil claim’ and it is different to a criminal matter. You can sue the driver the car by commencing legal proceedings in the Local Court to recover the value of the damage caused to your bike. It is not necessary for the driver to have been charged with a criminal offence, although this may influence the outcome of your civil claim.