A member asked almost 6 years ago

Insurance dispute

My friend and I were in a motor vehicle accident. The couple in the other vehicle and ourselves haven't got insurance for our vehilces. The other couple were at fault in the accident. The police were not contacted and no report was made. We have quotes for the damage to be repaired but they want to use their quotes from their repairer. My question is how do we resolve this issue when both parties cannot prove who was in the wrong as it's our word against theirs. Who's repairer has to do the job? 

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. If no police report was made and there is no other third party evidence about the accident, it is very difficult to prove who was at fault. This makes it difficult to determine which repairer’s quote should be used to fix the damage.

You may want to consider using mediation to settle the dispute. This uses an objective third party to mediate an outcome, without having to resort to formal legal proceedings. Both parties must agree to participate in the mediation. Any outcome is not legally binding on the parties. The Queensland Government offers free mediation services via its Dispute Resolution Centres (www.qld.gov.au/law/).

If mediation is unsuccessful, your next option would be to incur the cost of the repairs and then commence formal proceedings in the Queensland Civil and Administrative Tribunal (www.qcat.qld.gov.au) or Magistrates Court (www.courts.qld.gov.au) to claim compensation for any excess amount paid. However, based on the information you provided, it sounds like you would have difficulty proving that the other party was at fault and that they therefore owed compensation for any excess losses you suffered.

Suggested way forward

You should consider using mediation to resolve the dispute with the other party, as this is the cheapest and quickest option available. If it is unsuccessful, you may want to consider speaking to a lawyer who can advise you of the next best course of action. 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.

Answered almost 6 years ago   Legal disclaimer


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