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Car accidents

Information about property damage caused by a car accident.

  • This topic covers

    This topic covers

    • Mo​tor vehicle accidents and recovering money for property damage
    • Reporting an accident to the police
    • Making a claim on an insurance policy
    • Getting quotes for repairs
    • Disputes about fault
    • Starting and defending a civil claim for the cost of repairs

    The information in this topic does not cover personal injuries and claims for compensation from a motor vehicle accident.​

Time limitAction
As soon as possible, or within 24 hours (unless there are exceptional circumstances)

To report an accident to the police (unless a police officer attended at the time) when:

  • there is a person killed or injured in the accident
  • a driver did not stop and give their details to the other driver or drivers, or
  • a vehicle was towed away after the accident.
28 daysTo report the accident to the police if you want to make a claim because of your injuries in an accident.
Six years

To start legal proceedings to recover the cost of damage to your vehicle.

If you were under 18 years of age at the time of the accident, you have six years from the date you turn 18 to start legal proceedings.

Six years

To start legal proceedings to recover the cost of damage to your vehicle.

If you were under 18 years of age at the time of the accident, you have six years from the date you turn 18 to start legal proceedings.

Three monthsTo lodge your claim with the State Insurance Regulatory Authority (SIRA).
28 daysTo lodge your claim with the State Insurance Regulatory Authority (SIRA)  if you want to claim 'back pay' for loss of earnings from the date of the accident
Three yearsYou have three years from the date of an accident to start court action for compensation for personal injury.
OtherYou should speak to SIRA​ if you were injured in an accident as other time limits apply

Organisations

OrganisationResponsibilities
Small Claims Division of the Local Court of NSWDecides claims of $20,000 or less.
General Division of the Local Court of NSWDecides claims over $20,000 but less than $100,000. Claims up to $120,000 can also be heard in the General Division if both parties agree.
District Court of NSWDecides claims over $100,000 but less than $750,000.
Australian Financial Complaints AuthorityDecides claims for property damage to an uninsured motor vehicle caused by a driver of the insured motor vehicle up to $16,300.

Legislation

AuthorityCovers

Civil Procedure Act 2005 (NSW)

Uniform Civil Procedure Rules 2005 (NSW)

Local Court Act 2007 (NSW) (for small claims)

 Procedure for civil claims for property damage from motor vehicle accidents.

Common term 

  Definition

Deed of ReleaseA deed in which one party agrees to stop any current legal action, and/or not take any legal action in the future, against the other party to the deed.
FaultWhen someone does something or fails to do something that makes them responsible for an accident.
Australian Financial Complaints Authority (AFCA)​A not-for-profit, non-government organisation, that offers fair, independent and accessible dispute resolution for consumers who are unable to resolve complaints with member financial services providers.
​Insurance​​The cover provided to a person or company for certain losses they may suffer, in return for the payment of a premium.

State Insurance Regulatory Authority (SIRA)

A government agency, part of the NSW Department of Customer Service.

They are responsible for regulating workers compensation insurance, motor accidents compulsory third party (CTP) insurance and home building compensation insurance, in NSW.

They were previously the Motor Accidents Authority.

OrganisationFee
Local Court of NSWFees

Organisation

Forms

Uniform Civil Procedure Rules (UCPR) forms

Forms

  • Statement of Claim
  • Defence
  • Affidavit
  • Notice of motion
My problem is about

OrganisationTypeCosts
Small Claims Division of the Local CourtLegal costs

If you win your case, you can only recover a portion of your legal costs from the other party.

If the Court decides in the other party's favour, you will probably have to pay some of their court costs and legal costs.

Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about car accidents.

Go to questions

Our services

Contact us

Call us on 1300 888 529 between 9am and 5pm, Monday to Friday (excluding public holidays).

Services

AFCA

The Australian Financial Complaints Authority (AFCA) is a free, fair and independent dispute resolution scheme that deals with complaints about financial products and services.

Community Justice Centres

Community Justice Centres offer free, confidential mediation services throughout NSW.

Community Legal Centres NSW

Community legal centres give free and confidential legal help to people in need.

Financial Rights Legal Centre

The Insurance Law Service at the Financial Rights Legal Centre provides free information, advice and casework to consumers in financial stress. Call on 1300 663 464.

SIRA

State Insurance Regulatory Authority (SIRA) regulates motor accidents CTP insurance, workers compensation insurance and the home building compensation scheme in NSW.

Solicitor Referral Service

If you need help and are looking for a lawyer, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Last updated: November 2024