QLD Car Accident - How to Make a Claim Against Other Driver?

[Timtran]

I had a car accident with another driver. The crash happened when the other driver carelessly crossed the traffic, and my car hit that car on my own travelling lane. The other driver exchanged information with me but refused provided his car insurance company. My car had more damage and has been towed. I believe that the other driver has full responsibility for my loss, but he said I must work out with my own insurance company as he did. However, my car insurance has been cancelled two months before due to late payments.

What should I do to make a claim against that driver?

 

[JS79]

Timtran,

A useful article about car accidents can be found here:
What To Do If You're Involved in a Car Accident - Legal Blog - LawAnswers.com.au

Being uninsured and not knowing the other person's insurance company can make getting your car fixed a little hard. However, as you have the other driver's information you could look at lodging a claim at the small claims court for the amount it would cost to get your car fixed. You of course would need to show the magistrate your evidence.

Good luck

 

[Timtran]

Thank for your answer. There is a new update for my situation. I tried calling him and now I know which insurance company and what the claim number is. However, the insurance company has reviewed his report and decided that it was not his fault without contacting with me.

Now they said they have processed the claim for him and have no responsibility for my car. If that happens, I would be seen as the one at fault and have would have no protection against this circumstance.

 

[Lawyering mum]

Sounds as if the damage was over $5k, if so go and obtain the "QP" number from the police (if they won't give you the Rego details). From there you can complete a CITEC information form and request the accident details from them, which will the. Provide you with the other car's details. Once you have the details you can do a "point in time" registration search which will provide you with the insurance details, then you can send all your info directly to the Insurer

 

[Lawyering mum]

If the insurer has decided that (and it is common for them to do that), make a police report (if you haven't already) and also obtain some witness statements of possible.
Quite often you can just submit a stat dec detailing the circumstances of the accident.

 

[Timtran]

If I ring for the Dispute Resolution Team of other driver's insurer, would they investigate the accident or not? I believe that driver had twisted the truth from what really happened for his insurer.