WA Car Accident - Rights Against Car Insurance Demanding Payment?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
23 July 2015
I was involved in a car accident in a business car park. It was a two lane and one way through-way. The other driver reversed into my driver side rear whilst I was stationary during changing gear from reverse to first gear to move forward. She ended up in my lane and receive a tear in her door just under her passenger window.

I did not make a claim against my Car Insurance as I claimed no responsibility. Her Insurance Co posted an e-mail with a demand for payment of $2,000 within 14 days.

What are may rights here?

Thank you

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Teresa,

Unfortunately, this is a matter of he said she said. I suspect the other car owner told her insurance company that the accident was your fault. Were there any witnesses (did you have anybody in the car with you)? Was police called on the scene? Did you get a mechanic's report detailing their opinion as to what happened? Did you take photographs of what happened? Are there any cameras around that might have captured the accident? This is all evidence that could help you.

As for what to do now, write to the insurance company disputing the events of what happened and clearly state that you dispute owing them $2,000 (or any amount for that matter). Was your car damaged? If so, you should be claiming damages from her. This will likely strengthen your case.