NSW Compensation for Damages from Other Party?

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ray63

Active Member
22 January 2017
6
0
31
To what degree is the at fault party required to compensate for damages to our vehicle?

There are the obvious towing and repair costs, and costs to compensate for loss of use and enjoyment of the damaged vehicle. However, how far do these compensation costs extend?

Would the following principals hold up in a statement of claim?

Hire vehicle whilst damaged vehicle is unavailable for use
  • this vehicle must be at least of a similar type to the damaged vehicle
    • it may be a small two door hatch, a seven seater SUV, or a truck
    • must have similar insurance coverage to the damaged vehicle. ie, if the excess on the damaged car is $600, then the hire car should have an excess of no more than $600. (many hire car companies have single vehicle excesses or excesses where the other party cannot be identified of $2000 or more.)
  • costs associated with reducing the excess on the hire vehicle to a level no worse than that of the damaged vehicle are damages payable by the at fault party
Travel
  • costs to travel from the accident site to home
  • costs to and from the smash repairer
  • costs to and from the car hire location
In the event private vehicles are used for this travel, then this does not preclude these costs from being part of the damages claim. In order to ascertain these costs, a $/km could be used (eg that ATO allowable rate for tax deductions)

Which of the above costs /principals form a legitimate claim for damages against the other, at fault, party. Are there any other damages to consider for compensation? (no personal injuries incurred - other than perhaps emotional distress and discomfort that we'll put aside )
 
S

Sophea

Guest
To claim for a temporary replacement vehicle you only have to show a "reasonable need". I would definitely include everything in your claim and the judge or magistrate will award you what they see is fit.
 

ray63

Active Member
22 January 2017
6
0
31
Thanks Sophea - It took a while to get our insurer to address this matter, since we believe they were conflicted as being the insurer of us and the other party. We eventually received what we felt were fair and reasonable liquidated damages.