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Dealing with the other driver's claim

If the other driver/other driver’s insurance company has made a claim against you, you need to decide whether or not you think the amount they are claiming is reasonable. You can only be asked to pay the costs of damage caused by the accident so you do not have to pay for any damage that was there before. However, a number of reasonable costs can be legitimately claimed by the other driver including:

  • Valuation fees
  • Towing fees
  • Replacement costs for personal property damaged in the accident
  • Hire car costs

If you do not agree with the amount being claimed you will need to get an independent assessment of the damage but you will require the other party’s permission to do this and must pay for the assessment yourself.

Where an insurance assessor has checked the repair quote or the valuation of a vehicle, it may be difficult to dispute the amount claimed unless it can be established that the other driver is claiming for unnecessary work. For example, you do not have to pay for new panels when second hand would do.

Dealing with the other driver's claim  :  Last Revised: Mon Aug 30th 2010
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.