It is easy, particularly for uninsured drivers, to feel intimidated by insurance companies. They often refuse to negotiate at first and often will refuse to admit any liability on the part of their insured driver. Remember that you are not making a claim on the other person’s insurance, but do not give up. Insurance companies prefer to settle disputes out of court just like everyone else. This is because it is often time consuming and more expensive to take a matter to court.

Maintain contact with the insurance company. Always let them know if you change your address or phone number because if they don’t hear from you they will assume that you don’t want to negotiate.

Always keep notes of any conversations you have with insurance company employees and record the date of the conversation.

Keep copies of all written notices you send and get legal advice about the extent of your liability before you start negotiating.

If an insurance company makes a verbal offer, ask that the offer be put in writing for your consideration.

If you have not been able to reach an agreement with the other driver’s insurance company about the damage to your vehicle, you may be able to use the Australian Financial Complaints Authority ('AFCA') to resolve the claim. If your insurance company is handling the claim for you, and you are dissatisfied with how long it is taking, or a decision that they have made, you can also go to AFCA for help.

The Australian Financial Complaints Authority is free to use but the amount it can award in these cases is limited to $16,300 (as at 1 January 2021) if you are uninsured.