When will you go to court for a car accident?

If you’re unable to resolve your car accident dispute, it is possible that you make end up in court. There are opportunities to settle your dispute outside of court and most claims are settled without the need to go to court or have a trial.

If you do not agree with the insurer’s settlement or liability is disputed you may have to take your case to court. However, this is very rare.

If this happens, it’s usually in your best interests to seek legal guidance.

Which Court?

The amount of your claim will determine which Court you file your claim in.

In QLD, claims over $150,000 are filed in the District Court and claims over $750,000 are filed in the Supreme Court.

Someone owes you money from property damage caused to your vehicle

If you have been in a car accident that is not your fault and your vehicle is damaged, you may make a claim against the individual who caused the damage. If the person has insurance, their insure will pay for the cost of repairs however, if they do not have insurance or if the insurer refuses to pay for the repairs, you may need to lodge a claim.

If they damage to your vehicle is less than $25,000 (excluding interest) you can bring your claim in the Queensland Civil and Administrative Tribunal (QCAT). If the value of the damages is greater than $25,000 you would have to file your claim in court.

You need to consider if it is worth it or not to start a court case for your car accident. If you are claiming high amounts of money, you might want to consider getting legal advice first.

Should you go to court for your car accident claim?

A judgement from the court can help you receive the money that you are claiming from your motor vehicle accident, however, the court will cost your time and money and the outcomes can be unpredictable.

Some questions to ask yourself:

  • Can you find the other party in the car accident? You need their information to start a court case.
  • Are you within the time limits for starting a car accident case? Time limits vary from state to state.
  • Is there a relation to the state? Depending on what state you are in, your claim must have someone involved with the state. I.e the motor vehicle accident happened in that state.
  • Do you have evidence to prove your claim? I.e. statements, photos, statements, police reports, documentation related to the car accident, etc.
  • Do you have a lawyer?
  • Do you have time to go to court?
  • Can you afford it?
  • Will you get your car accident claim if you win?

There are many things to weigh in when deciding to go to court for a case of your car accident. Depending on how severe your car accident was and what claim the compensation you are determined to get can definitely make up your decision.

You owe someone money after a car accident

If you are at fault in a car accident, and someone is chasing you down for damages and losses, and starting a case against you, you need to understand and know what to do in regards to the court case.

If you are being chased for high amounts of money, you should seek legal advice.

This article is a part of our Motor Vehicle Accident Claims Guide which is designed to help you navigate the process of making a motor vehicle claim where you may require a motor vehicle or car accident lawyer.

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We can help you make a claim for an event, incident or accident – that happened anywhere in Queensland. We have offices on the Sunshine Coast, Brisbane and the Gold Coast, and visit other regions. We are personal injury lawyers that are ready to help you with your insurance policy and the claims process.

If you have been involved in a car accident, you may be entitled to make a claim for compensation for the injury. We are professionals in personal injury law and we will meet with you and establish whether you can make a claim. We’ll also explain your rights, any time limits and the process. Get in touch to find out how we can assist here.