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13. STEPS TO TAKE IF MAKING A CLAIM AGAINST OTHER PARTY

If a person decides the potential costs of engaging a lawyer outweigh the amount of damages recoverable, they may choose to handle the claim themselves. In this case, certain steps should be taken preliminary to issuing any court proceedings. These include:

1) Obtaining details of the car accident

You should have found out the other party's name and address at the scene of the accident. If not, these can be obtained from the Police Department, Crash Records section (Ph 9222 1929) for a copy of the full police report of the accident (when any prosecution action has been finalised). A small fee is payable.

A police report is recommended in most cases as statements from other parties may also be available. You will need to obtain authority from a witness for a copy of his or her statement.

2) Obtaining Quotes for Repairs

A person should also have the cost of repair of the vehicle assessed by a reputable repairer obtain a written quote. It is not necessary to obtain two quotes, but it is advisable. In such a case, the lower quote should be claimed.

3) Attempt to Negotiate a Settlement

You should attempt to negotiate with the other party without going to court, including by writing formal letters of demand.

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