You came back to the car park and found the rear quarter panel caved in. A note on the windscreen: “So sorry, hit your car, call me.” You called. They were lovely. They said “send me the quote.” You sent the $2,400 quote. Silence. Three weeks of silence.
Or worse: no note, but a witness saw it and got the plate, and the driver denies everything.
Either way, you do not have to eat this bill.
The law is simple: negligence
A driver who damages your parked car has been negligent. They owed you a duty of care, they breached it, and it caused you loss. That is a civil claim you can bring in the small claims division of your state’s court or tribunal. You do not need the police to charge them, and you do not need them to have admitted it in writing (though the note helps a lot).
In most states it is also an offence to leave the scene of an accident without exchanging details. Mention that.
What you can claim
- Repair costs: get two written quotes from reputable panel beaters
- Hire car while yours is being repaired, if you needed one
- Loss of value if the car is written off or diminished (for a newer car)
- Your insurance excess if you went through your insurer, plus any loss of no-claim bonus
If you claimed on your own comprehensive insurance, your insurer will usually chase the driver for you. But if you have no comprehensive cover, or the excess is high, you chase them yourself.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
What if you only have the plate?
You cannot sue a number plate. You need the owner’s name and address. Options:
- Report to police and get an event number. Police will not always chase it, but the report creates a record.
- Apply to your state’s transport authority (Service NSW, VicRoads, TMR in Queensland, etc.) for the registered owner’s details. Each state has a form for “details for legal proceedings.” There is usually a small fee.
- If you are with an insurer, they can obtain the details.
The Letter of Demand
Once you have a name and address, send a letter that:
- States the date, time and location of the incident
- Refers to their note, admission, or the witness evidence
- Attaches the quotes and states the amount
- Gives 14 days to pay, or offers a payment plan if you are happy with one
- Warns that you will file in the Magistrates Court or tribunal, and that a judgment can be enforced against wages, bank accounts or their car
A $2,400 judgment, which can be enforced against wages or bank accounts, is a lot worse than $2,400.
Evidence
Photos of the damage, the note, the location, any CCTV request you made to the car park operator, the witness’s name and number, both quotes, and your police event number. Ask the car park operator for CCTV straight away, before it is overwritten.
Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.