When you have been involved in an accident and want to recover the cost of repairs to a motor vehicle
For claims relating to personal injury suffered in a motor vehicle accident see: Claim for personal injuries in a motor vehicle accident.
| Amount you are claiming | Less than $12,000 | $12,000 - $100,000 | $100,000 + |
|---|---|---|---|
| Court your claim will be heard in | Magistrates Court (Minor Civil) | Magistrates Court (General Civil) | District Court or Supreme Court |
Anyone (including businesses) can lodge a claim for compensation against any person or business who they believe has caused damage to their motor vehicle.
For Minor Civil Claims you cannot have a lawyer or legal representative appear for you in court (except in exceptional circumstances). This is because the Courts try to deal with these types of cases with minimal formality.
For all other claims you can decide if you have a lawyer or legal representative.
If you are under 18 or considered to have a disability due to a physical or mental impairment you are required to have a litigation guardian.
You have six years from the date of the damage to the motor vehicle to bring a claim.
You will need to provide the details of your claim (called ‘the Particulars’) including:
- The amount of money you are claiming
- The date or dates of the damage
- Why you believe the other person owes you the money
You can provide your Particulars in a summary (less than 100 words) or by completing a Form x Statement of Claim.
If you are:
- claiming in the Magistrates Court you will need to provide quotes relating to the motor vehicle damage.
- lodging your claim using CourtSA you will need a credit card to pay the lodgment fee.
To lodge a claim to recover the cost of repairs to a motor vehicle online you must complete the CourtSA Claim Form.
Lodge a claim
What happens will depend on the amount you are claiming and the court that hears your case.
Generally, the process is: