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Legal proceedings

If you cannot come to a satisfactory agreement and you want the other party to pay for your damage you must go to the Magistrates Court nearest to where the accident took place, and fill out the appropriate forms for the matter to be decided in court. You can also use the CourtSA online portal to send a Final Notice (Form P1), or file a minor civil claim.

If the amount claimed does not exceed $12 000, the claim is called a minor civil claim. The claim includes the damage to the vehicle and costs reasonably incurred as a result of the accident. For more information about making a minor civil claim see COURT - SUING OR BEING SUED, Minor Civil Actions.

If your claim is more than $12 000, seek legal advice.

Legal proceedings  :  Last Revised: Tue Jun 23rd 2020
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.