The other driver admitted fault but now ignores me. Can I still claim?

Yes. Their admission, photos and details are evidence. Ask for their insurer in writing, then send a letter of demand; Small Claims is the next step if needed.

What if the at-fault driver has no insurance?

Your own comprehensive policy can cover your car. With third party property, check for an Uninsured Motorist Extension, often up to around $5,000. You can also claim against the driver personally.

How long do I have to take action?

Usually six years from the date of the accident for vehicle property damage in NSW. Acting early is much easier: evidence is fresh and the other driver is easier to find.

The other driver won't respond, won't pay or has no insurance: what to do in NSW

Checked against official sources on 2026-11-04

1. Make sure you have what you need

Their name, address and registration number. If they refused to give details at the scene, that has to be reported to NSW Police on 131 444.
Photos of both cars, the scene and their number plate.
A written repair quote for your car.
Any messages where they admit fault. Save them; don't delete the chat.

2. Ask for their insurer, in writing

Send a short message or email asking for the name of their insurer and a claim number. Many people who go quiet are simply hoping it goes away. A written request makes it clear you are not letting it go.

3. Send a letter of demand

If they still don't respond or refuse to pay, send a letter of demand. Legal Aid NSW suggests asking them to pay for your repairs and other losses, attaching a copy of your quote, and giving a deadline such as 14 days. Keep your original quote and a copy of the letter.

4. If nothing happens: the Local Court

The Small Claims Division of the NSW Local Court hears claims up to $20,000. It is designed for people representing themselves and is less formal than other courts. Court action for vehicle property damage usually has to start within six years of the accident.

5. If the at-fault driver has no insurance

Comprehensive cover: your own insurer can repair your car, subject to your excess.
Third party property only: check for an Uninsured Motorist Extension. Legal Aid NSW describes it as a little-known term that often covers your car up to around $5,000 when an uninsured driver is at fault.
You still have a claim against the uninsured driver personally, through steps 2 to 4.

6. If you have no insurance and their insurer won't pay

The Australian Financial Complaints Authority (AFCA) can consider an uninsured motor vehicle complaint against the at-fault driver's insurer. It is free for consumers. For complaints lodged from 1 January 2024, compensation for this type of claim is capped at $19,000. AFCA: 1800 931 678.

How MotorClaim helps

Chasing a driver who has gone quiet is exactly the slow, frustrating part we take off your hands. We find the insurer, put the evidence together and keep at them, while your car gets repaired. If a matter has to go to court and that would cost you anything, we explain it and ask you first.

Common questions

The other driver admitted fault but now ignores me. Can I still claim?: Yes. Their admission, photos and details are evidence. Ask for their insurer in writing, then send a letter of demand; Small Claims is the next step if needed.
What if the at-fault driver has no insurance?: Your own comprehensive policy can cover your car. With third party property, check for an Uninsured Motorist Extension, often up to around $5,000. You can also claim against the driver personally.
How long do I have to take action?: Usually six years from the date of the accident for vehicle property damage in NSW. Acting early is much easier: evidence is fresh and the other driver is easier to find.

Sources

General information only, not legal advice. Your situation depends on the facts and the terms you sign.