When can I commence court proceedings?

Certain types of claims are unable to be determined by CARS. Those claims can proceed to the District Court of NSW. This includes the following types of claims:

  • Where liability has been denied by the insurer
  • Where there are complex legal or other issues involved

In this case a claim can be commenced immediately in the District court of NSW and will be determined by a Judge.

Otherwise all claims must first be determined by CARS and only then if dissatisfied can an injured person elect to commence a claim in Court.