I've been managing a NSW local court small claims matter myself as I can't afford a solicitor. Briefly a person collided with my car and denied it despite dasham footage. Their insurance company has now also become involved.
I have been dealing with this matter for over a year and it has taken up a lot of my time to understand what I need to do and then act accordingly. Further my car has been off the road during the past year as I couldn't afford the cost of the repairs. By the same token I couldn't afford a hire car.
It turns out that one of the reasons why the insurance company has been fighting so hard is because the other driver filed a false insurance claim, and the insurance company relied on that information to fight my application. The insurance company it seems has now realised this and offered to pay the cost of repairs of $2000 in settlement, but nothing else such as court fees, interest, quotes, etc which amount to about $1,000. If I continue the matter and win at trial, I understand that I am likely to be awarded some or all of these additional costs.
If I do win, it seems however that I am unable to claim compensation for my not having the use of my car for 12 months, the fact that the defence has been based on a incorrect claim by the other driver, or for that matter my time in dealing with this matter (65 hours),
Is that correct?
If not would someone be able to point me towards the relevant part of legislation or case law?