There is no such entitlement under the law. However, arguably if the insurance company was to commence legal action against you, they would be responsible for proving the amount of the damage claimed. If you dispute the items that have been repaired or the amount of the invoice, you are welcome to contact the police to determine whether the road rules will support you not being at fault. In cases where you believe that you are only partly at fault, you should raise this with the other party’s insurance company but we encourage you to consider making a settlement offer based on what you believe you should be responsible for.

Any settlement offer that you make should be in writing. It should also have the words ‘without prejudice’ at the top of the letter and somewhere in the body of the letter you should use the words ‘in full and final settlement of this matter’.