SaltyNZ: Well, insurance relieves you of the burden of suing someone, but I don't think there's any reason why you can't. Get your repair estimates in order and take it to the disputes tribunal. This is exactly what you would do if you didn't have insurance.

I imagine you'll be asked to explain why you're taking this route rather than filing an insurance claim, but your story is completely reasonable and in fact it doesn't actually matter why you're not filing an insurance claim.

If the other party reversed into your scooter then they are legally liable. Having fought several 'it's your fault I reversed into your car' d***heads in the disputes tribunal and won every time I don't think you'll have a problem.


pretty sure you can do both i.e. claim on the insurance and then sue the responsible party for damages.

what then happens is that say your insurance payout was $1500, the total damages were $2000,  then you can be awarded $2000 from the lawsuit but the insurance company will claim $1500 of it back from you to cover their payout.   its called  subrogation