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What to do if you’re involved in a car accident without insurance

  • Gerard Malouf

Been involved in a car accident where you or the other party were not insured? Unfortunately, you’re not alone. People drive uninsured every day and that can severely hurt an injured party’s chances of getting medical and property coverage after an accident. If you’ve been injured in an accident and either you or the other party doesn’t have insurance, complications can arise. Let’s take a look at the different options depending on if you or the other party is driving without insurance.

What to do following a motor vehicle accident

Regardless of your insurance status, there are several steps you should take following a motor vehicle accident. These include:

  • Calling 000 for emergency services if anyone involved in the accident is injured.
  • Finding out if the other party has insurance and collecting their insurance information if they do.
  • Writing down as much information you can about the driver, their car and any damage to either vehicle.
  • Noting the speed at which you were driving, diagramming the scene of the accident and detailing any traffic lights or signs.
  • Photographing as many details as possible, including the other driver’s license.


Ultimately, the more details you can collect, the better the case you can make for yourself if need be. If you are unable to gather information at the scene of an accident because of injuries, a motor vehicle lawyer can assist you retroactively.

In the minutes following a motor accident, it’s also important that you remain calm and neither admit fault nor accuse the other party of being at fault – even if you find out they are uninsured. You may remember the accident differently than what actually happened, and put yourself in danger of not receiving any coverage.

An incident where you're uninsured but not at fault

If you are driving without insurance, get injured in a crash but did not cause an accident, you may still have options for getting coverage.

If you registered your vehicle with the Australian government, then you may have CTP insurance. CTP covers any physical injuries you may have incurred. 

However, if you do not have CTP cover there are still options. You and your car accident lawyer can contact the at-fault driver’s insurer for coverage. It’s important in this instance to file a police report and collect as much documentation of the accident as you can since you will not have insurance support to determine fault. As with most personal injury cases, the potential damages an injured driver who is not at fault include:

  • The cost of treating the immediate physical injury.
  • Ongoing medical costs, such as domestic care to recuperate from long-term injuries.
  • Non-economic damages, also called pain and suffering damages, for psychological or emotional distress.
  • Loss of earnings or superannuation if the incident leaves the driver unable to work.

You and your lawyer will work together to prove your claim.

Accidents where you’re uninsured and at fault

If you’re found to be at fault for an accident and are uninsured, it could wind up costing you. Legally, at-fault drivers are liable to pay all of the injured party’s damages. The purpose of an insurer is to foot the bill if you find yourself in this situation. However, if you don’t have proper insurance, you’ll be left to pay out of pocket. Depending on the specifics of the accident, what you owe could add up fast. 

Gerard Malouf & Partners do not assist with claims on behalf of at fault drivers, regardless of their insurance status.

What to do if the other party has no insurance

Accidents where you are not at fault and have injuries, but the other driver is uninsured also present their own unique challenges. In this situation, you could still get coverage for your injuries. 

Here is what to do if the other party has no insurance. After the accident, speak with the at-fault party and assess the damages both to your car and your body. If the driver agrees to cover the damages, begin collecting quotes from mechanics and medical professionals to send to the at-fault party. However, if the at-fault driver refuses to pay for damages, you can speak to your lawyer about taking the case to court.

Be sure to report the incident to your insurer to align with the duty of disclosure clause within your insurance policy. Insurers can offer recommendations on whether to handle the accident privately or through a claim. The insurer can also file a lot of the paperwork for you and work through the details on your behalf with the at-fault party. 

However, in a situation where neither party has insurance, then no one can make a claim. With this type of scenario, both parties will need to settle the damages privately. 

The impact of uninsured drivers

Driving without insurance is illegal in Australia. Compulsory Third Party insurance (CTP) is a requirement for registering a car. While the penalty for driving an uninsured or unregistered car varies from state to state, you can expect a significant fine wherever you are. 

In New South Wales, for example, the penalty will typically come out to nearly $700 but can be as much as $1,472 and four license demerit points for vehicles weighing more than 4.5 tonnes.

In addition to the personal risks, the high number of uninsured vehicles in Australia has real consequences for all motorists. According to a report from the Brotherhood of St. Laurence (BSL) insured motorists in Australia are paying an extra $1.3 billion a year, averaging out to around $45 per person, to cover for uninsured motorists in an accident. 

It’s also worth noting that just because you have insurance does not mean you’re necessarily covered for all potential damages. While CTP insurance will cover personal injury payouts that may arise, you still could find yourself on the hook for the cost of repairs to your vehicle, other vehicles or property. To get coverage for vehicle and property damage, you’ll need to pay into a separate Third Party Property insurance or a comprehensive car insurance policy.

Seeking legal reprieve

If you suffer personal injury as a result of a car crash, seeking legal advice can help increase your chances of adequate compensation. An expert personal injury solicitor can help you counter a claim made against you if you feel you are being charged too much or are not fully at fault for an accident. A lawyer can also help you obtain a proper payout if the other person involved is uninsured and unable to or refusing to pay the damages they are responsible for.

Gerard Malouf & Partners do not assist with claims on behalf of at fault drivers, regardless of their insurance status. 

GMP Law is one of the largest private, highly specialised and focused law firms in the area of personal injury Australia-wide. For free over-the-phone advice or to take advantage of our free face-to-face consultation call our expert legal team today on 1800 004 878. For your convenience, you can fill out an online enquiry form as well.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers
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Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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