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

  • Gerard Malouf

Have you 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 compensation for medical bills and other damages following an accident.

Here we’ll look at a breakdown of what to do depending on whether you or the other party are uninsured.

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What to do if you or the other party is without insurance following a car accident

It largely comes down to who is at fault.

If you’re without insurance and not responsible for the accident, you can seek compensation from the at-fault driver’s insurance to cover the damages. If the other driver is liable and without insurance, then they’ll likely be required to pay out-of-pocket or seek legal representation.

In the same way, if you’re at fault and don’t have insurance, then you will likely be responsible for paying the damages and any medical expenses yourself.

What to do following a motor vehicle accident

Regardless of your insurance status, there are some crucial steps you should take following a motor vehicle accident:

  • Call 000 for emergency services if anyone involved in the accident is injured.
  • Find out if the other party has insurance and collect their insurance information if they do.
  • Write down as much information you can about the driver, their car and any damage to either vehicle.
  • Make a note of the speed at which you were driving.
  • Diagram the scene of the accident, detailing any traffic lights or signs.
  • Photograph as many details as possible, including the other driver’s license and any visible injuries sustained.

 

Ultimately, the more details you can collect, the better the case you can make for yourself.

What if you’re injured and can’t gather information?

If you’re unable to gather information at the scene of an accident because of injuries, don’t worry. A motor vehicle lawyer can assist you obtaining this information retroactively.

Avoid fault admission

In the immediate aftermath of an accident, it’s important to stay calm. Do not admit fault or blame the other driver, even if you discover they are uninsured. Our memories of accidents can be imperfect, and what you think happened may not be entirely accurate. Admitting fault could jeopardise your ability to recover damages.

Do you want to learn more about filing a compensation claim?

Call us for confidential, free advice.

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An incident where you're uninsured but not at fault

If you are driving without insurance, but the accident wasn’t your fault, you may still have options for recovering compensation for your injuries.

Do you have CTP insurance?

All registered vehicles in Australia carry Compulsory Third Party (CTP) insurance. CTP covers medical expenses and lost wages related to your injuries, regardless of fault. Check your registration documents to confirm your CTP coverage status.


If you don’t have CTP or it doesn’t cover all your damage, you still have options. You and your car accident lawyer can pursue a claim against the at-fault driver’s insurance company.

Because you lack insurance support to determine fault, collecting strong evidence is essential. This includes filing a police report, exchanging information with the other drive and any witnesses, and documenting the scene.

As with most personal injury cases, if you were injured in an accident you didn’t cause, you may be entitled to compensation for:

  • 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

Being injured in an accident caused by an uninsured driver can be frustrating. But, there are still options for recovering compensation 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 to both 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 fulfil your duty of disclosure clause within your insurance policy.

Insurers can help:

  • Provide guidance: Your insurer can advise you on whether to handle the accident privately (if the damages are minor) or file a formal claim.
  • Assist with paperwork: They can help you file necessary paperwork and navigate the claims process.
  • Liaise on your behalf: Your insurer can communicate with the at-fault party on your behalf.

What if neither party has insurance?

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.

Book an appointment with our expert team of injury compensation solicitors.

Call 1800 004 878

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.

GMP Law does 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.

Frequently asked questions

The earlier you can file your claim, the better.

States differ slightly in their rules regarding the timeframe for filing an insurance claim after an accident.

  • NSW: You have three years from the accident date to file a claim.
  • Queensland: The limitation period for filing a claim is three years from the accident date.
  • Victoria: In Victoria, you have one year to lodge a claim from the accident date.

There are exceptions to these rules. We recommend speaking directly with a local personal injury lawyer who will be able to guide you according to your specific circumstances.

This means they are liable for damages and must provide coverage, either personally or through their insurance.

There may be exceptions, however. For example, if you were parked in a no-parking zone, or your car was parked in such a way that it violated traffic laws, you may be considered partially at fault.

Partial fault, or contributory negligence, will likely reduce the amount of compensation you’re entitled to.

Each state differs slightly in how they classify ‘minor’ accidents. Some use the term ‘minor injuries,’ others use the term ‘threshold injury’, and others don’t use any specific term but provide their own eligibility criteria for compensation.

In general, minor injuries are less severe, usually involving no long-term disability or significant treatment. Examples include soft tissue injuries and minor psychological disturbances, with a full recovery expected.

Major injuries are more severe and have substantial, long-term effects on an individual’s life. This category includes serious head or spinal injuries, significant psychological disorders, and injuries that lead to permanent impairment or chronic conditions.

If you have minor injuries, you may be entitled to less compensation than if you had major injuries. In any case, consider speaking through your medical notes with a personal injury lawyer who can advise you on what you may be entitled to.

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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.
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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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