Not at fault and no insurance
Being in a car accident is traumatic and stressful. But when it’s an uninsured car accident, it can feel overwhelming. If you’ve been injured in a not at fault car accident without insurance in Australia, understanding the different insurance scenarios can help you to know what steps to take. Learn more about your entitlements in an uninsured car accident.
Car accident insurance for personal injury and property damage
If you’re not at fault and injured in a car accident, or your vehicle is damaged, it’s important to know how you can access compensation.
Compulsory third party personal injury insurance
Compulsory third party (CTP) insurance is compulsory in Australia and is connected to a vehicle's registration. It protects drivers from financial impact if their vehicle is involved in a road accident which causes injury to others. Other people in the accident could include passengers, pedestrians, cyclists, motorcyclists and truck drivers.
Known as CTP insurance in most states and territories, it’s called Green Slip in New South Wales and Transport Accident Charge in Victoria, CTP insurance doesn’t cover property damage.
Comprehensive insurance
Comprehensive insurance covers damage to your own vehicle in a road accident and other people’s property,
Not at fault car accident without insurance Australia
There are different car accident no insurance scenarios. What’s common to each here is that you’re the not-at-fault driver. It's important in each scenario to:
Call 000 if anyone has been injured
Get the car registration and contact details of the other person involved
Record as much information as you can about the accident, including contact details of any eyewitnesses and taking photographs of the site
Whatever details you can record are helpful. If you’re too injured or overwhelmed to collect details, this is something your car accident lawyer can help you with.
Let’s look at different car accident without insurance scenarios where the common factors are that you (or your):
Have been in a car accident
Are not at fault as the driver
Are injured
Vehicle is damaged
Car accident without comprehensive insurance
In this scenario:
One or both drivers has CTP insurance
Neither driver has comprehensive car insurance
Your claim for compensation for personal injuries would be against the at-fault driver’s CTP insurer. Your claim for the cost of repairing damage to your vehicle would be against the driver personally since neither driver has comprehensive insurance.
Car accident with at fault driver with comprehensive insurance
In this scenario:
Both drivers have CTP insurance
The other driver has comprehensive insurance but you don’t
Your claim would be against the at-fault driver for compensation for your personal injuries (against the CTP insurer) and to repair damage to your vehicle (against their comprehensive insurer).
Car accident where the other driver is not registered
In this scenario:
The other driver does not have CTP insurance
You have comprehensive insurance
As CTP insurance is mandatory in Australia, it would be unusual for this scenario to occur. You could claim for personal injury compensation from the Nominal Defendant but strict timelines apply and to your own comprehensive insurer for repair of your own vehicle. It’s important to notify your insurers as soon as possible following the accident, with as much detail about the accident as you can give them.
When you can’t identify the at-fault driver
If you’re injured and can’t identify the at-fault driver in an accident, you could make a compensation claim against the nominal defendant in your state or territory. You could also claim against the nominal defendant if a vehicle doesn’t have CTP insurance. Before you can claim against the nominal defendant, you must prove you’ve done everything you can to identify the at-fault driver. Your car accident lawyer could help in this scenario. Find the nominal defendant in your state or territory here:
Tasmania (called the Nominal Insurer)
Northern Territory (called the Nominal Insurer)
When you could be financially liable in an uninsured car accident
As a final scenario, you could be financially liable for a car accident if:
You or the other person is injured
You are uninsured
You were the at-fault driver in the accident
The costs you could be liable for include:
The injury costs for yourself and the other person
The property damage repair costs for yourself and the other person
Check if you have a claim with our simple, free online tool.
What we will ask:
Details about the accident and injuries that have happened to you or your loved one
Basic personal information that is relevant and necessary for your claim
What happens next:
Either book a no-obligation appointment with a motor vehicle accident legal expert right away or,
Speak with our team about your options
How Shine can help
We have helped thousands of Australians right wrong and access more than $1 billion in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation, so you can understand your rights and know where you stand.
*Conditions apply
We are ready to take action to get you quick access to the help and compensation you need to right wrong.
FAQs
Are there motor vehicle & pedestrian accident lawyers near me?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you or your loved one has been injured on the road or as a pedestrian and you'd like to speak to our motor vehicle accident team in person, you can see our full list of locations here.
If you can't find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your road accident claim with the same level of quality and commitment.
Can I represent myself, or do I need a motor vehicle accident lawyer?
If you have car accident injuries, a lawyer can help you with the claims process, as well as if your claim ends up in court (against the insurer’s lawyers). A lawyer can help you:
Understand your legal rights and entitlements
Make sure you don’t miss an important step in the claims process
Move your case forward to seek compensation for your injuries
How is a driver classified as being at-fault in a car accident?
A driver is classified as being at-fault in a car accident if their negligence caused the accident. All drivers have a duty to take reasonable care while driving. The duty is owed to all other road users. A driver may be negligent if, for example, they:
Don’t keep a safe distance behind the car in front
Drive while over the legal alcohol limit
Speed
Fail to obey road signs or stop at a traffic light
Do I need a car accident lawyer after a motor vehicle accident?
We recommend seeking legal advice from a lawyer if you’ve been involved in a car accident, particularly if:
You’ve been injured in a car accident
There’s an argument about who’s at fault in the accident (more than one driver could be at fault)
An insurer for another driver has been in contact with you
There’s a dispute with an insurer
Do you have a claim?
We’re here to make the claims process as simple and stress-free as possible.
