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How to handle not at fault motor vehicle claims when you're not insured

April 14, 2019
Resource Centre
How to handle not at fault motor vehicle claims when you're not insured
Motor vehicle claims
Motor vehicle
minute read

Claim compensation for vehicle repairs when you're not at fault

Being in an accident is stressful, to say the least—especially if you were not at fault. Now you have to deal with the lengthy process of potential injuries, time off work, and getting your vehicle repaired. Plus, you might be concerned about who is going to foot the bill for repairs.

If you do not have insurance on your vehicle and were not at fault in your accident, then rest assured—the responsibility to pay for repairs falls upon the at-fault driver. In fact, it is your legal right to claim the cost of repairs to your vehicle from the driver who caused the accident.

In some cases, seeking financial compensation for the cost of repairs is a straightforward matter. The other driver agrees to pay for repairs from their own pocket, or lodges a claim with their insurance company and your car is fixed promptly. But sometimes things can get complicated for all manner of reasons, and if this is the case, AANDI Lawyers can step to help you get what you're entitled to.

Need assistance with sorting out repairs after an accident? Call AANDI Lawyers today on [phone] or get in touch online.

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What information do I need after I have been in an accident?

It's likely you're reading this after having been in an accident, so hopefully you already have this information. Immediately after an accident, it is important to get the name, address, phone number, insurance provider, and registration details from the other driver. You should also get photographs of the accident and any damage caused to both vehicles. If possible, witness contact details are helpful as well.

Who pays for the damage to my vehicle?

The driver who was at fault in the accident is liable for the damage. But you cannot make a claim against the at-fault driver's insurance; they have to either make a claim against their own comprehensive or third party insurance, or pay for the repairs to your car themselves. In some cases the other driver will try to avoid making payment to you—in this case, legal representation can be hugely helpful.

What happens if the person who caused the accident refuses to pay for the damage?

If the at-fault driver is refusing the pay then there is a process you can follow to begin proceedings against them.

We will talk to you about the accident to let you know what your position is and what you can recover from the at-fault driver. We can help you with:

  • Reviewing the damage to your vehicle and contacting repairers
  • Instructing a repairer to prepare a quote for the repairs required to return your vehicle to its pre-accident state
  • Getting the quote reviewed by an independent vehicle assessor
  • Approaching the at-fault party to admit liability
  • Commencing the repairs and providing you with a hire car if necessary
  • Commencing recovery action against the offending driver
  • Launching legal action if the insurer of the at-fault driver disputes the repair work

We have a great deal of experience working with drivers who have been involved in accidents without insurance. Rest assured that in every instance we will do all the work on your behalf, and we will ensure a quick resolution so you can move on with your life as soon as possible.

What is the fee for working with AANDI Lawyers?

We understand the difficulty that is involved with being in an accident. And when it is not your fault, we don't think you should be financially liable for the legal costs. That is why we operate on a no win, no fee basis. We will assess your case and let you know whether you have a potential claim for compensation from the at-fault driver so you know exactly where you stand. Any costs that we do recover from this amount are calculated based on the Court Scale Costs of Victoria.

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