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What to do: Not at fault with no insurance?

September 11, 2019
Resource Centre
What to do: Not at fault with no insurance?
Not at fault with no insurance
Motor vehicle
minute read

Find out how to claim and what your rights are

Been in a car accident that was not your fault, and you do not have insurance? Car accidents are hard enough without having to go through the hassle of chasing up the other party to pay for your repairs. When you are uninsured the prospect of going through this process can be daunting. You may also have questions about how your actions can impact on your rights. At AANDI Lawyers we can take care of this recovery process and give you peace of mind if you have been involved in a car accident that was not your fault.

At AANDI Lawyers we make not at fault insurance claims simple. All you need to do is arrange to get your vehicle repaired and we take care of the rest.

What type of details do I need from the other party?

details you need from the other party

Immediately following an accident you may not be thinking very clearly, but it is important to get the contact details and information of the other party. Get their phone number, their address details, their vehicle registration and a picture of their driver's licence. Take some photos of the cars as well as any tyre marks or other factors relating to the accident. If there is a dispute about who was at fault, try to get the details of some witnesses who can corroborate your version of events.

  • If the other driver leaves the scene try to note their registration number, then call the police to report what has happened
  • If anyone is injured in your accident you will need to call the police as well

Does the at-fault driver have to pay for my repairs?

When you are involved in an accident it can be quite a daunting experience, particularly if your car is damaged to the point of not being drivable. In this case you will need to get your vehicle towed and repaired. If you are not insured with comprehensive vehicle insurance then you will not be able to claim for property damage to your vehicle. If the other party is at fault, you can claim the cost of your repairs from them.

  • The first step in recovering the cost of repairs is to visit a mechanic and get a quote for the cost of repairs
  • Then you will need to send a letter of demand to the other party outlining how much they will need to pay
  • The other party's insurer may request that you get a couple of quotes to ensure you are putting forward a reasonable price
  • Making a claim for compensation is something that AANDI Lawyers can help you with
  • If the car is no longer roadworthy and considered a write off it would be best seek a quote from a cash for cars compnay in Melbourne.

Sometimes in a car accident both parties can be at fault, in which case you will only be able to claim the portion of the damage which was not caused by you. For example, if each party was equally at fault you can claim 50% of the cost of repairs. What this means is that if your car cost $2,000 to fix you can claim $1,000 from the other driver.

What if the driver who caused the accident won't pay?

In some cases the other party to the accident will be unwilling to pay for the costs of repairs to your vehicle. If this does happen it may be the case that you will need to commence legal action against them. This is where AANDI Lawyers can help you. We can commence proceedings and manage the entire process for you.

Alternatively, if the damage to your vehicle was less than $5,000 you do have the option of commencing a claim against the other driver's insurance provider. You can do this through the Australian Financial Complaints Authority.

Do I go through the other driver's insurance provider, or through the driver directly?

car accident without insurance

In most cases you will need to contact the at-fault driver directly. If they are insured, their insurance provider will likely contact you directly to get more information about the accident.

  • You do have the option of working with a lawyer so that you are not the one responsible for contact and negotiations.
  • Many of our clients come to us because they are too busy to manage the contact and claims process.
  • We take care of liaising with the other party's insurance provider and ensuring that payment is received promptly.

Contact AANDI Lawyers today

Being in an accident is stressful. Let us manage the process of following up with the other party and ensuring you get what you are owed. We are here to deliver peace of mind and to save you time and money in claiming compensation for the cost of repairs in a not at fault accident.

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