What to do if someone refuses to give insurance details
Sometimes it’s impossible to collect necessary details at the scene of a car accident. You may be injured or traumatised, or it may be a hit and run accident. Every little detail you can collect can help. If you can’t work through the checklist, the three most important pieces of information are:
The other car’s registration (the number plate)
The other car’s make and model. Even a description of the car is helpful if you’re not sure
A description of the driver (and any passengers)
This information can help the police and your insurer identify and locate the other driver and their insurance details.
Your lawyer may also help you to source available CCTV footage of the accident from nearby businesses or shops, as well as from the police and local transport authorities.
Is it a legal requirement to provide insurance details after an accident?
In short, yes, you should exchange relevant contact and insurance details after an accident on the road. Failure to exchange details after an accident is an offence in some states. If police weren’t called to the accident scene, you’ll generally need to make a police report within 24 hours if:
A person was killed or injured
The driver did not stop
A driver did not give their details or you suspect they gave you false details
A vehicle was towed from the accident scene
The owner of any damaged property was not present at the accident scene
Whether you’re directly involved in an accident or a witness, it’s important to stop at the scene (if it’s safe to do so). Not only is this a common courtesy, but you should also check that no one is seriously injured and requires medical treatment. If there’s an emergency or injured people, always call 000.
This information can help the police and your insurer identify and locate the other driver and their insurance details.
Types of car insurance cover in Australia
In Australia there are four types of car insurance:
Compulsory third party personal injury: this is a compulsory insurance in all states and territories, connected to your vehicle’s registration. It’s known as Compulsory Third Party (CTP) insurance in most states and territories. In New South Wales it’s called Green Slip and in Victoria it’s the Transport Accident Charge (TAC). It protects drivers from financial impact if their driving causes the injury or death of other road users. It does not cover property damage
Comprehensive: covers damage to your own vehicle and other people’s property, as well as theft and some other scenarios
Third Party Property: covers damage to other people’s property, but not damage to your own vehicle
Third Party Fire and Theft: this is Third Party Property insurance with additional features that cover your vehicle
Understanding the different types of insurance and ensuring you have the right cover for your circumstances will give you the best chance of protection.
Can I still claim for personal injury compensation if there's been a failure to exchange details after accident?
Yes, you can still make a claim for personal injury compensation, even after a hit and run accident. The other driver will most likely have CTP insurance, given it’s mandatory in Australia.
If the other driver was driving without a valid registration and CTP insurance cover their liability could extend to:
Yes, you can still make a claim. Given that it is illegal not to have CTP insurance, the instances of the other party not being insured should be relatively small.
How Shine can help
If you’ve been involved in a car accident or hit and run, seeking advice from an expert motor vehicle accident lawyer can help you access the compensation you’re entitled to.
Get in touch today for an obligation-free consultation regarding your legal rights, on a no win no fee basis* or check your eligibility for a motor vehicle accident claim here.
*Conditions apply
