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Not at Fault and No Insurance

Being involved in a car accident is traumatic and stressful enough. But if you have no insurance, it can feel overwhelming. What can you do if you’re not at fault? How do you claim compensation?

What are my rights?

If you don’t have comprehensive car insurance, you won’t be covered for property damage to your own vehicle. However, if the other driver is at fault for the motor vehicle accident, you have the right to claim compensation. As a rule, the driver who does not take reasonable care is determined to be at fault. Occasionally this can mean both drivers.

If the other driver is at fault, you can make a claim from them for the costs of property damage and repairing your vehicle. You can start by sending them a letter of demand along with estimates of repair costs from a licensed repairer.

What details do I need following an accident?

In the immediate aftermath of an accident, it may be difficult to think clearly or to remember what to do in an accident (we recommend saving this free downloadable checklist). However, if at all possible you should grab these details from the other driver for your claim: their name and address, the name of their insurer, their registration number, car make and details, plus the contact details of any witnesses. It is also very useful to take photographs of the damage caused to both vehicles.

What if the driver who is at fault refuses to pay?

If the driver at fault refuses to pay, you may have to initiate legal action against them. Shine Lawyers can help with your car accident compensation claim.

Alternately, if the damage is under $5000 (or you’re prepared to accept this figure), you can make a claim with the Financial Ombudsman Service against the other driver’s insurance company. This is free, and you can start your claim by visiting the website or calling 1800 367 287.

Can I claim on the at fault driver's insurance?

Not possible. You can only claim against the driver themselves. If the driver is insured, they can choose to make a claim with their insurer to cover your compensation. You can’t force them to make a claim with their insurer. But if they refuse to, they may have to pay you with their own money if your claim is successful.

What if I was driving a hire car?

If you were in a not at fault hire car accident, you may still have to pay an excess. Most hire car companies hold you liable for any damage to the vehicle while it was in your care whether you were at fault or not. Make sure you read and understand the hire car company’s guidelines.

If the car rental company holds you financially liable, make inquiries with your own insurance company (including travel insurance if you are on holidays at the time) to see if you have any cover for damage to rental vehicles.

Compulsory Third Party Insurance (CTP)

Compulsory Third Party (CTP) insurance is something all vehicles in Australia are required to be covered by. It provides cover for any persons injured or killed when your vehicle is involved in an accident.

In most states, CTP is included in your registration fees. In NSW, QLD and the ACT, you can choose your insurer.

What is not covered by CTP Insurance?

CTP insurance will not cover damage to your vehicle or to anybody else’s vehicle or property. Drivers in Australia should also pay for comprehensive insurance to cover themselves in case of property damage.

Not sure if you have a claim? Contact us today.

Involved in an accident but unsure if you have a claim? Don't leave it too late to reach out to our expert team today to find out more. Be quick! Time limits apply.

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Obligation-free initial consultation to assess your case confidentially

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Claim assessment process where we will explain all of the options available to you

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We can come to you - if you can't make it into the office we're more than happy to come to you

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No Win No Fee arrangement

Common Questions

Where you are located isn't necessarily a barrier when it comes to obtaining the services of a lawyer. We're experts when it comes to motor vehicle-related claims and we can help you get the compensation you deserve.

It doesn't matter if you are located close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

Our compensation experts are in the following locations:

Shine Lawyers are expert motor vehicle lawyers that can help you get the compensation you need following your injury on the road. Click on the link below for more information about how Shine Lawyers can help you today.

Why you should choose Shine Lawyers to handle your motor vehicle accident claim

Hear from some of our clients

History of Shine Lawyers

The Shine Lawyers team

Shine Lawyers also have accredited specialists in personal injury law across the nation.

Shine Lawyers are one of the biggest motor vehicle injury litigation firms in Australia and have the experience and nous to go up against the big insurance companies and get you the result you are looking for.

At Shine Lawyers you will have your own go-to team, who are always available to chat and who understand that explaining things in plain English to you is important.

We provide all of our motor vehicle legal services on a No Win No Fee basis, which means you won't have to pay our legal costs unless we win your claim at the end.

Hear from some of our clients who have been through the legal process with us.

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