I Have No Insurance And Am Not At Fault - What Are My Rights?

Car accident with no insurance

Generally, if you do not hold comprehensive car insurance, you will not be covered for property damage to your own vehicle. However, if another driver is ‘at fault’ for the accident, you have the right to claim your costs of towing and repairing your vehicle, from the negligent driver.

You can make a claim for property damage against the ‘at fault’ driver, even if they do not have insurance.

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What if the ‘at fault’ driver refuses to pay for my repairs?

If the ‘at fault’ driver refuses to pay for your repairs, or is unwilling to negotiate, you  may have to send them a letter of demand or institute legal proceedings to recover the money they owe you for your repairs.

Alternatively, if the repairs you are claiming are below $5,000, and the ‘at fault’ driver is insured you can lodge a third party uninsured dispute with the Financial Ombudsman Service (FOS) against the ‘at fault’ driver’s insurance company.

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

No. Only the ‘at fault’ driver can claim on their own motor vehicle insurance policy. All you can do is claim against the ‘at fault’ driver themselves. If the ‘at fault’ driver is insured, they can choose to make a claim with their insurer to cover the costs of compensating you for your repairs. If this occurs, the insurer will stand in the ‘at fault’ driver’s shoes so you will essentially be claiming directly against the insurer.

You cannot force the ‘at fault’ driver to make a claim with their insurer if they don’t want to, however they will have to pay you out of their pocket if you are successful.

What are my rights to claim against the ‘at fault’ driver for personal injuries?

If you are injured in a motor vehicle accident, you can claim compensation for your personal injuries from the CTP Insurer of the driver that caused the accident. For more information see: Injured in a Car Accident - What are my rights

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Last update on:
May 29, 2018
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 266 801 or chat via live chat to arrange free initial advice with our Principal lawyer, Greg Smith.


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