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Find out more about what you’ll need to do if you don’t have insurance and get in a car accident, whether you’re at fault or not, with Savvy.
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Savvy Editorial TeamFact checked
Car accidents can be stressful and overwhelming, but the situation can become even more complicated if you find yourself involved in an incident without car insurance. Accidents happen unexpectedly, and being uninsured can leave you vulnerable to financial liabilities and legal consequences. Understanding the implications of driving without insurance is crucial to protect yourself and others on the road.
At Savvy, we understand the importance of being informed about what happens if you have an accident without car insurance. You can learn more about what happens and what to do if you find yourself in an accident without appropriate cover, whether you’re at fault or not, in our comprehensive guide.
If you get into an accident without car insurance in Australia, you’ll be personally liable for any damage caused during the accident if you’re deemed to be at fault. In this case, you would be legally compelled to have to pay for repairs and other associated expenses for any other vehicles involved (in addition to your own) out of pocket.
These costs could be significant, as they may involve not only the repair of the other driver’s vehicle but also other costs such as towing fees from the scene of the accident and covering the cost of a rental car while their vehicle is being repaired.
However, if you’re in an accident and don’t have insurance, it’s worth determining with the other driver who is at fault. If you settle on the fact that both parties are partially at fault, you may be able to come to an agreement with the other driver to each cover your own costs or pay for half of each other’s costs (if liability is 50/50).
Having adequate car insurance coverage in this situation would mean that you’d only be required to pay an excess to cover all the damage to the other vehicle (provided the accident qualifies for coverage with your insurer).
If you're involved in a car accident in Australia where you aren’t at fault but don't have car insurance, there are several steps you should take:
It's important to note that while not having car insurance can complicate the situation, you still have rights and options to pursue compensation for damages if you aren’t at fault. Seeking legal advice can provide valuable guidance and support throughout the process.
Provided the accident qualifies for coverage, you can be covered by your comprehensive car insurance policy if another driver is deemed to be at fault for an accident but doesn’t have insurance. In this situation, you typically wouldn’t be required to pay an excess if you’re able to make a claim and provide your insurer with the other driver’s details, as they’ll pursue the at-fault party for payment.
If you have a third party insurance policy, such as third party property damage (TPPD) or third party fire and theft (TPFT), your insurance won’t cover damage to your vehicle in an accident. However, if the other driver is at fault, they’re still liable to pay for the repair or replacement of your vehicle. You’ll need to negotiate with them yourself and, if they refuse to pay, may be required to seek legal advice as to whether to pursue the matter in court.
No – it isn’t legal to drive without any car insurance in Australia. All registered vehicles in Australia are required by law to have compulsory third party (CTP) insurance, also known as a Green Slip in New South Wales, which can cover personal injury claims arising from accidents.
It isn’t a legal requirement, but is highly recommended by industry experts, to also have comprehensive or third party car insurance, which can cover damages to your vehicle and potential liability for damages to other vehicles or property (depending on the type of policy you take out).
Having appropriate insurance coverage on the road can bring you much greater peace of mind that you can be covered in the event of an accident, regardless of whether you’re at fault or not.
If you don't have insurance and the other driver’s car is written off in an accident, you’ll be personally responsible for the costs of repairing or replacing their vehicle, which is often a significant financial burden. With a car insurance policy in place, you may only be required to pay an excess to cover a write-off (depending on the circumstances of the accident).
If you're involved in a car accident without insurance, there are some legal aid services which offer free advice in Australia. Consulting with a lawyer experienced in motor vehicle accidents can help you navigate the legal complexities and provide guidance on how to protect your interests.
Any accident may affect the cost of your premiums in the future, whether you’re at fault or not, as insurance providers consider your driving history and claims record when determining premiums. Because of this, it's important to disclose any prior accidents or claims when applying for a new policy, as non-disclosure could lead to policy cancellation or denied claims in the future.
Fault determination in a car accident is based on various factors, including witness statements, police reports, photographs and evidence from the scene. Some of the reasons why someone may be deemed to be at fault include the following:
If both drivers involved in an accident don't have car insurance, you’ll have to agree on who’s liable for the accident and how much they’re required to pay. Neither party will be able to be represented by an insurance company, so if fault or compensation is unable to be agreed upon, the matter may be escalated to court by you or the other driver.
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© Copyright 2024 Quantum Savvy Pty Ltd T/as Savvy. All Rights Reserved.
© Copyright 2024 Quantum Savvy Pty Ltd T/as Savvy. All Rights Reserved.
Quantum Savvy Pty Ltd (ABN 78 660 493 194) trades as Savvy and operates as an Authorised Credit Representative 541339 of Australian Credit Licence 414426 (AFAS Group Pty Ltd, ABN 12 134 138 686). We are one of Australia’s leading financial comparison sites and have been helping Australians make savvy decisions when it comes to their money for over a decade.
We’re partnered with lenders, insurers and other financial institutions who compensate us for business initiated through our website. We earn a commission each time a customer chooses or buys a product advertised on our site, which you can find out more about here, as well as in our credit guide for asset finance. It’s also crucial to read the terms and conditions, Product Disclosure Statement (PDS) or credit guide of our partners before signing up for your chosen product. However, the compensation we receive doesn’t impact the content written and published on our website, as our writing team exercises full editorial independence.
For more information about us and how we conduct our business, you can read our privacy policy and terms of use.
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