NSW Compensation Guide | Injury Claims, Liability Compensation, WorkCover, Motor Accident Claims

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No Insurance Car Accident

Steps To Take For Car Accident Compensation With No Insurance In Australia

We’ve put together a comprehensive guide which will help you through these stressful times if you don’t have the suitable insurance.

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If you have been involved in a car accident, no matter the severity, the aftermath can be stressful and complicated in regards to claiming compensation and dealing with insurance companies. Even when your insurance is not in order, which does not mean that you can’t claim compensation after a car accident.

What Insurance Am I Required To Have As A NSW Driver?

In NSW there is the Compulsory Third Party insurance scheme, more commonly referred to is CTP insurance. This scheme required all NSW car owners to have third party insurance before they can legally drive on NSW roads. The cost of this is automatically attached to the vehicle’s insurance and exists to cover injuries which occur after an accident with another car.

If you have been in a road accident, you are eligible to claim car accident compensation against the insurance company of the other driver if they caused the accident to occur. All parties that are involved in the accident can fill out an accident notification claim and send it to their third party insurance company within 28 days of the road accident. An accident notification claim can entitle you to up to $5,000 for injury compensation for a 6 month period after the road accident. If you believe that your expenses will be over $5,000, you can lodge a personal injury claim which can cover you for more money and for a longer period of recovery time.

What Is Not Included In Third Party Insurance?

Compulsory Third Party Insurance does not include the cost of damages that affected your or anyone else’s vehicle or property. Any property damage needs to be paid by the driver at fault which caused the accident. If, after negotiations the parties don’t come to a compensation agreement, legal action may be required to reach a settlement.

Just because third party insurance is the only compulsory insurance for NSW drivers, we advise that you as a driver pay for comprehensive insurance which covers property damage in case of an accident and makes compensation claims smoother and less stressful.

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What If Another Driver Was Responsible For The Road Accident?

After the accident you are responsible with accurately estimating the compensation amount you will require, then send the negligent party a letter which informs them of the cost of damages. When you send this letter of demand, be sure to give a specific time period of which the party is required to reply with negotiations before you seek legal advice.

The responsible party may offer you a settlement payment, in either many small payments or one lump sum payment. If the responsible driver refuses to pay compensation or cannot afford to, you may want to consider taking legal action in order to receive your due payment. Most lawyers work on a no win no fee basis in these cases. Call (02) 9011 7929 and we can help you get in contact with an experienced lawyer.

What If You Were Responsible For The Road Accident?

If your negligence caused a road accident and you have no insurance, you could be personally responsible in paying compensation to the injured party. Factors that put you at fault for the accident include:

  • Speeding
  • Driving while intoxicated
  • Disobeying road signs and rules

If the other person involved in the road accident has insurance, their provider will expect you to pay for the damages. If the other person doesn’t have insurance, they themselves will personally attempt to get you to pay for their damages.

The party who is claiming compensation will send you a letter of demand which will specify the amount that they require for damages or request you to make an offer of compensation. Don’t delay your reply whatsoever. Reply to the letter immediately and work towards finding a middle ground to settle on in regards to payment. If you can’t afford to pay a lump sum, you can request a payment plan. If they request it, prove to them that you do not have insurance and explain your financial position so they understand the amount that is realistic for you to pay. If they demand more, seek immediate legal advice as they will most likely take legal action against you.

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Contact A No Win No Fee Lawyer

Contact on of our expert solicitors today and get a free consultation. Our lawyers work on a no win no fee basis so if we don't win your case, you don't pay. Find out more about injury claims and whether you are eligible by calling (02) 9011 7929. Find a lawyer