Car Accident? No Insurance? Not At Fault?

Being involved in a not at fault car accident is stressful enough without the sinking realisation that you have been in a car accident with no insurance policy to cover the cost of repairs and an accident loan car. But are you aware that if you’re the not at fault driver in a car accident, you’re entitled to recover the damages that result from the other driver or at fault party’s negligence?

Depending on the severity of the accident and the damage caused, you may be left without a way to get around while your vehicle is in for repairs, whether you have an insurance policy or not. But the good news is that you have rights under Australian law—and Right2Drive is here to make sure that motorists understand and can enforce these rights after a not at fault accident.

What to do if you’re involved in a not at fault car accident without insurance

Collect all the details from the other person

According to the Australian Financial Complaints Authority, the first thing you should do after an accident is collect details from the other driver. To make a claim, note the name, licence plate number, other driver’s insurance details, and witness statements.

Get a repair quote quickly

Before you approach the insurance company, analyse the severity of the accident and understand your liabilities to make a claim for the damaged vehicle. Sudden collisions can severely impact the engine. Consult a professional for the correct car costs so that you can file an insurance claim immediately. 

Check the repairs to make sure you’re happy

Once you have determined the repair costs, hire a car mechanic for the necessary repairs. Carefully check the parts and verify if the repairs meet your expectations. Next, test the parts to ensure no problem persists. Finally, ask for the old parts and compare the bill with the estimate.  

Think about getting full car insurance

When you have your own car, a full-coverage car insurance policy is essentially an investment. It includes comprehensive coverage that combines third-party liability, own damage coverage, personal accident cover, extensive protection and add-on covers. So, get legal advice to upgrade your car insurance policy.

Am I eligible for an accident loan car if the accident wasn’t my fault and I don’t have any insurance?

If you find yourself in a not at fault car accident without insurance, you may still be eligible for an accident replacement vehicle for the duration of your repairs or in the event of a total loss, you can keep the accident loan car until you receive the settlement on your damaged vehicle.

But if I don’t have car insurance, who pays for the cost of the accident replacement vehicle?

When you’ve been in a not at fault accident and are an uninsured driver, you may be wondering how the cost of the vehicle will be recovered or how to make a claim. As Australia’s leading accident loan car provider, we uphold your right to drive by getting you back on the road quickly in a relatively similar vehicle and recovering the cost through the at fault party or other driver’s insurance.

So, even though I don’t have insurance, I shouldn’t have to pay for the accident loan car?

Under our agreement with you as the not at fault driver, you won’t be liable for the rental costs even with no insurance as long as you are not at fault, assist us in recovering the repair costs from the at fault party or their insurer, and otherwise act in accordance with the terms and conditions of our agreement.

Is there anything that I will need to pay for?

You are responsible for vehicle use costs such as:

• Fuel

• Tolls (and their related administrative fees)

• Traffic or parking infringements (and their related administrative fees).

You will need to pay for these additional items as you would in your own car – the at fault insurer will not cover the cost of them.

In some circumstances, you may also be required to pay costs related to:

• Vehicle cleaning for a vehicle returned in poor condition.

• Unacceptable wear & tear.

• Excess or damage if you damage our vehicle and do not abide by the terms and conditions of our agreement.

Get back on the road quickly with Right2Drive

If you’ve been involved in a not at fault motor vehicle accident—whether you have your own car insurance or not—we may be able to assist you with an accident replacement vehicle while your own car is off the road. Apply now to find out if we can help you hire a car while you get legal advice and manage other things.

FAQs

What details should I take when I’m involved in a not at fault accident without insurance?

When you are involved in a motor vehicle accident with no fault of your own, 

• Collect details from the other driver, such as his name, address, phone number, vehicle licence, and witness details.

• Document the accident by taking photos, notes, and gathering evidence.

• Inform the insurance company and get legal advice on your insurance policy.

How is a driver deemed at fault for an accident?

The other driver will be at fault if s/he does not follow road rules. If there is enough evidence to show their actions directly contributed to the collision, or there have been traffic law violations, such as speeding or running a red light, the other driver will be charged guilty. 

If the at fault driver pays anyway, why do I need insurance?

If you are an uninsured driver, you are at greater risk of sustaining damages. Even if you make a valid claim and the other driver agrees to pay for the damages, your personal coverage will exceed the regular damages and cover medical expenses, lost wages, and property damage. Get legal advice about making claims from the other driver or at fault party.

What type of car insurance should I take out?

Before you hire a car for personal use, get legal advice to understand your insurance needs. There is third-party car insurance and comprehensive car insurance. Get legal advice to compare the plans, add-ons, claim process, and fine print.