Getting into a motor accident is always a logistical nightmare, but it can be even more complicated if you’re dealing with an uninsured driver. While Australia requires drivers to have compulsory third-party insurance when they register their vehicles, it’s not uncommon for drivers to operate unregistered vehicles. Whether they’re trying to skirt registration fees or avoid insuring their vehicle, you must know how to handle an accident with an uninsured driver.
Despite the likely frustration, there are steps you can take to protect yourself legally and financially.
Step 1: Ensure Safety and Report the Accident
The first step is ensuring everyone is safe and unharmed after the accident. Check everyone for injuries and if necessary, call emergency services. Take the information of the other drivers involved in the accident, even if they are uninsured.
You should phone the police immediately if someone is injured, someone fled the scene, someone appears under the influence, or if there is an unlicensed driver or unregistered vehicle involved. Otherwise, you should report the accident to the police within 28 days to get a Police Event number, and failure to do so could result in motor vehicle accident claim denial.
Step 2: Contact Your Insurance Company
The next step is to get in touch with your insurance provider immediately.
As long as you have Comprehensive Car Insurance, your costs will be covered and that’s why it’s so important that you pay for this rather than the bare minimum Third-Party Insurance. As frustrating as an accident with an uninsured driver is, you can’t rely on others to do the right thing. Your insurance company may pursue the at-fault driver to recuperate their costs.
While you may not realise it, your policy may include coverage if you are in an accident with an uninsured motorist. If not, it’s worth considering Uninsured Motorist Coverage to help you with the costs of repairs and medical bills if you were injured in the accident.
Step 3: Assessing Potential Legal Action
Even if the insurance company seems helpful, you need to reach out to reputable motor accident lawyers who will help you navigate the claims process, especially if the uninsured driver was at fault. As straightforward as motor vehicle accident claims may seem, they come with complications, especially when there’s an uninsured driver involved.
If someone is injured or there is significant vehicular damage, you should reach out to motor vehicle lawyers to fight your case. Your insurance should provide motor vehicle accident compensation to cover your medical and repair costs, however, in some cases, it’s appropriate to pursue the driver personally for costs, depending on the severity of the damage and their assets. Regardless, experienced motor vehicle accident lawyers will be able to advise you on what path to take. It’s possible to take action through Compulsory Third-Party Insurance of the Motor Accident Injury Insurance Scheme. This is dependent on the state you live in, but your motor vehicle accident lawyers in Sydney can advise you.
Step 4: Exploring the State-Based Compensation Schemes
Uninsured drivers are handled differently in every state, but you may be able to seek state-based compensation. For example, New South Wales has Compulsory Third-Party Insurance and even if the at-fault driver is uninsured, you may be covered by CTP insurance regardless.
While it might not cover the extent of your costs, in some cases, the state-based scheme will cover medical expenses if you were injured, and possibly even cover your loss of income if you need to take time off work to recover from your injuries.
Step 5: Seek Legal Representation
By enlisting a motor accident lawyer in Sydney, your lawyer will take over. The lawyer will file a claim with the Motor Accident Authority and your claim will be referred to a recognised Green Slip insurer who will manage the claim on behalf of the State Insurance Regulator Service, even if you’re at fault.
The process can be complicated, regardless of who was at fault and legal representation ensures as smooth a process as possible. The legal professionals know the ins and outs of the insurance system and can easily navigate the process while you focus on healing. By hiring a specialist motor accident lawyer, you maximise your potential compensation and ensure you are treated fairly throughout the process.
A motor accident lawyer can help you pursue an insurance claim, pursue the uninsured driver personally, file personal injury claims, and address property damage.
Step 6: The Potential Challenge of Dealing with an Uninsured Driver
While pursuing the uninsured driver personally may be an option, if they are unable to pay or have their own financial limitations, you’re unlikely to receive the compensation you deserve. The entire experience is a stressful one, and trying to cope with the emotional fallout from an accident while also struggling with the financial side of things can be exhausting. Hiring a lawyer reduces those challenges by shifting the onus onto their shoulders. Your lawyer will fight for you so that you can focus on yourself.
If time is of the essence, your lawyer can advise you on alternative dispute resolution methods, whether you enter mediation with the uninsured driver or you enter into a negotiation with the insurance company to settle the claim quickly and efficiently.
Why Legal Advice is Essential
The key to handling an accident with an uninsured driver is action! Take action immediately to gather everyone’s contact details and note down as much information as possible. Always follow through with a police report so you have a Police Event number to provide the insurance company.
It’s so important to speak to a lawyer as soon as possible so they can advise you on what steps to take next, whether you need to take legal action, file with the state compensation scheme, or deal with your own insurance company. There are also special requirements that apply when lodging a claim against unregistered vehicles so legal advice is highly recommended.
As stressful and overwhelming as an accident with an uninsured driver can be, there are still many potential paths to secure compensation and protect your rights. AJB Stevens will fight for you and as experienced motor vehicle accident lawyers, we will ensure the process is as stress-free as possible.
