VIC Car Accident with No Car Insurance - What to Do?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Mans4

Member
10 November 2016
3
0
1
Hi,

My car was in a car accident today and it was not my fault. I don't have car insurance and my ca isr written off. The other party was not the actual owner of the car and he was positive on the drug test.

The actual owner don't want to make claims on his insurance because he needs to pay excess to cover my car and the car insurance doesn't pay them due to the positive drug results.

So what should I do right now?

Any idea please and I am living in Victoria as well.
 

Ponala

Well-Known Member
10 February 2015
212
21
654
You can send quotes to him, but if he refuses to pay you probably will need to engage a solicitor to send letters of demands, etc.

Good lesson for the future, get yourself insurance. It is affordable if you shop around.
 

Matthew Karakoulakis

Well-Known Member
27 October 2016
69
13
224
Hi,

My car was in a car accident today and it was not my fault. I don't have car insurance and my ca isr written off. The other party was not the actual owner of the car and he was positive on the drug test.

The actual owner don't want to make claims on his insurance because he needs to pay excess to cover my car and the car insurance doesn't pay them due to the positive drug results.

So what should I do right now?

Any idea please and I am living in Victoria as well.

Hi Mans4,

Car accidents without insurance are complicated and stressful situations. Despite not having insurance, you do have a number of avenues through which you can pursue the other driver for the loss you have incurred.

Please feel free to contact me via the link: Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly to arrange an appointment and discuss your practical and legal options. My CBD practice has vast experience in dealing with and resolving traffic matters.


Yours faithfully,
 
S

Sophea

Guest
It doesn't matter whether the other driver or vehicle owner wants to claim the loss on his policy or not, its his liability. An insurance company does not become liable for an accident - the person insured does and they have the option of using that insurance to pay for the debt. Your rights are against the person at fault for the accident whether or not they are insured and whether or not they want to claim on their insurance.

If you make a demand for the loss you have suffered and they refuse to pay it, then you will need to institute legal proceedings and sue them. This can be costly. This is where insurance is useful, because you can simply pay your excess and their lawyers will attend to recovering the loss from the other side.