I Hit Someone’s Car, They’re Not Insured – Can I Claim?

I hit someone without insurance, what happens next? If you’re at fault in a car accident (you caused it) and the other driver isn’t insured? What is your legal liability – should you be making an at fault car accident insurance claim in Australia? Let’s begin by saying the magic words are “third party property damage”… we’ll delve into this further below.

In this article, PD Insurance answers what to do if you’re faced with this situation. It may feel like a complicated predicament to be in but that’s why we’re going to break it down and make things easier. Having car insurance is about having a soft landing and that’s what we aim to do!

I hit someone without insurance

Remember that legally everyone in Australia has to have Compulsory Third Party insurance (CTP), which provide financial protection if you harm someone while driving. It comes with your vehicle registration (in all states besides NSW – where you have to buy it separately) and it’s illegal to drive without it. However, if someone has let their vehicle registration expire (and thus their CPT), it means they’re not covered.

However, CPT covers only injuries and not property. So if neither of you have insurance beyond CPT, or only you do, what happens? Importantly, if we’re talking about a situation where you’re the person at fault in the car accident and the other driver doesn’t have car insurance – the big question is – do you?

Depending what your answer is, there are two possible outcomes. Let’s dig in deeper:

Yes, I have car insurance

If you have third party, third party fire and theft or comprehensive car insurance, it will cover the other party’s damages. That means if you’re at fault in a car accident, your car insurance will cover the costs to either fix or replace the other person’s car with you contributing in the form of an excess. If you’re the person saying “I hit someone who is without insurance” but you’ve got your own policy, you’ll have fewer worries.

Neither me or the other driver have car insurance

If you also aren’t covered by insurance, you could be in a scary financial pickle because you’ll be legally liable for the costs of your and their car damage. Find out more with our guide to driving without insurance.

What to do immediately after I hit someone who doesn’t have car insurance?

At the scene of an accident, the first point of call is getting help if anyone is injured by dialling 000. Be aware that in the moment, it’s not always clear what exactly happened or who caused the accident. Try to stay calm and avoid getting into a disagreement. Both you and the other driver might experience daze or shock, and injuries such as sprains may not be immediately evident.

So even if you’re thinking “I hit someone” and you discover they’re driving without insurance – don’t assume blame. Rather, make a record of all the important details that you’ll need for a car insurance claim. Importantly, these details are needed in an at fault car accident insurance claim in Australia – no matter who is at fault.

Steps to take at the accident scene

Here’s what you should make a record of:

• The other diver’s name, contact number and drivers licence (also take photos of their licence and ID because photos can’t have typos or inaccuracies).
• Licence plate of the other car (also take a photo)
• Take photos of the scene of the accident. Include shots with both cars to show their positioning and close ups of the actual damage.
• Make a note of where the accident happened, along with the date and time
• Get contact details of willing witnesses who can give testimony if needed

These are just the basics, so be sure to read our guide on what to do after a car accident.

Making an at fault car accident insurance claim in Australia

If you’re the person saying “I hit someone without insurance (they don’t have car insurance, but I do)” then you made a great choice getting insured. Although you might not feel great about being responsible for the accident itself, having put the right safeguards in place in the event this could happen is hugely responsible.

And accidents do happen – even to good drivers. That’s why they’re called accidents. Making an at fault car accident insurance claim in Australia needn’t be tough. At PD Insurance, we make it our mission to help claims be as simple and easy to complete as possible.

Steps for at fault car accident insurance claim in Australia

Steps include but aren’t limited to:

• Make your claim online via your portal (with PD you can make a claim 24/7)
• Next a claims officer will get in touch to help guide you through the process

When you’re making an at fault car accident insurance claim in Australia, the information you gathered scene of the car accident can simplify the process. Your claims officer will provide guidance on the necessary requirements.

For a more comprehensive understanding of what you’ll need to do, read our guide to making a comprehensive car insurance claim.

What is legal liability in car insurance?

What is legal liability in car insurance? Simply put, legal liability is what you’re found to be legally responsible for. If your car insurance provider finds you’re liable for the accident that means you are responsible for covering the costs of the other person’s car repairs or replacement.

“I hit someone who is without car insurance – making me legally liable for the damage to their car.”

If your policy includes third-party property damage, which all PD policies do, your plan will cover the repairs or replacement of your car based on your level of car insurance coverage. Learn more about different types of car insurance.

What is third party property damage?

Third-party property damage covers the costs of repairing or replacing the other person’s property when you’re at fault. This includes their car and other types of property such as fences, walls, buildings etc. This type of cover is hugely valuable and covers up to $20,000,000 in legal liability.

You’ll likely need to pay a car insurance excess payment toward an at fault car accident insurance claim in Australia. Find out more about high excess and low excess and choosing the right one. Then mosey on to learning more of the benefits of third party car insurance.

Before you say “I hit someone without insurance”

If you’ve hit someone and you don’t have car insurance, we’re sorry and we wish we could have been there to help. Hopefully, though you’re reading this in advance and you still have time to get cover…. and we’re here to help!

Find out about choosing the level of cover for your budget and your driving lifestyle from any of our three award winning car insurance plans. Click below to get a quote today.