Car accidents can happen any day, any time, even if we take all precautions against such incidents. This is why you should ensure you are insured to avoid problems and legal issues.
Unfortunately, some people do not have car insurance. When they face a car crash in Perth, they don't know what to do, whether they can file a motor vehicle compensation claim or not, and what steps they should take to protect their rights.
You may wonder: someone hit my car whose insurance do I call?
Below, the legal experts at Bradley Bayly Legal outline what to do when you face a car crash when you're not insured in Perth and what to do when you're hit by an uninsured driver in Australia.
What to do if you're not at fault and are hit by an uninsured driver in Australia?
If you have been in a motor vehicle accident and you are not at fault, or you are only partially at fault, but you are not insured, you should still be able to claim for damage to your vehicle and any injuries you have suffered from the driver at fault.
If you have suffered an injury, you must lodge a claim with the Insurance Commission of Western Australia (“ICWA”).
It is very important to obtain details of other drivers who were involved or a witness to the accident.
The most important details you need to collect are:
Full names of all drivers and witnesses of the accident
Drivers licence numbers
Other driver’s insurance details
From there, you must lodge an online crash report and notify ICWA of your claim as soon as practicable.
What are the steps to submit a claim when you're not insured?
It is important to differentiate damage to your vehicle from injury to yourself.
Your injury claim will be processed through ICWA, and you need to be aware that the strict time limits apply for this type of claim.
You may wonder if you are uninsured – someone hit my car whose insurance do I call? Your property damage claim must be directed to the at-fault driver, or their insurer if you have obtained those details.
What can I claim if I don't have car insurance, and someone hit me?
If the ICWA accepts liability, they will cover interim payments for your medical expenses and treatment. You may also be entitled to lump sum compensation for your injuries and losses.
This compensation could include:
Pain and suffering
Loss of amenities
Loss of enjoyment of life
Future treatment and expenses
Past, present, and future loss of income or earning capacity
Loss of Superannuation
Care services and domestic assistance
What to do when hit by an uninsured driver in Australia?
If you are hit by an uninsured driver, you should still be able to make a compensation claim for your injuries. As set out earlier you need to obtain all relevant details at the scene, lodge an online crash report with ICWA and WA Police, and notify ICWA of your claim as soon as practicable.
As to your car damage, if the at-fault driver is not insured this may make it more difficult to recover your losses.
Hire our motor vehicle lawyers in Perth
If you were involved in a car crash in Perth and you're not insured or had an accident with an uninsured driver, reach out to our experienced motor vehicle lawyers at Bradley Bayly Legal.