What to Do If the Other Driver Is Uninsured

The Challenge of Uninsured Drivers

Unfortunately, not everyone on the road has insurance. If the at-fault driver doesn't have cover, recovery can be more difficult – but you still have options.

First Steps

Confirm their insurance status – sometimes people say they're uninsured when they actually have cover

Get all their details – name, address, phone, registration

Document the accident thoroughly – evidence is even more important here

Report to police if required

Your Options

Option 1: Use Your Own Insurance

If you have comprehensive cover:

• Your insurer will cover your repairs (minus excess)
• They may pursue the uninsured driver for recovery
• Your no-claim bonus may be affected initially (often restored if they recover costs)

This is usually the simplest path if you're insured.

Option 2: Direct Claim Against the Driver

You can pursue the uninsured driver directly:

• Write to them requesting payment for your damages
• Obtain repair quotes as evidence
• If they refuse, you may need to take legal action

Challenges:

• They may ignore your requests
• Legal action can be costly and time-consuming
• Even if you win, they may not have the means to pay

Option 3: VCAT (Victorian Civil and Administrative Tribunal)

For disputes up to $10,000, you can apply to VCAT:

• Relatively low-cost process
• No lawyers required (though you can have one)
• Enforceable decisions

For larger amounts, the Magistrates' Court or County Court may be required.

What About Replacement Vehicle Costs?

If the other driver is uninsured:

• Credit hire recovery is unlikely to succeed
• Your own insurance may provide rental cover
• You may need to fund your own rental and attempt recovery
• Consider the cost-benefit of pursuing the claim

Prevention Tips

• Always exchange insurance details (not just registration)
• Take photos of their licence and registration
• Get their phone number so you can follow up

When We Can (and Can't) Help

We may be able to assist if:

• You have evidence the other driver was at fault
• You want us to attempt communication with the other party
• You need guidance on your options

Our service has limited value when:

• There's no insurer to pursue
• The at-fault driver has no means to pay
• You need to take legal action

In uninsured driver situations, we recommend:

Contacting your own insurer first

Seeking independent advice if amounts are significant

Being realistic about recovery prospects

Important Note

We don't provide legal advice. If you're considering legal action against an uninsured driver, consult a lawyer or community legal centre.

Contact us if you're unsure about your options.