What to do in At Fault Car Accident Without Insurance Nsw

Introduction

Getting into a car accident is always a stressful experience, even if the circumstances are not your own fault. But imagine being in the unfortunate situation of being at fault for a car accident and not having insurance coverage in New South Wales. This unfortunate circumstance can make the whole process even more daunting. The good news is that there are options available. It is important to understand the legal obligations and what to do in such a situation.

Compulsory Third Party (CTP) Insurance

In New South Wales, all drivers are required to have a form of third-party insurance known as Compulsory Third Party (CTP) insurance. This type of insurance covers any damage to other people or their property caused by the driver of a motor vehicle. It does not cover damage to the car or any personal injury to the driver. If you are at fault for a car accident and you do not have CTP insurance, then you are liable for any damage caused to the other motorist or their property.

Uninsured Motorists Fund

The good news is that the New South Wales government has set up an Uninsured Motorists Fund to help those who are at fault for a car accident without insurance. The fund is designed to provide compensation to those who have been injured by an uninsured driver, or to the dependents of someone killed in a car accident caused by an uninsured driver. The fund also covers any damage caused to the other party’s property.

How to Claim From the Uninsured Motorists Fund

In order to make a claim from the Uninsured Motorists Fund, you must first lodge a claim with the CTP insurer of the person at fault for the car accident. If the CTP insurer denies the claim, you can then lodge a claim with the Uninsured Motorists Fund. It is important to note that you must lodge the claim with the Fund within six months from the date of the accident. You will also need to provide evidence to support your claim, such as witness statements, police reports, medical reports and repair estimates.

Liable For the Accident and No Insurance

If you are at fault for a car accident but do not have insurance, you may be liable for any damages caused to the other party and their property. If the damage is severe, the other party may sue you for damages. This could result in a court case, where you may be ordered to pay damages to the other party. If you are unable to pay, the court may issue a warrant for your arrest.

Conclusion

Being at fault for a car accident without insurance in New South Wales is a serious situation. The Uninsured Motorists Fund is available to help those who are at fault for a car accident and do not have insurance coverage. However, it is important to remember that you must lodge a claim with the Fund within six months from the date of the accident. In addition, you may still be liable for any damages caused to the other party, and the court may issue a warrant for your arrest if you are unable to pay. Therefore, it is important to ensure that you are always adequately insured to avoid such a situation.