Hit by an uninsured driver

First, confirm it

Drivers sometimes say they are uninsured when they are simply confused about their cover, or hoping to avoid a claim affecting their premium. Get the registration number and their details regardless, and let your insurer check.

Note that every registered vehicle in Australia carries compulsory third party cover for personal injury. Uninsured, in this context, almost always means no cover for vehicle damage — not no cover at all.

Your options

• Comprehensive policy: claim normally. Your insurer repairs your vehicle and pursues recovery. You may need to pay an excess and wait for reimbursement.
• Third party property policy: check for an uninsured motorist extension. Many such policies cover a limited amount for damage caused by an identified uninsured driver — the limit and conditions vary considerably.
• No cover of your own: you would need to pursue the other driver directly for your repair costs, which is slower and depends on their capacity to pay.

Recovering from the driver directly

1. Get a written repair quote, ideally two.
2. Write to the driver setting out the accident, the amount and a reasonable time to respond. Keep a copy.
3. Offer a payment plan — a realistic instalment arrangement recovers more than an unaffordable demand.
4. If they do not engage, seek advice about the small claims process in your state or territory.
5. Free advice may be available from Legal Aid or a community legal centre.