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Not At Fault Accident Without Insurance

Not At Fault Accident Without insurance – Rights and Options

Uninsured car accident not at fault? What happens in a car accident without insurance may not be as bad as you think. If you are involved in a not at fault accident without insurance, it’s often the case that you will still entitled to car accident injury compensation for the injuries you can get from a car crash.  For the damage to your car during the crash, the damage is generally covered under your car insurance policy if you hold insurance. But, if you are not at fault, and don’t hold a comprehensive car insurance, you still be able to claim damages from the “at fault” driver for costs of towing and repairing.

In a typical car accident, it is common to result in personal injuries and vehicle damage. However, please be aware that car accident injury claims, and car accident property damage claims are two separate claims. They are mostly handled by different courts. If you are seeking legal advice for car accident no insurance claims for your injuries, please be sure to consult a car accident injury lawyer for your car accident injury compensation. If you are seeking damage payout under your insurance policy, please consult a car accident property damage lawyer for your damage claim.

One common mistake in minor car accidents is that people are focus solely on damage claim and overlook their rights and entitlements for their injury claim because the symptoms are either mild or delayed. By the time the long-term effect of a seemly minor accident start to catch up with them, it can be too late to make a claim.

If you are involved in a not at fault car accident, regardless if you are insured or not, please be aware of all your rights for insurance claim and injured claim.

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Not at fault car accident insurance claim

 Car accident property damage

If you are not at fault, and hold valid comprehensive car insurance, you may claim against your insurer for car accident property damage.

If you are not at fault but uninsured, you may try to claim the damage from the at fault driver. In general, you can’t make a car accident damage claim against the at fault driver’s insurer directly, because the insurance company is not the wrong doer. Neither can you force the at fault driver to make an insurance claim. In practice, providing details to the at fault driver’s insurer, may result in your damage being paid.

If the at fault driver refuses to pay or negotiate for the car repair and other damage, your options maybe:

  • Commence legal proceeding against the at fault driver
  • Serve the at fault driver with a letter of demand, here is template demand letter for car accident

In Western Australia, the Magistrates Court handles claims for up to $75,000. In other claims, different threshold may apply. It is strongly recommended that you seek legal advice before commencing legal proceedings for your insurance claim.

 TPD insurance & Trauma Insurance

If your car accident caused you total and permanent disability or critical illnesses, you may entitle to insurance payout under your TPD or trauma cover. The policy coverage vary depending on the insurer, it’s worth checking to find out more about your policy before making a claim.

Car accident injury compensation claim

If you are injured in a car accident, and you are not at fault and uninsured, don’t stress about your injury compensation claim. It’s mostly likely that you may be entitled to personal injury compensation. This is because your personal injury compensation is covered by the at fault driver’s compulsory third party car insurance (CTP insurance).

Under that compulsory third party car insurance scheme, all vehicle owners are required to pay CTP insurance as part of the annual license renewal fee. CTP insurance covers injury compensation payments required by the not-at-fault driver or passenger as a result of the vehicle accident.

The insurer for CTP insurance is often a government body, and it vary by State. In Western Australia, Insurance Commission of WA (ICWA) is the insurer for CTP insurance. This means, when you claim for car accident injury compensation in WA, you are claiming against ICWA. Please check out this article on motor vehicle injury CTP claim for more detail.

Just like car accident insurance claims, determination of fault my take time, and sometimes both drivers may jointly have contributory negligence in road traffic accidents. The good news is that you may even entitled to a car accident injury payout even if you have contributory negligence.

Unlike car accident insurance claim which is mostly handled by Magistrates Court. In WA, most of the car accident injury claims are handled by District Court of Western Australia which has no upper limit regarding damages in deciding motor vehicle accident injury claims in WA.

Please be aware that most of the car accident injuries are neither serious injury or catastrophic. Car crash injury claims for minor injuries are common. In our view the most common car crash injury compensation claims involve: whiplash after car accident, cervical sprain from car accident, sore back after car accident, soft tissue injury from car accident, shoulder injury from car accident, sore neck from car accident, knee injury from rear end collision, tooth damage from car accident, etc. It is most important not to ignore minor car crash symptoms and delayed symptoms. Ignoring these symptoms can result in getting your compensation amount reduced.

Catastrophic personal injury

If you are catastrophically injured in a car accident and unable to establish negligence, regardless if you have insurance or not, you may quality for the Catastrophic Injuries Support (CIS) scheme. In WA, the catastrophic injuries support scheme provides treatment, care, and support for catastrophically injured person over their lifetime.

Essential Things for car accident injury claim

Made a car accident injury claim? Follow the following essential steps to best position your car crash claim for a higher compensation payout.

  • Report the accident to the police
  • See a GP as soon as practicable
  • Report all your car accident injuries symptoms
  • Attend your GP, treating doctor, surgeon and rehab provider regularly
  • Keep receipts for all your accident injury related expenses
  • Get yourself a good car accident injury lawyer

Report the accident to the police

By reporting the accident to the police, you are essentially recording the event and the facts you reported will help the ICWA investigate negligence.

See a GP as soon as practicable

By going to a GP as soon as practicable, you are eliminating the potential allegation that your injuries are not accident related.

Report all your car accident injuries symptoms

It is very important that you report all your injuries at soon as possible. Whiplash after car accident is most common and can vary in intensity, this includes both immediate whiplash injury, and delayed whiplash.

While most people are familiar and aware of whiplash injury, there other injuries are often hidden and need to be watched out for. This may include: Herniated Discs, Traumatic Brain Injuries, Knee Injuries, Shoulder Injuries, and Psychological Injuries – e.g, PTSD after car accident and an adjustment disorder.

Attend your GP, treating doctor, surgeon and rehab provider regularly

If you don’t attend your medical requirements, there may be allegation that you have made a full recovery and thus, no allowance for medical expenses should be awarded to you, which will result in a significant reduction of the amount of your car accident injury compensation.

Keep receipts for all your accident injury related expenses

If your motor injury claim is accepted by ICWA, the reasonable and necessary accident injury related expenses may be claimed from ICWA. However, you need to produce receipts in order to claim the expenses back.

Watch out for secondary injuries

The immediate onset car accident injuries are easily to identify. However, over time, this initial injury may trigger secondary injuries will result in further pain and suffering. It is important that you watch out for secondary injuries, report them, and seek treatment for it. Psychologies injuries is one of the common secondary injuries. An example of a secondary injury would be that a person with an injury to one leg may experience pain in the other leg due to overuse.

Get yourself a good car accident injury lawyer

Having a good car accident injury lawyer on your side will make a big difference to your car accident injury compensation claim. Many people concerned about personal injury lawyer fees and try to carry out the claim by themselves, and only found that you are exhausted, stressed, and confused. The fact is, not all good car accident injury lawyers are expensive. And, many of them offers No Win No Fee service.  Furthermore, if your lawyer gets you a settlement, you will find that ICWA usually contributes towards your legal costs, as a result, your out-of-pocket legal fees is often low.

If you are involved in a not at fault accident without insurance, don’t stress. There ways you can be compensated for your losses. If your accident happened in WA and you are injured, contact Foyle Legal for your no obligation consultation. We help you to protect your interests!

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

Christian Foyle was extremely helpful and helped me to get the best result in my workers compensation claim. Foyle Legal helped me at a WorkCover WA conciliation conference and I would have had a hard time doing it myself.read more
Chris Stevens
Chris Stevens
2019-05-13T02:50:16+0000
Foyle legal is by far the best legal service I have ever come across they went above and beyond for me. I had an extremely complicated case and they were there by my side the whole way. I had the best outcome with EXTREMELY fair prices!! Look no further then foyle legal. A++++++read more
Chloe Teresa
Chloe Teresa
2019-04-13T02:54:17+0000
I found Foyle Legal to be very professional and they met what I expected. I would be happy to recommend them to anyone I know who needs a personal injury lawyer. The workers compensation process was not what I expected and they helped a lot.read more
Teresa Culpin
Teresa Culpin
2019-03-19T06:04:59+0000
I came to see Foyle Legal because I was not sure how much my workers compensation claim was worth. They helped me to negotiate a settlement of my claim and I think I am sure the best possible outcome. These guys are worth contacting if you have any queries. Iread more
Brian Heberley
Brian Heberley
2019-01-14T03:32:30+0000
My injury has been going on for 2 years and I didn’t know what to do. When I first went there, they spent the time to help me, instantly I was clear about what to do next. I have now received my compensation payout and I am happy with the outcome. I have referred them to my friends who have personal injury claims.read more
Jim Keo
Jim Keo
2018-10-31T15:35:41+0000
I was very happy as Foyle Legal got me almost double the amount I was expected for my foot amputation work injury.read more
Tim Martin
Tim Martin
2018-10-31T08:11:34+0000
Explained my workers compensation very well. Very experienced and knows what to do. I am happy with the good time frame. I appreciate your good job with your team thank you.read more
Deklinsman Nkemjika
Deklinsman Nkemjika
2018-10-10T09:16:57+0000
I did not know what to do with my stress related Workers compensation claim. Foyle Legal helped me to get reports from my GP and a psychiatrist. They provided me with as lot of help preparing statements. I am happy I had their representation as i was very stressed and i am happy with the way things turned out.read more
Liliana Andri
Liliana Andri
2018-09-26T04:16:01+0000
I underwent several years of being abused by passengers as a bus driver. Foyle legal helped mw to get the medical reports i needed in circumstances where my gp was slow in providing a report.read more
Karen Nevard
Karen Nevard
2018-08-30T06:49:54+0000
Just received my settlement check in time for Christmas. I couldn't thank Christian enough for his assistance with my injury claim. There lots of factors made my claim difficult but Christian and Foyle Legal team dealt with professionalism and understanding. I am happy with my settlement outcome, and would definitely use them again for my future injury claims.read more
Anthony Daniels
Anthony Daniels
2017-12-21T08:56:31+0000
I was injured at work and had a workers Compensation claim. Foyle Legal Were very helpful and always got back to me about my queries in a relatively short period of time which I think you would not get in a larger firm. They advised me about the settlement of my case and help me to get the most out of itread more
Vijay Sourinathan
Vijay Sourinathan
2017-12-20T02:53:28+0000
I had a bad work injury to my knee and needed surgery. The insurer refuse to pay for the cost of my surgery and I had to go through WorkCover WA for an acceptance of liability to pay for the surgery. Foyle legal helped me to get the medical evidence that I needed to take the matter towards a finalisation of my claim.read more
Roxann Campbell
Roxann Campbell
2017-11-14T08:27:49+0000
I went to another lawfirm before I went to Foyle legal. At the other lawfirm I was treated like a number, but it won't legal they help to pay for my medical expenses to get the most out of my work is compensation claim and I answered all of my questions.read more
Daniela Colantropo
Daniela Colantropo
2017-10-23T02:32:55+0000
Christian from Foyle Legal was very helpful given my lack of knowledge of the law in respect of workers compensation claims and I ended up with a better result than I ever expected.read more
Paul Beard
Paul Beard
2017-07-13T08:58:07+0000
Christian Foyle and Foyle Legal helped me a lot with my workers compensation claim and the doctors report they obtained was really helpful. If it was not for them i dont think I could have pushed my claim as hard.read more
Ajak Kuer Ajak
Ajak Kuer Ajak
2017-03-29T03:51:32+0000
I had a workers compensation claim which Foyle Legal helped me with. They helped me with the medical reports i needed and gave me emotional support and I am happy with the outcome.read more
Lucinda Hogan
Lucinda Hogan
2017-03-29T02:02:07+0000
Christian Foyle from Foyle Legal helped me out with my workers compensation claim a lot. He was very professional, polite and courteous and very approachable. I am happy with the way Foyle Legal handled my claim and I got a fair outcome. Christian is one of the nicest people in legal services I have ever met.read more
Theresa Southam
Theresa Southam
2017-02-23T03:03:41+0000
The service I received from Foyle Legal was second to none. Christian was well informed and quick to reply. Very happy how the case progressed and with the settlement I received. I would highly recommend Foyle Legal.read more
Brendan Arthur
Brendan Arthur
2016-12-20T00:56:43+0000
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