Other driver at fault has no insurance—my car’s a write-off, what now?

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DurzaBacon8

New Member
Hey everyone! Wow, long time lurker, but this is my first time posting!

So, yesterday was just crazy—I was in a car accident, and it totally wasn't my fault! The other driver actually admitted they were at fault. But now I found out something that’s just unreal: that driver has absolutely no insurance! And get this:?my car is completely totaled!

The tough part is, I only have basic coverage, which means it won’t cover the repairs or give me anything for my car’s value.

So, I’m really asking—what in the world do I do now? I’ve never, ever been in this kind of situation before!

Thanks so much for your help—I really appreciate it!
 
Insurance is insurance. And if it's covered, it doesn't matter how much it costs to fix they fix it, or if it's too much to fix, then they pay you out for the agreed value of the vehicle. You contact your insurance to make a claim, give them the other party's details, and they handle the rest. But if you have third party or fire & theft, then your car isn't covered for collision damage or vehicle expenses.
 
If you don't have insurance to cover these costs, you can always do the repairs yourself and then take legal action against the other party to try and get your money back in court. There’s a chance you might not get anything, and honestly, it could turn into a big hassle but next time, it’s probably a good idea to make sure you’ve got insurance.
 
Alright, so here's the deal with your third party insurance it won't help you out in this situation, unfortunately. If things were the other way around, your policy would cover the other person's car, no problem. But with just third party coverage, your own car is basically worth nothing if you're at fault in an accident and it needs repairs or gets written off.
 
You could get a small payout, maybe around $5k depending on your policy, but if that doesn't cover it, you'd likely need to talk to a solicitor to send a letter of demand. If they still don't pay up after that, taking them to court would be the next step.
 
Honestly, depending on how much your car is worth if it’s not a lot you might just be better off calling it a loss. You can check if the other driver is willing to pay something directly, but don’t get your hopes up too high.

When I was 18, the same thing happened to me my first car was worth about $2,000, and a drunk driver hit it and totaled it. He didn’t have insurance or money, and I only had third party coverage.

I looked into taking him to court, but it would’ve cost me $700 just to file, and even if I won, he’d probably only have to pay me back like $5 every two weeks.

So it really wasn’t worth the trouble. My advice: see if the other driver will pay up, but if not, it’s probably best to just take the hit and move forward.
 
You should contact them. Just ask what they can afford to pay. They might have nothing saved. Or maybe they have savings tucked away or even relatives who could help settle this.
 
I imagine you chose only the basic insurance because your car doesn't have high value, and perhaps you thought that if it were totaled, you could manage to replace it yourself so please do that.
 
First, I have to file a self‑reporting accident noti ce with the police it’s one of those things I wish I didn’t have to do, but it’s necessary.

Then I’ll need to figure out the repair cost can I even afford it? That question alone makes my stomach tighten.

After that, I should reach out to the other person involved. I’ll have to bring up the repair expenses and ask gently, honestly if they can pay it all now or at least something up front, with the rest in installments.

If they say yes and commit to paying within two days, that’s a relief one less thing to worry about.

If not, I’ll need to put together a statutory declaration for them to sign. It would include everything details of the accident like vehicles, rego numbers, where and when it happened, and an admission of fault. A repair quote from a trusted shop, stating it’s fair and that they agree to cover it. Then a payment plan, clear and simple weekly or fortnightly transfers to my account. And their signature, making it real.

If all goes well, most of the repair costs will be sorted.

But if they refuse to sign, or sign and then just stop paying… I guess I’ll have to consider filing a plaintiff’s default summons. The thought of going to court weighs on me.

I should also really think about their situation if they have no money or job, maybe it’s just not worth chasing. It hurts to admit, but sometimes letting go is the only practical choice.
 
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