What to Do If You’re in a Car Accident in NSW and the Other Driver Has No Insurance
One day you’re in a car accident. The other driver caused it. You’re injured. You’re not working. Bills are mounting. Then you find out the other driver has no insurance. Now what?
That thought is terrifying. Medical bills. Lost income. Who pays? How do you get help?
If you’re in NSW, you’re not out of options. Even when the at fault driver is uninsured or unregistered, there are safety nets and legal pathways you can use to protect yourself. This blog explains exactly what you can do, what your rights are, and how our team at Shaw & Bunner can stand by you so you don’t have to carry financial fear on top of recovery.
Why “No Insurance” Doesn’t Always Mean “No Compensation”
In NSW, if the at fault driver’s vehicle is uninsured or unregistered, you may still have a valid claim. The law provides a backup through a special scheme called the Nominal Defendant.
The Nominal Defendant effectively steps in like an insurer, they can handle compensation for treatment, rehabilitation, lost income, and even lump sum compensation for permanent impairment, just as a standard insurer would.
Even if you are partly at fault or the other driver can’t be found (hit and run, uninsured, unregistered, unidentified), there may still be pathways to claim.
What You Should Do Immediately After the Accident
Exchange details: Name, address, registration plate, contact info. In NSW it’s a legal obligation. Do not leave the scene without exchanging details.
Get photos and evidence: Take photos of the crash scene, vehicle damage, skid marks, road signs, time, location. If there are witnesses, get their contact info.
Report to police, if required: If someone is injured or if the at fault driver doesn’t give their details or flees, report the accident as soon as possible.
Find out if the vehicle was insured/registered: And if not, start thinking about the Nominal Defendant pathway.
Seek legal advice early: Dealing with uninsured drivers or unregistered vehicles can get complicated. An experienced lawyer helps you navigate the process, especially if you face serious injuries or loss of income.
What You Can Claim: Injuries, Costs, Lost Income & More
If you’re injured and the other driver is uninsured (or unregistered), you may still be eligible for:
Medical treatment & rehabilitation expenses: Hospital bills, doctor visits, physiotherapy, necessary care. Under the usual scheme (for insured drivers) this is handled through the CTP/green slip, but the same kinds of injury benefits can apply via the Nominal Defendant when the other driver has no insurance.
Lost income / income support: If you can’t work due to injuries, you may receive payments for loss of earnings, based on your pre-injury income.
Lump sum compensation for serious or permanent injuries: If your injuries are severe (permanent impairment, disability), you may qualify for lump sum compensation, even when the at-fault driver was uninsured.
Other possible support: Rehabilitation care, attendant care (help at home), and other related support if required by your injuries.
Even if your car is damaged or written off, although the thing you own is covered under property-damage insurance or personal car insurance (if you have it), your injury claim is separate and remains valid under the injury compensation scheme, (see our previous blog here).
Why Going It Alone Is Risky: And How We’ve Helped Others
Case Study “John”: Coal Miner Hit by Uninsured Driver
John was a 45 year old labourer. Tragically, on his way to a worksite, he was hit by another vehicle. The driver fled the scene and the car was unregistered. John was badly injured. Fractured leg, head trauma, time off work, mounting medical bills.
We helped John by:
Investigating the crash, collecting evidence, obtaining police reports and witness statements
Lodging a compensation claim with the Nominal Defendant for treatment costs, weekly income support, and long term impairment benefits
Negotiating so John did not need to fight with insurers or uninsured parties, he could focus on healing
Outcome: John got timely medical treatment covered, had financial support during recovery, and secured lump sum impairment payment to help support himself and his family long term. What he lost in wages and medical costs was covered.
Case Study “Megan”: Family With No Car Insurance, Hit by Uninsured Driver
Megan and her family did not have comprehensive insurance at the time (only third party property cover). Another uninsured driver crashed into them. Her spouse was injured and their car was written off.
We guided them through:
Making a claim with the Nominal Defendant for injuries to the spouse;
Obtaining compensation for medical treatment and future rehabilitation;
Advising on property damage via their limited car insurance and possible small recovery from other driver, while managing expectations realistically
Outcome: The family avoided financial ruin, got support for medical and rehab costs, and regained some stability while their car situation was sorted.
Key Takeaways
Even if the other driver has no insurance or is unregistered, you may still have a strong right to compensation through the Nominal Defendant.
Injuries, medical bills, lost income, long-term impairment, these don’t vanish just because the other driver is uninsured.
What you do immediately after the crash matters: collect evidence, report to police if needed, get details, document injuries and losses.
Going it alone can be risky. Legal guidance can make the difference between getting fair compensation or getting stuck in debt and stress.
For workers and families in coal mining or other challenging jobs, having help navigating the claims system offers clarity, security, and peace of mind.
Next Steps
If you or your loved one have been in a car accident in NSW and the other driver was uninsured or unregistered, don’t wait. Let us help you explore all legal pathways, protect your rights, and get you the compensation you deserve so you can focus on recovery and rebuilding.
Frequently Asked Questions (FAQs)
-
If the at fault vehicle was unregistered or uninsured, you can often claim compensation via the Nominal Defendant for your injuries, treatment costs, lost income, and potentially lump-sum compensation for serious harm.
-
Yes, as long as you were not fully to blame, you may still claim compensation. The amount may be reduced proportionately (contributory negligence).
-
You should report the accident, collect evidence (photos, details, police report), and contact a lawyer as soon as possible. There are time limits for lodging compensation claims under NSW’s accident compensation rules.
-
You may get medical and rehabilitation costs covered, weekly payments if you miss work, lump sum payments for permanent impairment, and support for care or assistance if needed.
-
If you don’t know who the other driver is or they flee the scene, the Nominal Defendant may still handle your compensation claim, particularly for personal injury, not property damage. Your claim will depend on evidence and timely reporting.
Written by the
Shaw & Bunner Legal Team
At Shaw & Bunner Legal, we’re highly experienced personal injury lawyers proudly serving clients across regional NSW. With over a decade working in national firms and deep personal ties to the coal mining industry, we’re uniquely positioned to help injured workers—especially miners—navigate complex claims with confidence.
Since our start in 2018, we’ve committed to providing clear, compassionate, and solution-focused legal advice that delivers real results. When you read our content, you’re getting insights from a team that truly understands what you’re going through—because we’ve lived it, worked in it, and helped hundreds of people through it.
Disclaimer: This article is general information only and cannot be regarded as legal advice as it does not take into account your personal circumstances. For tailored advice, please call us on (02) 4046 1805 or email us at admin@shawbunner.com.au.