Written by: Rita Furfaro Car accidents are stressful at the best of times. And if someone hits your car and you don’t have insurance, the situation can feel even more uncertain.
If you have no car insurance and someone hits you, it does not automatically prevent you from claiming compensation, particularly if the accident was not your fault or if you were injured.
In this March 2026 guide, we’ll walk you through the steps to take if you’ve been injured in a car accident without insurance. From understanding your legal rights to documenting the scene and seeking medical care, knowing what to do can help protect your ability to pursue fair compensation.
I have no car insurance, and someone hit me. What are my options?
If you have no car insurance and someone hits your vehicle, the outcome usually depends on two key factors: who was at fault and whether either driver has insurance.
Several different situations can occur after a car accident involving an uninsured driver. Understanding which situation applies is the first step in working out what options may be available to you.
Common situations include:
| Situation | What it means |
|---|---|
|
You have no insurance, but the other driver was at fault |
You may still claim vehicle repair costs and injury compensation |
| You have no insurance, and the other driver also has no insurance |
You may need to pursue the other driver personally through legal action |
| You were injured in the accident |
You may still be able to make a CTP injury claim, even if you do not have vehicle insurance |
| The driver who hit you cannot be identified |
In some cases, compensation may still be available through the Nominal Defendant scheme |
Can I still claim compensation if I don’t have car insurance?
Yes. In many cases, you may still be able to claim compensation even if you do not have car insurance.
This is because personal injury claims after a car accident are usually made through Compulsory Third Party (CTP) insurance, rather than through your own car insurance policy.
CTP insurance is attached to the vehicle registration of the at-fault driver. And it covers injury claims for people hurt in motor vehicle accidents, including drivers, passengers, motorbike riders, cyclists, and pedestrians.
That means if you were injured in the accident, you may still be able to claim compensation for things such as:
- Medical expenses
- Rehabilitation and treatment costs
- Loss of income
- Pain and suffering
- Future care or support needs.
Each claim depends on the specific circumstances of the accident and the severity of the injuries involved.
Key takeaway
Not having car insurance does not automatically prevent you from claiming compensation after a car accident. Injury claims are usually made through the at-fault driver’s CTP insurance. In New South Wales, this is handled through the NSW Green Slip system, while in Victoria, claims are made through the Transport Accident Commission (TAC).
The difference between vehicle damage and injury claims
Vehicle damage and personal injury claims are handled differently after a car accident.
Vehicle damage is usually dealt with directly through car insurance policies. If your car is damaged, you can often contact the insurer yourself to arrange repairs or compensation.
Personal injury claims, on the other hand, are typically handled through the CTP insurance attached to the at-fault vehicle. This system exists to compensate people injured in motor vehicle accidents, even if they do not have their own car insurance.
While you can often manage vehicle damage claims on your own, personal injury claims can be more complex. Hiring a lawyer can be helpful if your injuries are serious, if the at-fault driver’s insurer disputes liability, or if you are unsure how to properly document your injuries and losses.
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What to do if someone hits your car and you have no insurance
If you are involved in a car accident without insurance, the steps you take immediately after a minor car accident can make a significant difference. And acting quickly helps protect both your health and any potential claim.
Step-by-step, here’s what to do after an accident:
- Seek medical attention as soon as possible
- Call emergency services if anyone is injured
- Exchange names, contact details, and registration information with the other driver
- Take photos of the vehicles, damage, and the surrounding area
- Record witness names and contact details if possible
- Report the accident to the police if required
- Keep records of medical treatment and expenses
- Seek legal advice about whether you may have a claim.
These steps help create a clear record of what happened and may assist you later if you pursue compensation.
I’ve been in a car accident with no insurance, and not at fault. What happens next?
If you are involved in a car accident with an uninsured driver and you are not at fault, the other driver may still be legally responsible for the damage and any injuries caused.
This means you may be able to recover:
- Vehicle repair costs
- Medical expenses
- Loss of income
- Other compensation related to the accident.
And if the at-fault driver has insurance, their insurer may handle the claim for vehicle damage.
If you were injured in the accident, your injury claim may still be made through the CTP insurance attached to the at-fault vehicle.
Accident with an uninsured driver: What if neither driver has insurance?
If neither driver involved in the accident has insurance, recovering vehicle damage can be more complex.
In many cases, the person responsible for the accident may still be legally liable for the damage caused. This may involve negotiating payment directly with the other driver or, in some cases, pursuing legal action to recover repair costs.
However, if injuries were sustained in the accident, compensation may still be available through the Compulsory Third Party insurance scheme attached to the vehicle at fault.
And in situations where the responsible driver cannot be identified or does not have valid insurance, a claim may sometimes be pursued through the Nominal Defendant scheme.
What compensation may be available after a car accident?
If you were injured in the accident, compensation may be available to help with the financial and personal impact of the injury.
Depending on the circumstances of the accident and the injuries involved, compensation may cover:
- Medical and hospital expenses
- Rehabilitation and treatment costs
- Lost income
- Reduced future earning capacity
- Pain and suffering
- Future care and support.
The amount available will depend on factors such as the seriousness of the injuries, including brain injuries and spinal injuries. As well as the impact on your ability to work, and the evidence available to support the claim.
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What if the other driver leaves the scene?
Sometimes the driver responsible for the accident may leave the scene or cannot be identified. This situation is commonly referred to as a hit-and-run accident. If this happens, it is important to report the accident to the police and gather any available evidence about the incident.
In Australia, compensation may still be available depending on the circumstances of the accident. And in certain circumstances, through the Nominal Defendant scheme, which allows injured people to pursue compensation when the at-fault driver cannot be identified.
How contributory negligence may affect your claim
In some cases, both drivers may share some responsibility for the accident. This is known as contributory negligence.
If contributory negligence applies, the compensation available may be reduced to reflect the percentage of responsibility assigned to each party.
For example, if a person is found to be 20% responsible for the accident, their compensation may be reduced by that same percentage.
Because each accident is different, the impact of contributory negligence depends on the specific facts of the case. If you have been injured in a car accident and are unsure about your rights, seeking legal advice from a lawyer can help clarify the options available to you.
Lawyer Insight
Even if you do not have vehicle insurance, you may still be able to pursue compensation if you were injured in the accident or if the other driver was responsible.
