Not at fault and not insured: claiming from the other driver's insurer

CTP doesn't cover car damage

Compulsory third party (CTP) insurance covers injuries, not damage to cars. A claim for your car goes to the at-fault driver's car insurer, if they have property damage cover.

Claiming from the other driver's insurer

Contact the at-fault driver's insurer with the accident details. If they accept the claim and assess your car as written off, they usually offer what it was worth just before the accident: its market value.

You can check that offer the same way as an insured driver would: what was valued, the kilometres, accessories, and cars for sale in your state.

If you disagree with the offer

You can send evidence and use the insurer's complaints process. AFCA can consider some complaints from people claiming against another driver's insurer, so check AFCA's website for what it can consider.

If the other driver isn't insured

You may need to recover the cost from the driver directly. Community legal centres and your state's legal aid service can explain the options in your state, often for free.

Can I use DisputeX if I'm not insured?

Yes, if the other driver's insurer has assessed your car as written off and made you an offer. Choose "Not insured" when you start.

Does CTP pay for my car?

No. CTP covers injuries, not vehicle damage. A claim for your car goes to the at-fault driver's car insurer.