• BMS LAW

Claiming against uninsured drivers in Perth

If you have been involved in a motor vehicle accident in Perth and all drivers involved in the motor vehicle accident have comprehensive motor vehicle insurance policies, things are a lot simpler and may not require lawyers being involved. This is due to each drivers’ insurance company doing most of the work for their insureds. Note: 'insured' is the person(s) insured by a motor vehicle insurance policy.


An insurance company normally assists their insured who was involved in a motor vehicle accident in Perth, by assessing any potential claim by their insured, by organising the repairs or replacement of their insured’s damaged motor vehicle, and by organising a replacement vehicle in the interim. If the insurance company decides that there is no fault established by their insured, there is usually nothing payable as “excess payment”. Note: each insurance policy is different and may include an excess payment depending on the terms and conditions of such policy, refer to your policy for more details.


Insurance companies will also generally deal with other Perth drivers’ claims involved in the accident. That is why at an accident scene, it is important to exchange contact and insurance details and obtain details of all drivers involved at the accident including witnesses to the accident. If all drivers are insured, their respective insurance companies will manage their insureds’ claims and minimal work is required by their insured.


The situation is complex when there is an uninsured driver involved in a motor vehicle accident in Perth. When this is the situation, it is advisable to seek legal advice to determine liability and any potential claims that may result.


Three example scenarios come to mind when there is an uninsured driver involved in a motor vehicle accident in Perth.

  • The first example is when an uninsured driver is involved in a motor vehicle accident and causes damage to another uninsured driver’s motor vehicle.

  • The second example is when an insured driver involved in a motor vehicle accident in Perth causes damage to an uninsured driver’s motor vehicle.

  • The third example is when an uninsured driver is involved in a motor vehicle accident with an insured driver and the uninsured driver is clearly the victim.

These simple example scenarios may be more confusing when there are 3 or more drivers or pedestrians involved in the accident. It is always best to discuss what has happened with a practising Australian legal practitioner in Perth before taking any action.


If you are involved in a motor vehicle accident in Perth and require a Perth lawyer to provide legal advice in regards to any potential claim(s) against an uninsured motor vehicle driver(s), or will be defending against a claim by an insured or his insurance company, please get in contact with us on (08) 6389 0270 or email Mr. Jay Mohan Singh at jay@bmslaw.com.au