In Western Australia, if the other party involved in a motor vehicle accident is uninsured or underinsured, there are specific provisions in place to assist:
Insurance Commission of Western Australia (ICWA): The ICWA acts as a default insurer in cases where the at-fault party is uninsured. If you’re injured in an accident caused by an uninsured driver, you can lodge a claim with the ICWA. They will assess and handle your claim as they would with any other motor vehicle injury claim.
Own Insurance Coverage: If you have comprehensive car insurance, your policy might cover the damages to your vehicle, even when the at-fault party is uninsured. Check your policy details or contact your insurer for clarification.
Suing the Uninsured Driver: You have the option to sue the uninsured driver for damages. However, this can be a complex process and there’s a risk that the uninsured driver may not have the financial means to pay the compensation.
Underinsured Motorist Coverage: If you have underinsured motorist coverage as part of your insurance policy, it can provide additional coverage when the at-fault driver’s insurance is insufficient to cover all damages.
Legal Assistance: Consulting with a personal injury lawyer can be beneficial. They can advise you on the best course of action, assist with claims against the ICWA, and help in dealing with your own insurance company.
Reporting: Always report the accident to the police and your insurance company. A police report is important, especially when dealing with uninsured or underinsured motorists.
In situations involving uninsured or underinsured drivers, the process can be more complicated. It’s important to seek appropriate advice and support to navigate these challenges effectively. The ICWA provides a crucial safety net in these cases, ensuring that individuals have a means to seek compensation for injuries sustained in motor vehicle accidents, regardless of the insurance status of the at-fault party.