My vehicle was rear ended which wasnt my fault. I am uninsured. Do I get a payout from the persons insurance?

Question

I live in Australia, got rear ended, made me hit the car in front as well

Answer 1

I'm not Australian, but I'm pretty sure you don't. Isn't driving while uninsured illegal over there?

Answer 2

If you were rear ended in Australia you should report it to the police because that is negligent driving and they are responsible for all costs yours and the person in front of you.

you may have to sue them if they are not insured and ask for costs don't let them get away with it

Answer 3

I don't know the laws in your country, but here in the US, at least in most places, if someone hits you in the rear it is their fault and they must pay for the damage(unless they can prove that you backed into them) regardless of whether your car has insurance on it. Your hitting the car in front of you may be considered your fault(failure to keep an assured clear distance), meaning that you are responsible for the front damage to your car as well as the rear damage to the car that you hit. When you say that you have no insurance, I hope that you mean on your car- not no insurance whatsoever. In most states here (if not all), having no insurance at all is cause for you to lose your license. I hope that this helps you, but I think that you may need to seek legal advisefrom a lawyer.

Answer 4

The insurance of the person who hit you will cover your medical and auto expenses (assuming they are insured).

Also note that you will be responsible for the expenses of the person in front of you.

Answer 5

if you get rear ended it is HIS FAULT SUE

Answer 6

In Illinois, the states, it would be your fault.  We mandate insurance, so if you get rear ended you still pay for your own car and the car that hit you.

It's like driving drunk.  You shouldn't have been on the road in the first place.

Answer 7

i work in insurance in australia.

yes, you don't need vehicle insurance in australia, just compulsory third party on your rego.

if you have been hit from behind which has shunted you into the person in front, the person at the rear is responsible for all damages - both yours and the persons in front.

if someone has hit you from behind - you usually wont' get 'a payout'.  what will normally happen is that the other persons insurance company will either organise OR pay a panel beater for your repair work.  

More often than not a cash settlement is the last resort an insurer will take as it's usually cheaper for the insurer to negotiate repair rates with a panel beater.  

you will need to get in contact with them to discuss your options.

Answer 8

For our American friends............you are all wrong.

In Australia every car has to have Third Party(INJURY) Insurance COVER which is paid for every time the registration is renewed. Otherwise the vehicle cannot be registered.

Additional insurance is an option. What our questioner is saying is that he did not have Third Party PROPERTY Insurance or Comprehensive Insurance cover in place.

So is liable for the damage to any other vehicle.

BACK  to out questioner:

You are entitled to compensation, but could lose most of it paying the one YOU rear ended.

Tip: GO SEE A LAWYER WHO WILL SEND A "LETTER OF DEMAND" for you along with yur repair quote for around $40. This is far more likely to get your rearender to pay up pronto!

Then fix your own car as cheap as poss and pay out the party you hit!

Answer 9

from personal experience the person that hit you will be liable for both your car anh his as well as the one he has forced you into. you wont get a "payout" as such but his insurance should cover the repair of your vehicle (if he had full comp) if his insurance is like yours, you are all liable for your own vehicles.

Answer 10

The car that hit you will be liable for any damage caused to your car (unless for some reason it was your fault that they hit you). As for the car in front of you, im not sure who is responsible as i have never been in that situation. If it could be proven that you hit them, only because the force of the collision with the car behind you, maybe then they would be liable for both but im not sure.

Smart thing to do would be to get INSURANCE FOR YOUR CAR!!! Then you wouldnt have to worry about this in the future! Im pretty sure, just 3rd party property isnt overly expensive, but if you cause an accident at least you can fix the other persons car.

The person who hit you tho, will only have to pay for your car to be fixed, i dont think they will pay you cash for it, unless your car has been written off.

Answer 11

The big problem is that all three parties will argue that none of it was their fault and that the others should pay.  

In theory the guy who hit you from behind was responsible, but there is the problem of proving what happened. Normally, the 3 insurance companies would negotiate and agree on an assessor to apportion blame, and then each pay a share. In your case the other two insurance companies will try to blame it all on you because you are the little guy with no insurance. You may be able to defend that, but the lawyers will cost you morte than the insurance would have.

Third party property cover is fairly cheap - why wouldn't you at least have that!

Answer 12

Assuming its the same in Australia as the US...If he rear ended you, he is liable for your damages, regardless of whether you have insurance.  Insurance is only there to protect you financially.  So if you have absolutely no insurance at all, then potentially the guy in front may come after you to pay for his damages and you won't have insurance to defend you if sued or to pay if he won a suit against you.  

If you did not rear end the guy in front of you first and the impact from the guy behind you pushed you into the car in front, the guy behind you is liable for his damages too.  However depending on the other two driver's stories the guy in front may come after you too.  If the guy behind you says you rear ended that guy first or the guy in front says that or says that he felt two impacts from behind then  you may have to try to prove you did rear end him first.  If you had insurance, the insurance company would do that for you and pay any costs associated.