A member asked over 7 years ago

Information disclosed are they within there rights?

An accident occurred. The de

An accident has occurred where the driver has breached her drivers licence conditions fully accepts  the breach argues not at fault to the cause of accident has no insurance as this will be voided anyway.The other driver driving a company vehical hired to them through a car fleet and all parties refuse to give any of the drivers details By not wanting to disclose any information on the driver are these company's checking their drivers were company procedures followed,duty of care?because the moment they were told that the first driver breeched and no insurance  "you are at fault and the insurance is coming for you"but no other information on there behalf.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Based on the information you have provided, it appears that the other driver in the accident was driving a company vehicle and refused to provide you with any personal or company details after the accident for insurance purposes. The exact nature of your legal problem is not clear, but the following general information may be helpful.

There are different types of car insurance available to drivers in Western Australia. Comprehensive Third Party (CTP) insurance is mandatory for all drivers and covers you in the event that your driving causes someone else injury or death. Claims are handled by the Insurance Commission of Western Australia (www.icwa.wa.gov.au). If the accident you mentioned involved personal injury, then a claim will need to be lodged with the ICWA. Certain information, such as the names and details of the parties involved in a crash, must be provided to ICWA and penalties may apply if this information is withheld.

An optional type of insurance is car insurance covering vehicle damage. The extent to which a driver is covered for damage to their vehicle or another person’s vehicle will depend on the terms of the particular insurance policy the driver is covered by. Usually, these insurance policies require drivers who make an insurance claim to provide the insurer with a number of details about the accident, including the names and car registration of the other parties involved. If you are unable to provide this information, the insurer may choose to limit or refuse your claim. The terms of your insurance policy will be contained in the relevant Product Disclosure Statement, a copy of which can be obtained by contacting your insurer.

If the other party is refusing to give information, they may be breaking the law. In Western Australia, a driver involved in an accident causing personal injury or property damage must give the other party or a police officer their name and address. A driver who does not provide these details may face a penalty under the Road Traffic Act 1974 (WA). If anyone was hurt in the accident or the damage is likely to cost more than $3000 to repair, the accident must also be reported to the police.

Suggested way forward

If you know the name of the company whose driver was involved in the accident, you should contact that company and, if you intend to make an insurance claim, ask them for the details of the driver and vehicle. Alternatively, you could report the matter to the police if you believe the other driver has broken the law. As the above information is only of a general nature, you would benefit from speaking to a lawyer who can fully advise you of your legal options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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