What to do if the at-fault driver is not cooperating?

Ideally, both drivers exchange information and move forward through the claims process. But in reality, many drivers face silence from the other party, especially in not-at-fault scenarios. This guide explains what to do if the at-fault driver is not responding and how to protect yourself legally and financially.

You’ll also learn how your insurance company can intervene, when to consider legal support, and how to proceed with repairs, even if the other driver does not have insurance.

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The at-fault driver is not responding - what do I do?

When the at-fault driver is not responding after an accident, it can be frustrating and challenging. However, it's essential to remain calm and take specific steps to protect your rights and ensure a quick resolution. We recommend doing the following: 

Prioritise safety 

First and foremost, ensure that everyone involved in the accident is safe. Check for injuries and seek medical attention if necessary. If the accident has caused significant damage or threatens safety, contact the police immediately. Safety should always be your top concern.

Call the police

If the at-fault driver is not responding or refusing to cooperate, it is crucial to involve law enforcement. Explain the situation and provide them with as much information as possible.

Document the scene 

While waiting for the police to arrive, gather as much evidence as possible. Take photos of the accident scene, damage to both vehicles, license plates, and any relevant road conditions or traffic signs. This documentation can be valuable for insurance claims, proving you’re not at fault and legal proceedings.

Try to exchange information 

You are required by law to exchange information. If the at-fault driver is unresponsive, relay your name, contact info and insurance details to the police. If the other party is unwilling to give information, provide as much detail as you can about their vehicle. 

Stay calm and patient

While dealing with an uncooperative driver can be frustrating, remaining calm and patient is crucial. Avoid confrontations or arguments, as they can escalate the situation and potentially harm your case later.

Contact your insurance company 

As soon as possible, notify your insurance company about the accident. Provide them with all your information, including that the at-fault driver is uncooperative. Your insurance company can guide you through the insurance claims process and help protect your interests. They may also help you find out information about the other person’s insurance company.  

Seek legal advice

If the at-fault driver's lack of response continues to be an issue, or if you encounter difficulties with the claims process, consider consulting an attorney experienced in personal injury and car accident cases. If necessary, an attorney can provide legal advice, negotiate with the other driver's insurance company, and represent you in legal actions.

Follow up 

Stay proactive in the aftermath of the accident. Follow up with the police to obtain a copy of the accident report, communicate with your insurance company regularly, and, if needed, consult with your lawyer to explore further legal options.

How to deal with an at-fault driver who is not insured

1. Understand your coverage

If the at-fault driver has no insurance, your ability to recover repair costs depends heavily on your car insurance policy.

If you have comprehensive cover, your insurer will likely pay for the repairs and attempt to recover the costs from the uninsured driver (known as subrogation).

Suppose you're only covered by third-party property insurance. In that case, you may need to recover the cost of repairs directly from the other party, and that’s where things can get tricky if they’re uncooperative or unwilling to pay.

Even if the at-fault driver has admitted fault, their lack of insurance can cause significant delays, especially if they refuse to engage. This is why understanding your policy inclusions and any applicable excess is critical early in the process.

2. Gather evidence

With an uninsured and uncooperative driver, substantial documentation becomes your best asset.

Make sure you collect:

• Clear photos of the crash scene, vehicle damage, road signs, and positioning.
• A copy of the police report or the incident number.
• Details from any witnesses who saw the crash.
• The other vehicle’s registration and any details they provided at the time.
• Notes about their behaviour (e.g. refusing to exchange information or becoming aggressive).

This evidence can support a claim with your insurer or strengthen your position if legal action is required to recover costs from the at-fault driver directly.

3. Send a letter of demand

If the uninsured driver won’t engage or denies fault despite evidence, your next step is a letter of demand.

This is a formal request outlining:

• The date and details of the accident
• The costs of repair or replacement
• Supporting documentation (photos, police report, quotes)
• A deadline (typically 14–21 days) for payment

The letter should be sent via registered post so you have proof of delivery. While it doesn’t guarantee payment, it’s often a required first step before taking the matter to small claims court.

If you're unsure how to structure this, a legal adviser, or in some cases, your insurer, may assist you in drafting the letter.

4. Seek legal advice

Suppose the driver still refuses to cooperate or pay, and your insurer won't cover the damage under your policy. In that case, it may be time to speak to a motor vehicle accident solicitor.

A lawyer can help you:

• Understand if you have a viable legal case.
• Lodge a claim in the Magistrates’ Court.
• Navigate the process of recovering damages for vehicle repairs, hire car costs, and other related expenses.

Some legal services offer free consultations or no-win, no-fee arrangements, especially if the value of the damage is significant. And remember, time limits often apply to civil claims, so don’t wait too long to act.

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How does an uncooperative at-fault driver with no insurance affect my car repairs? 

If the at-fault driver is uninsured and refuses to cooperate, your repair process can become slower and more expensive, but you're not without options.

With comprehensive insurance

You can usually proceed with repairs immediately. Your insurance company may pay for the damage, then pursue the at-fault driver for reimbursement (called recovery). However, you might need to pay your excess upfront and wait for reimbursement if the other party is successfully pursued.

With third-party property insurance

Repairs generally won’t be covered under your policy. You’ll need to organise the repairs yourself and try to recover the costs directly from the at-fault driver, often by issuing a letter of demand, or in some cases, going to small claims court.

With no insurance

Unfortunately, you may need to pay for repairs out of pocket. Legal action is your main option to recover the cost, but success depends on the other driver’s willingness and ability to pay.

In all cases, delays from the uncooperative driver can mean your vehicle sits unrepaired for longer, which is why strong documentation and quick contact with your insurer or legal adviser are key.

If your car is unsafe, you may also face additional costs such as towing or temporary accident replacement vehicles, depending on your policy and access to support.

If you’re still looking for a way to get your car back on the road, choose expert panel beating services from the professionals at Sheen. When it comes to not-at-fault insurance claims and repairs, we’re here to help.

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Get the assistance you need 

Dealing with a car accident is difficult, but when the at-fault driver refuses to respond or doesn't have insurance, the situation can quickly become overwhelming.

Whether covered under comprehensive insurance or trying to recover costs from an uninsured driver, you don’t have to handle it alone. Knowing your rights, keeping clear records, and getting help early can make all the difference.

At Sheen Group, our experienced team daily supports drivers through complex insurance claims, including cases involving uncooperative or uninsured at-fault drivers. From working with insurers to organising quality repairs and providing accident replacement vehicles, we’re here to help get you back on the road.

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