How Does Insurance Work After A Not At Fault Car Accident?

When you’ve had a car accident, making an insurance claim afterwards can be the source of a lot of stress. You may also feel uncertain about whether you’re meant to claim through your own insurer or the other driver’s. This depends on who is at fault in the car accident.

What Is A No Fault Accident?

In some situations, more than one person can be at fault in a car accident. In these instances, the fault is divided up between the drivers, and they are responsible for paying a percentage of the damages – depending on how much fault they have been allocated.

But if you are involved in a not at fault accident, this means that you weren’t responsible for the accident in any way and the other driver is fully at fault. In the case of a car accident that’s not your fault, the liability belongs completely to the at fault driver. Learn more about how it works here.

Claiming Insurance When Not At Fault

The at fault driver should cover the cost of your towing, repairs, and hire car. In an ideal situation, you should be able to make a claim through the at fault party’s insurer. However, this depends on whether the at fault driver is willing to cooperate with you, and whether they have an insurance policy in the first place.

In the event that you choose, or are unable, to lodge a claim through the at fault driver’s insurer, you may consider claiming through your own insurance company. Although you are not at fault, your claim may still have an impact on your premium and could affect any entitlement you have to a no claims bonus.

Keep in mind that the level of insurance cover you purchased will impact your claim and it’s always important to check what you’ve agreed to in your Product Disclosure Agreement (PDS). Depending on the optional extras you purchased as part of your insurance policy, you may or may not have access to a hire car through your insurer.

What Happens In A No Fault Accident?

When you are involved in a car accident that was not your fault, you have the right to be placed back into the position you were in before the accident. This means you are entitled to a like-for-like accident loan car for the entire duration that your car is being repaired, or in the event of total loss, until you receive settlement.

What To Do After A No Fault Car Accident

Always make sure you stop immediately if you’ve had a car accident – whether you’re at fault or not – and move your vehicle to a safe place if possible. Once you’ve made sure that nobody is hurt from the accident, you’ll need to collect evidence to prove you’re not at fault.

In addition to exchanging details with the at fault driver, you also need to take relevant photos and videos from the accident scene. If there are witnesses, it’s also a good idea to take down their information and get witness statements.

The Information You Need to Collect

You cannot just make a claim for a car stolen from the garage. You will have to provide all the details necessary to prove that your insurance claim is valid. Similarly, before making a new claim for a car accident with no fault of your own, make sure to collect the following information:

• Contact details of the at fault driver

• Other vehicle’s registration number

• Other driver’s name

• Licence number of all the drivers involved

• Witness information (contact details, photos, videos)

• Vehicle details (model, colour, license plate)

• At fault driver’s licence

• Information about a potential claim

• Police report number (if filed)

• Details of the police officers who attended

• Number plates of other cars involved

Get An Accident Replacement Vehicle

Right2Drive provides eligible drivers with a like-for-like vehicle to get back on the road quickly after an accident. Even if you don’t have an insurance policy or you haven’t elected to have a rental car as an optional extra on your policy, you may still be eligible to receive one of our cars.

Motor Vehicle Accident Compensation

Who is Eligible to Make a Car Accident Claim?

Anyone who is involved in a car accident and had their property damaged can make a claim. Typically, it’s the policyholder, injured parties, or anyone who was involved in a car accident. Generally, an insurance claim is made by the following parties:

• A policyholder who files a claim for their own damage

• Third-party claim, where you can file a claim against another party

• Injured parties can file a claim to recover medical expenses

• Victims of property damage can file a claim for the repair process  

• A victim’s dependents can file for compensation in case of fatal accidents

How Soon After the Accident Should I Lodge a Claim?

According to the Financial Rights Legal Centre, it’s advisable to lodge a comprehensive car insurance claim online within 48 to 72 hours to maximise your chances of getting a positive outcome. If you fail to report within this timeframe, it becomes challenging for the insurance company to analyse your financial situation and investigate the case to expedite the claims process. 

What is Covered by Car Accident Compensation?

Comprehensive insurance for car accidents usually seeks to recover losses. The policy covers lost wages, medical expenses (both ongoing and future medical costs), property damage, physical pain, and emotional distress. So, before you find your own repairer to fix your car, check with a professional whether you can make a settlement with the traditional owners.

Can I Claim Car Accident Compensation for Pain and Suffering in NSW?

Yes, you can file a CTP insurance claim for pain and suffering in NSW from the parties involved in the accident if your permanent impairment is more than 10%. To become eligible, you will have to prove that you are not at fault and the injuries are “above threshold.” 

Compensation Payout Guide

A compensation payout guide outlines the process and other details of making compensation claims for injuries, including the calculations of the payouts and the types of expenses that can be claimed. The guide also highlights factors such as the injury severity, the extent of the injury on the victim’s daily life, medical expenses, and lost wages to calculate the amount of compensation.