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How a not-at-fault car insurance claim works in Australia: who pays, excess, premiums, what evidence to keep and replacement transport while you wait.

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

<p></p><div class="__editor_html"><p>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 <a href="https://www.right2drive.com.au/articles/who-is-at-fault-in-a-car-accident">who is at fault in the car accident</a>. This guide covers damage to your car and getting around in Australia. Injury claims follow separate state and territory schemes.</p>
<p><strong>In short</strong></p>
<ul>
<li>Make sure everyone is safe, and call 000 if anyone is hurt.</li>
<li>Exchange details with the other driver and collect evidence at the scene.</li>
<li>Tell your insurer about the accident, even if you decide not to claim.</li>
<li>Work out the claim route: through the at-fault driver’s insurer, or through your own policy.</li>
<li>Ask about excess, repair approval and hire car cover before you agree to any costs.</li>
<li>If you were not at fault, check whether you’re eligible for a replacement vehicle while the claim is sorted out.</li>
</ul>
<h2>What Is a Not-at-Fault Car Accident?</h2>
<p>In some situations, more than one person can be at fault in a car accident. In these instances, fault may be shared between the drivers, and each may be responsible for a share of the damage.</p>
<p>But if you are involved in a not-at-fault accident, you weren’t responsible for the accident in any way, and the other driver is entirely at fault. In the case of a car accident that’s not your fault, the liability belongs entirely to the at-fault driver. Learn more about <a href="https://www.right2drive.com.au/how-it-works">how it works</a>. Insurers decide who was at fault using evidence such as photos, dashcam footage, witness details and police reports.</p>
<h2>How to Claim Insurance When Not At Fault</h2>
<p>When another driver is responsible, the cost of your towing, repairs and a replacement vehicle should be recoverable from the at-fault driver or their insurer. In many cases you can claim through the at-fault party’s insurer. That depends on the insurer accepting that its policyholder was responsible, and on the other driver having insurance in the first place.</p>
<p>If 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 impact your premium and could affect any entitlement to a no-claims bonus.</p>
<p>Remember that the level of cover you purchased will impact your claim, and it’s always important to check what you’ve agreed to in your Product Disclosure Statement (PDS). Depending on the optional extras you purchased as part of your car insurance policy, you may or may not have access to a hire car through your insurer.</p>
<h3>Does the Process Differ by State?</h3>
<p>The basic steps for a vehicle damage claim are similar across Australia: the insurers look at who was responsible and assess the damage. The details that change by state and territory include police reporting rules, time limits and injury (CTP) claims. For an example of the options in one state, see <a href="https://www.legalaid.nsw.gov.au/ways-to-get-help/publications-and-resources/crashed-your-car" target="_blank" rel="noopener noreferrer">Legal Aid NSW’s guide to vehicle damage after a crash</a>, and check your own state or territory police and road authority websites for local requirements.</p>
<h3>Do I Need to Claim on My Own Insurance?</h3>
<p>You may wonder, “Do I have to make a claim if I’m not at fault?” It’s your choice whether to claim on your own policy. If the other driver is responsible, their insurer should be the one to pay, so you may not need to claim on your own insurance. However, it’s a good idea to tell your insurer about the accident, and your policy may require you to. If the other driver’s insurer denies fault or is slow to respond, your own insurer may be able to help you move your claim forward.</p>
<p>If the damage is minor, compare the repair quote with your excess and ask your insurer how a claim would be recorded before you decide.</p>
<h3>Who Pays for the Damage?</h3>
<p>If you are a not-at-fault driver, the other driver or their insurer should pay for the damage to your vehicle once responsibility is accepted. Costs such as towing and a replacement vehicle while yours is repaired may also be recoverable from them.</p>
<h2>What Happens In A No-Fault Accident?</h2>
<p>When you are involved in a not-at-fault accident, the aim is to put you back in the position you were in before it. For eligible drivers, Right2Drive can provide a like-for-like replacement vehicle while your car is being repaired or, if it is a total loss, until your settlement payment is received.</p>
<h3>Do I Have to Pay an Excess If I’m Not at Fault?</h3>
<p>You may have to pay an excess even if you are not at fault. But it depends on the insurance policy that you have chosen. Moreover, your Product Disclosure Statement (PDS) will determine whether the excess will be waived off or refunded. Some policies waive the excess only in limited circumstances (<a href="https://moneysmart.gov.au/car-insurance/claiming-on-your-car-insurance" target="_blank" rel="noopener noreferrer">MoneySmart</a>), so ask your insurer what applies and what evidence it needs before repairs start. Our guide on <a href="https://www.right2drive.com.au/articles/do-i-need-to-pay-an-excess-for-a-not-at-fault-accident">paying an excess when you are not at fault</a> explains more.</p>
<h3>Will a Not-at-Fault Claim Affect My Premium or No-Claim Bonus?</h3>
<p>It depends on your insurer and your policy. Being not at fault does not guarantee that your renewal price or no-claim bonus will stay the same, because insurers record the accident and treat claims differently. Before you claim, ask your insurer how it would record the claim, whether it affects your bonus while it recovers costs from the other driver’s insurer, and what that means at renewal. For the bonus specifically, read our <a href="https://www.right2drive.com.au/articles/will-you-lose-your-no-claim-bonus-for-reporting-an-accident-that-wasnt-your-doing">guide to reporting an accident and your no-claim bonus</a>.</p>
<h2>What To Do After A No Fault Car Accident</h2>
<p>Always 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 ensured that nobody is hurt from the accident, you’ll need to collect evidence to prove you’re not at fault. Call 000 if anyone is injured or there is an emergency. Police reporting rules differ by state and territory, so check what applies where you are. Our guide to <a href="https://www.right2drive.com.au/articles/what-to-do-after-a-car-accident-thats-not-your-fault">what to do after a car accident that’s not your fault</a> covers the first steps in more detail.</p>
<p>In addition to exchanging details with the other driver, you must take relevant photos and videos from the accident scene. It’s also a good idea to take down witnesses’ information and get witness statements if there are witnesses.</p>
<h2>The Information You Need to Collect</h2>
<p>Insurers rely on evidence, so before making a claim for a car accident that wasn’t your fault, try to collect the following information:</p>
<ul>
<li>Name and contact details of the other driver</li>
<li>Other vehicles’ registration numbers</li>
<li>Licence numbers of all the drivers involved</li>
<li>Witness information (contact details, photos, videos)</li>
<li>Vehicle details (make, model, colour)</li>
<li>The other driver’s insurer and claim number, if they have one</li>
<li>Photos, video and any dashcam footage of the scene and the damage</li>
<li>Police report number (if filed)</li>
<li>Details of the police officers who attended</li>
<li>Towing and repair receipts</li>
</ul>
<h2>Get a Replacement Vehicle After a Not-at-Fault Accident</h2>
<p>Right2Drive may provide <a href="https://www.right2drive.com.au/am-i-eligible?utm_source=blog&amp;utm_medium=blog-banner&amp;utm_campaign=blog-banner">eligible drivers</a> who were not at fault with a like-for-like <a href="https://www.right2drive.com.au/accident-replacement-vehicle">accident replacement vehicle</a> to get back on the road quickly after an accident. You can be eligible even if you don’t have an insurance policy of your own.</p>
<p>For an approved hire that meets the agreement, there are no vehicle hire costs to pay. Right2Drive recovers those costs directly through the at-fault driver’s insurer. If your car is a total loss, the hire can continue until your settlement payment is received, subject to the hire terms (see our <a href="https://www.right2drive.com.au/articles/everything-you-need-to-know-about-car-write-offs">car write-offs guide</a>). Fuel, tolls, fines and other applicable charges remain separate, and vehicles are subject to availability. If your own policy includes hire car cover, it has its own limits; our guide to the <a href="https://www.right2drive.com.au/articles/how-does-an-accident-loan-car-differ-from-the-car-hire-option-on-an-insurance-policy">hire car option on an insurance policy</a> explains the difference. <a href="https://www.right2drive.com.au/am-i-eligible">Check your eligibility</a> to see whether the service suits your situation.</p>
<h2>Motor Vehicle Accident Compensation</h2>
<h3>Who is Eligible to Make a Car Accident Claim?</h3>
<p>If your car has been damaged in an accident, you may be able to make a claim. Generally, an insurance claim for vehicle damage is made by:</p>
<ul>
<li>A policyholder who files a claim for their own damage</li>
<li>A third-party claim, where you claim against the at-fault driver’s insurer</li>
<li>Victims of property damage can file a claim for the repair costs</li>
</ul>
<p>Injury claims follow separate state and territory compulsory third party (CTP) schemes. If you were hurt, speak to the relevant CTP insurer or a legal adviser.</p>
<h3>How Soon After the Accident Should I Lodge a Claim?</h3>
<p>Tell your insurer as soon as you reasonably can. Your policy may require prompt notice even if you decide not to claim. There is no single deadline that applies to every vehicle damage claim. Time limits depend on the type of claim, your PDS and your state or territory, so check your policy and ask your insurer rather than wait.</p>
<h3>What Happens After I Make a Claim?</h3>
<p>After you lodge a claim, your insurer should, within 10 business days of getting your claim, either make a decision or tell you what else it needs or that it is still assessing it (General Insurance Code of Practice). Keep the claim reference and ask what information it still needs. Ask for any decision, repair approval or transport arrangement in writing.</p>
<h3>What If I Disagree With the Insurer’s Decision?</h3>
<p>Ask for written reasons and send any relevant evidence. If you are unhappy with your own insurer, start with its internal dispute resolution team. If it’s still unresolved, you can contact the Australian Financial Complaints Authority (AFCA), which is free and independent. Time limits apply, so don’t leave it too long. AFCA can consider some complaints about another driver’s insurer, with limits, so check its website for the route that suits your situation.</p>
<h3>What If the Other Driver Is Uninsured or Won’t Share Their Details?</h3>
<p>Tell your own insurer what you have, such as the registration, photos and witness details, and ask what your policy covers. Some policies include an uninsured motorist extension with its own conditions and limits. Our guides to a <a href="https://www.right2drive.com.au/articles/car-accident-no-insurance-not-at-fault">not-at-fault accident without insurance</a> and an <a href="https://www.right2drive.com.au/articles/car-accident-uninsured-driver">uninsured driver</a> give more detail. Replacement vehicle eligibility is assessed separately, so speak to the team about your situation.</p>
<h2>Conclusion</h2>
<p>Understanding how insurance works after a <strong>not at fault accident</strong> helps you protect your time and your finances. Tell your insurer, keep your evidence together, ask about excess and cover, and check whether you’re eligible for a replacement vehicle while the claim is sorted out.</p>
<h2>Frequently Asked Questions (FAQs)</h2>
<h3>How do I claim car insurance when I’m not at fault?</h3>
<p>If the other driver is responsible and insured, you can claim through the at-fault driver’s insurer. Depending on the circumstances, you may also lodge a claim with your own insurer.</p>
<h3>Do I need to make an insurance claim if I wasn’t at fault?</h3>
<p>You don’t always need to claim on your own policy, because the at-fault driver’s insurer should cover the repair cost. It’s still a good idea to tell your insurer about the accident, and your policy may require it.</p>
<h3>Will I have to pay an excess if I’m not at fault?</h3>
<p>You may have to pay an excess even if you are not at fault. However, it depends on the insurance policy you opted for. It is essential to understand the terms and conditions of your policy clearly to know whether you need to pay an excess.</p>
<h3>What if the at-fault driver doesn’t have insurance?</h3>
<p>Check what your own policy covers, for example comprehensive cover or an uninsured motorist extension, and tell your insurer what you know about the other driver. If you’re unhappy with how an insurer handles your claim, you can complain to the Australian Financial Complaints Authority (AFCA), which provides free, independent dispute resolution.</p>
<h3>Can I get a replacement car if I’m not at fault?</h3>
<p>You may be able to. Right2Drive can provide eligible drivers who were not at fault with an accident replacement vehicle, and recovers the hire costs through the at-fault driver’s insurer.</p>
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<p></p><div class="__editor_html"><p>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<strong>.</strong> This depends on who is at fault in the accident. This depends on <a href="https://www.right2drive.com.au/articles/who-is-at-fault-in-a-car-accident">who is at fault in the car accident</a>.</p>
<h2>What Is a Not-at-Fault Car Accident?</h2>
<p>In some situations, more than one person can be at fault in a car accident. In these instances, the fault is divided between the drivers, responsible for paying a percentage of the damages, depending on how much fault they have been allocated.</p>
<p>But if you are involved in a not-at-fault accident, you weren’t responsible for the accident in any way, and the other driver is entirely at fault. In the case of a car accident that’s not your fault, the liability belongs entirely to the at-fault driver. Learn more about how it works here. Learn more about <a href="https://www.right2drive.com.au/how-it-works">how it works</a> here.</p>
<h2>How to Claim Insurance When Not At Fault</h2>
<p>The at-fault driver should cover the cost of your towing, repairs, and hire car costs. In an ideal situation, you should be able to 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.</p>
<p>If 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 impact your premium and could affect any entitlement to a no-claims bonus.</p>
<p>Remember that the level of cover you purchased will impact your claim, and it’s always important to check what you’ve agreed to in your Product Disclosure Statement (PDS). Depending on the optional extras you purchased as part of your car insurance policy, you may or may not have access to a hire car through your insurer.</p>
<h3>Do I Need to Claim on My Own Insurance?</h3>
<p>You may wonder, “Do I have to make a claim if I'm not at fault?” Usually, if you are a not at fault accident driver, you don’t need to claim your own insurance. Instead, the other driver is responsible for covering the cost of repairs and any associated expenses. However, it is a good idea to inform your insurance provider about the accident, as it will benefit you if the other driver’s insurer denies fault or works slowly. Your insurer will work on your behalf and ensure you receive fair compensation for all your losses.</p>
<h3>Who Pays for the Damage?</h3>
<p>So, how do you claim car insurance when you are not at fault? If you are a not-at-fault driver, the other driver or their insurer pays for the damage caused to your vehicle. They must also pay for additional costs, ranging from towing the car to renting a replacement vehicle until the vehicle is repaired.</p>
<h2>What Happens In A No-Fault Accident?</h2>
<p>When you are involved in a not at fault accident, you have the right to be placed back into your position before the accident. This means you are entitled to a like-for-like accident loan car for the entire duration that your vehicle is being repaired, or in the event of total loss, until you receive settlement.</p>
<h3>Do I Have to Pay an Excess If I’m Not at Fault?</h3>
<p>You may have to pay an excess even if you are not at fault. But it depends on the insurance policy that you have chosen. Moreover, your Product Disclosure Statement (PDS) will determine whether the excess will be waived off or refunded.&nbsp;</p>
<h3>Will My Premium Go Up If I Didn’t Cause the Accident?</h3>
<p>Usually, the premium doesn’t go up if you didn’t cause the accident. However, these incidents are recorded by your insurance company, which may increase your premium in the future.&nbsp;</p>
<p>Drivers who have had many claims in the past are also likely to have high claims in the future. This may increase the possibility of higher premiums. Remember that even if the premium rises, it is not a significant increase.</p>
<h2>What To Do After A No Fault Car Accident</h2>
<p>Always 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 ensured that nobody is hurt from the accident, you’ll need to collect evidence to prove you’re not at fault.</p>
<p>In addition to exchanging details with the other driver, you must take relevant photos and videos from the accident scene. It’s also a good idea to take down witnesses' information and get witness statements if there are witnesses.</p>
<h2>The Information You Need to Collect</h2>
<p>You cannot just claim a car stolen from the garage. You must 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:</p>
<ul>
<li>Contact details of the other driver</li>
<li>Other vehicles’ registration numbers</li>
<li>Other driver’s name</li>
<li>Licence numbers of all the drivers involved</li>
<li>Witness information (contact details, photos, videos)</li>
<li>Vehicle details (model, colour, license plate)</li>
<li>At fault driver’s licence</li>
<li>Information about a potential claim</li>
<li>Police report number (if filed)</li>
<li>Details of the police officers who attended</li>
<li>Number plates of other cars involved</li>
</ul>
<h2>Get a Replacement Vehicle After a Not-at-Fault Accident</h2>
<p>Right2Drive provides <a href="https://www.right2drive.com.au/am-i-eligible?utm_source=blog&amp;utm_medium=blog-banner&amp;utm_campaign=blog-banner">eligible drivers</a> 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 car insurance policy, you may still be eligible to receive one of our cars.</p>
<h2>Motor Vehicle Accident Compensation</h2>
<h3>Who is Eligible to Make a Car Accident Claim?</h3>
<p>Anyone who has had their property damaged in a car accident can make a claim. Typically, it’s the policyholder, injured parties, or anyone involved in a car accident. Generally, an insurance claim is made by the following parties:</p>
<ul>
<li>A policyholder who files a claim for their own damage</li>
<li>Third-party claim, where you can file a claim against another party</li>
<li>Injured parties can file a claim to recover medical expenses</li>
<li>Victims of property damage can file a claim for the repair costs</li>
<li>A victim’s dependents can file for compensation in case of fatal accidents</li>
</ul>
<h3>How Soon After the Accident Should I Lodge a Claim?</h3>
<p>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.&nbsp;</p>
<h3>What is Covered by a Motor Vehicle Accident Claim?</h3>
<p>Comprehensive car 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.</p>
<h3>Can I Claim Car Accident Compensation for Pain and Suffering in NSW?</h3>
<p>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 must prove that you are not at fault and the injuries are “above threshold.”&nbsp;</p>
<h3>Compensation Payout Guide</h3>
<p>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.</p>
<h2>Conclusion</h2>
<p>Understanding how insurance works after a <strong>not at fault accident </strong>protects your rights and finances. If you are a not-at-fault driver, car accidents can bring a lot of emotional, physical, and financial turmoil to your life. Therefore, it is important to protect yourself from these severe consequences. As a not-at-fault driver, you can also get a replacement vehicle, and the at-fault driver or their insurer will pay for the car. Understanding the insurance claim when not at fault and how the process works will help you safeguard yourself.</p>
<h2>Frequently Asked Questions (FAQs)</h2>
<h3>How do I claim car insurance when I’m not at fault?</h3>
<p>You can claim directly through the at-fault driver's insurer if you are not at fault in a car accident. Alternatively, depending on the circumstances, you may also need to lodge a claim with your insurer.&nbsp;</p>
<h3>Do I need to make an insurance claim if I wasn’t at fault?</h3>
<p>Usually, you don’t need to make an insurance claim if you weren’t at fault in a car accident. The at-fault driver and their insurer cover the repair cost. However, informing your insurer about the incident is a good idea to ensure the proper support.&nbsp;</p>
<h3>Will I have to pay an excess if I’m not at fault?</h3>
<p>You may have to pay an excess even if you are not at fault. However, it depends on the insurance policy you opted for. It is essential to understand the terms and conditions of your policy clearly to know whether you need to pay an excess.&nbsp;</p>
<h3>What if the at-fault driver doesn’t have insurance?</h3>
<p>If the other driver doesn’t have comprehensive car insurance, you can seek compensation directly from them for repair costs, usually through a letter of demand or legal action. You can also claim through your insurer if you have comprehensive car insurance. They will then pursue the uninsured driver on your behalf. <em>Suppose you are unhappy with how your insurer or the other driver’s insurer handles your claim. In that case, you can escalate your complaint to the Australian Financial Complaints Authority (AFCA), which provides free, independent dispute resolution services.</em></p>
<h3>Can I get a replacement car if I’m not at fault?</h3>
<p>You can get a replacement car if you are not at fault. Several service providers offer replacement cars for not-at-fault drivers. The price of renting these vehicles is usually recovered from the at-fault driver or their insurer.</p>
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