It can be stressful and confusing to know what to do after you’ve had a car accident, especially when it comes to working out whose insurance company you’re meant to claim through. You may have your own car accident insurance, but depending on the level of cover and optional extras you have, you may not have access to a courtesy car or hire car. Some of the main concerns that not at fault drivers have are whether their insurance will be affected if they make a claim and how they will get around after an accident.
What is a Not-At-Fault Car Insurance Claim?
A non-fault car insurance claim is the coverage you can file for when you get involved in an accident with no fault of your own. When you make a non-fault claim, the at-fault driver’s insurer or the liable party has to pay you the repair costs and other charges caused by the accident. You can recover replacement costs or personal injury costs as long as you prove the other driver failed to abide by the Australian road rules. In addition, several other factors are considered by the other driver’s insurer when calculating the cost of insurance premiums, such as:
- The age and condition of the vehicle and its performance
- The driver’s age, experience, and occupation
- The cost and availability of the damaged parts
- The driver’s location and the parking spot
- Preinstalled security features
- When and what distance does the driver travel by car
- Legislation and overall cost of claims
The insurance provider uses all the available evidence, including photos, CCTV footage, dashcams, witness statements, police reports, and medical reports, to decide whether you are at fault.
If you have compulsory third-party insurance, the level of your coverage won’t affect the payout, and you can make claims on the other driver’s car insurance policy directly. If the liable party agrees you are not at fault, they will cover the repair costs. However, if the at-fault party is an uninsured driver, you cannot make claims on your third-party policy. In that case, you should file a claim with the Insurance Commission of Western Australia (ICWA) or the relevant authority of your state, as they act as a default insurer.
In case you have comprehensive coverage, you can make direct claims from your own insurer and pay the policy excess. Your insurer will try to recover your losses from the other insurer, including the policy excess.
Claiming Insurance When Not At Fault
If you decide to make a claim through your own insurance policy, it may potentially affect your insurance premiums. This could be the result of insurers reassessing your individual risk after you’ve made a claim. It could also have an impact on any no claims bonus you may have been entitled to receive. The bonus may be reduced, or you may not receive it at all. It’s always a good idea to check with your insurance provider to find out how your policy may be affected when you’re planning on making a claim.
How Long After A Car Accident Can You Claim In Australia?
The answer to this varies depending on the type of insurance cover you have, which state or territory you’re in and the conditions you agreed to with your insurer in your Product Disclosure Agreement (PDS). For example, with CTP insurance claims, there are specific time limits for claiming that vary across different states and territories in Australia.
What Are You Entitled To In A Car Accident?
If you are not at fault in a car accident, the insurance company of the at fault driver should be responsible for any damages. As the driver who is not at fault, you have the right to be placed back into the position you were in before the accident. This is where Right2Drive may be able to assist you with an accident replacement vehicle.
How to Gather Evidence After An Accident
A claim is a critical aspect of the recovery process to compensate for the hefty medical bills, lost wages, and other losses. However, to file a motorcycle insurance claim with an at-fault driver’s insurance company, you need concrete evidence to prove why you deserve money and how the accident has disrupted your life.
Sometimes, motorcycle or car accidents can leave you too hurt to collect evidence at the accident spot. But if possible, collect critical proof like:
- Eyewitnesses statements and their contact information
- Name, licence number, and contact details of the other driver(s)
- Photos of the damaged vehicle. Take close shots of the skid marks, broken and visible injuries
- Physical evidence like auto parts
- Videos and dashcam footage
- A copy of the police report
- Contact details of the police officers at the scene of the wreck
- Medical bills, prescription receipts, medical reports and pay stubs
- Request footage from nearby security cameras
- Save all emails, letters, and other written documents from the officials and medical providers
Once you file a claim, the insurance adjuster will evaluate everything and decide on the liability. If you fail to provide compelling evidence, you may struggle to recover money to cover your injuries and losses.
How Can You Get Around After A Not At Fault Accident?
If your car is damaged in a not at fault accident and is not driveable, you may be wondering how to get around – especially if you don’t have a courtesy car or hire car as part of your own insurance policy. The good news is that even if you don’t have a courtesy car as an optional extra on your insurance policy – or even if you have no insurance – we may still be able to assist you with an accident loan car.
This means that we could provide you with a way to get around for the duration of your vehicle’s repairs, or in the case of total loss, until you receive settlement.
FAQs
How does an insurance company determine fault?
To determine fault and decide about the liability, an insurance company carefully reviews the claim form, road rules, principle of negligence, and other submitted documents, such as police reports and CCTV footage of the area. The officers thoroughly assess the damaged vehicle, eyewitnesses and their statements and evidence such as photos and videos. The insurer also examines the fault to determine whether the accident was due to clear-cut faults, contributory negligence, and if it is a blameless motor vehicle accident.
What if the damage to my car is only minor?
Insurance experts advise not to make claims in case of minor car damages as it may increase future premiums. Not to mention, you will also have to bear the cost of depreciation and deductible. Minor claims can negatively affect your No Claim Bonus (NCB). So, before filing a claim, assess the cost of repairs with its impact on your insurance premiums. Consult with your insurer if your insurance contract includes a small repair claim add-on and claim against it.
What if the car accident was partly my fault?
To determine if you were partly at fault, the insurance company begins collecting evidence like photos, police reports, dashcam footage, witness statements and videos and considering the road rules and negligence. They also outline details about the traffic, weather conditions, and other factors contributing to the accident. If the authorities find you are partially at fault, they allow you to exercise your rights and majorly blame the other party. Although you can file a personal injury claim, the compensation for damages may be reduced to the percentage of your fault.
What if the car accident was completely my fault?
If the accident is your fault and the other driver agrees, you can directly pay for the damages caused or file a claim to cover the repair charges of your and the other car. But often, the solution isn’t this straightforward, especially when the other driver solely wants to blame you and demands substantial compensation. In that case, avoid admitting fault prematurely to the other driver and seek legal assistance.
What happens if my car has been damaged in an accident caused by a Budget Direct policyholder?
If your car is damaged by a Budget Direct policyholder, lodge a claim with your insurer at the earliest. Your insurance company will settle the claim with the at-fault driver or his insurance provider. To file an insurance claim:
- Report the accident at the earliest
- Gather relevant details about the accident
- Obtain a police report.
If you are not at fault, your excess will be waived, and you will receive the cost of repairs or a new care replacement.
Will I get a replacement vehicle while mine is being fixed?
Whether you will get a replacement car or the hire car costs depends on your insurance policy and the agreement with the repair shop. Some policies include rental coverage, courtesy car coverage and loss of use coverage. However, everything depends on the clauses in the agreement and the vehicle availability. So, review your product disclosure statement and contact your insurer. Enquire if you are eligible for reimbursement for the rental costs, and keep all receipts for the record.
