Most Australians are unaware of the rights they have after a not at fault car accident. In fact, the recent research we’ve conducted shows that 74% of people don’t know their legal rights when they’ve had a car accident that was not their fault.
What Are You Entitled To In A Car Accident?
If you’ve been in a no fault car accident, the at fault driver or their insurer is responsible for restoring you to the position you were in before your accident. This is the case even if you don’t have your own car insurance policy.
You are entitled to have the costs covered for your vehicle’s towing, the repair of your vehicle, as well as an accident replacement vehicle.
Your entitlements surrounding an accident replacement vehicle are enshrined by the High Court and include a vehicle equivalent to your own for the entire duration of your repairs. In the event of a total loss, you’re entitled to keep the accident replacement vehicle until you receive settlement.
What To Do When You Have A Car Accident
When you’ve been involved in any kind of car accident, you need to stop immediately (in a safe place if you can) and offer assistance. You may need to call 000 if there is a serious injury or a death, or if your car is blocking the road.
The law in Australia also states that you have to exchange information with the other driver. This is an important step after you’d had a car accident, as it will impact your insurance claim and eligibility for an accident replacement vehicle. If at any point the other driver is unwilling to cooperate with you or becomes aggressive, you are within your rights to call the police for assistance.
What To Do In A Car Accident Not At Fault
Make sure you collect as much evidence as possible from the accident scene in the form of photos, videos and witness statements. Being able to prove you’re not at fault is important for liability and claiming after a car accident.
If you’re not at fault, you have the right to drive. Right2Drive may be able to assist you with a like-for-like accident replacement vehicle while your own car is being repaired. If you’re eligible, fill in an application or call our team on 1300 100 121.
