Car Insurance Advice

Not at Fault in a Car Accident? Here's What You're Actually Entitled To

Someone ran into you. You did nothing wrong. And now you're worried about excess, repairs, and whether this will push your premium up.

If you weren't at fault, most of those worries don't apply. You have real entitlements, but a lot of people don't know what they are, and end up paying costs that should belong to the other driver.

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Zero excess

If fault is clearly established against the other driver, most comprehensive insurers will waive your excess entirely. You provide the other driver's details and your insurer handles the rest, pursuing the other party in the background. You should not be out of pocket.

Full repair at no cost to you

The at-fault driver's insurer is liable for the cost of repairing your vehicle. If they have comprehensive or third party property insurance, their insurer pays. If they're uninsured, your own insurer can still assist and pursue them separately. You can also issue a formal letter of demand and, if needed, take the matter to your state's civil tribunal.

Example: Someone reverses into your parked car and leaves a note. You only have third party property insurance. Because the other driver has comprehensive cover, you can claim directly against their insurer for the full repair cost with no excess, no need to involve your own insurer at all.

A hire car while yours is being fixed

Your right to a replacement vehicle exists regardless of whether you have comprehensive insurance. If someone else's negligence put you off the road, they are responsible for covering reasonable replacement transport. You can access this through your own insurer (if your policy includes hire car cover), through the at-fault driver's insurer, or through specialist not-at-fault hire companies who provide a vehicle and recover costs from the at-fault insurer directly at no charge to you.

The hire generally runs for the duration of the repair, or until settlement if the car is a write-off.

No impact on your no-claims bonus

A genuine not-at-fault claim should not affect your no-claims discount or push up your premium at renewal. That is the standard position across most Australian policies. Check your Product Disclosure Statement to confirm.

Own insurer or the other driver's?

Going through your own insurer is usually faster. They arrange repairs, waive the excess and deal with the other party themselves. Going directly through the at-fault driver's insurer keeps your own policy out of it entirely, though you will be dealing with an insurer that has no obligation to prioritise you as a non-customer. Either path works. The key is having solid evidence of fault.

What to collect at the scene

Full name, address, phone number and licence details of the other driver
Their vehicle registration, insurer and policy number if possible
Photos of both vehicles, their positions, and the broader scene
Names and contact details of any witnesses
Time, date, exact location and road conditions

Do not apologise or admit any fault. Even a casual sorry can be used against you during the claims process. If there are injuries or the other driver leaves the scene, call police.

If the other driver later disputes fault, lodge with your own insurer and let them manage it. If you are unhappy with the outcome, the Australian Financial Complaints Authority (AFCA) provides free external dispute resolution for insurance matters.

Not sure what your damage is worth?

Before you agree to any repair or settlement, it helps to know what the job should actually cost. Upload a few photos and we'll give you a free, honest estimate.