Not at fault? What you are actually entitled to
If another driver caused the damage, the principle is that you should not be left out of pocket. In practice that usually means your car repaired to its pre-accident condition, a replacement car while it is off the road, and no excess to pay. What trips people up is that none of it happens automatically.
The principle behind it
Australian law works on the idea that the party who caused the loss should restore the other party to the position they were in beforehand. For a car that means the repair, and it also means the loss of use while the car is unavailable. You had a working car before the crash and you should have one during the repair.
That is why a replacement vehicle is recoverable from the at-fault driver's insurer rather than something you have to fund and hope to claim back.
What that covers in practice
Where fault is clear and the other driver is identified, this is the usual shape of it.
- Repairs to your car, to the standard it was in before the crash.
- A replacement car of a similar type for as long as yours is off the road.
- Towing and recovery from the scene.
- Reasonable costs directly caused by the accident, such as a taxi home from the roadside.
- No excess, because you are not claiming on your own policy.
Being not at fault does not mean nothing is required of you. You still have to cooperate, provide the other driver's details, and let the process run.
The two things that decide it
Almost every not-at-fault claim turns on two questions, and both are settled by what you collected at the scene.
The first is whether the other driver is identified. Without a name and a registration number there is nobody for the cost to be recovered from, and you fall back on your own policy and your own excess.
The second is whether fault is genuinely clear. Rear-end collisions and being hit while parked are usually straightforward. Intersections, lane changes and car parks are where liability gets split, and where photographs and a witness are worth more than any argument at the roadside.
Why you can be worse off doing nothing
People often wait to hear from the other driver's insurer before arranging anything. That period is dead time. The car sits undriveable, sometimes accruing storage fees in a yard, and the days without a replacement car are rarely recovered afterwards.
The claim can be lodged against the other party's insurer straight away, and a replacement car can be arranged the same day, before liability is formally admitted. If it later turns out fault is shared, that changes what is recoverable, which is why it is worth being honest with whoever is managing it about how the crash actually happened.
If you were partly at fault
Fault is not always all or nothing. Insurers apportion it, and a finding that you were, say, 25 per cent responsible reduces what is recoverable by that share. You may still be better off claiming on your own comprehensive policy and paying the excess, depending on the numbers.
This is a judgement call rather than a rule, and it is worth having someone who deals with insurers daily look at the specifics before you commit to one route.
Common questions
Do I pay an excess if I was not at fault?
Generally not, if the other driver is identified and fault is clear, because the claim runs against their insurer rather than your policy. If the other driver cannot be identified, or fault is disputed, your own policy and its excess may come into play.
How long can I keep a replacement car?
For as long as your own car is genuinely off the road because of the accident, which covers the assessment, the parts and the repair. It is not open-ended, and unreasonable delay on your side is not recoverable.
Will claiming affect my no-claim bonus?
A not-at-fault claim where the other driver is identified should not, because the cost is recovered from them. Check the wording of your own policy, because insurers treat this differently.
The other driver wants to pay cash and not involve insurers. Should I?
Be careful. Damage that looks cosmetic often is not, and once you have accepted a payment it is difficult to go back for more. Get the car assessed before agreeing to any figure.