Someone crashes into your car and you know it wasn’t your fault. Now you’re dealing with damaged property, potential injuries, and the hassle of figuring out how to get everything fixed and paid for without covering costs that shouldn’t be yours.
A not at fault claim protects you from paying for someone else’s mistake. When you prove the other driver caused the accident, your insurer steps in to waive your excess and coordinate repairs. You may also qualify for a hire car while yours is off the road. The process involves specific steps that make all the difference between a smooth claim and months of frustration.
This guide walks you through making a successful not at fault claim in Australia. You’ll learn exactly what evidence to gather at the scene, how to notify your insurer and lodge the claim correctly, what documents you need to provide, and how to handle tricky situations like uninsured drivers or when the other party disputes responsibility.
What a not at fault claim means
A not at fault car accident claim occurs when another driver causes damage to your vehicle and you bear no responsibility for the incident. You submit the claim to your own insurer, who then recovers costs from the at-fault driver’s insurance company. Your excess gets waived and your premiums shouldn’t increase, provided you supply the other driver’s details (name, address, and registration number).
How insurers establish fault
Insurance companies examine road rules and evidence to determine liability. They review police reports, witness statements, photos of damage, dashcam footage, and the position of vehicles after impact. Common not at fault scenarios include rear-end collisions where you were stationary, incidents where another driver ran a red light, or situations where someone reversed into your parked car.
The key to a successful not at fault car accident claim is proving the other party breached their duty of care while driving.
Your insurer needs concrete proof that places responsibility on the other driver. This protection extends even when you’re dealing with uninsured motorists, though you’ll need comprehensive cover rather than third party property insurance. The fault determination process typically takes between 7 to 14 days once all evidence reaches your insurer.
Step 1. Stay safe and gather evidence
Your first actions at the accident scene directly impact your not at fault car accident claim success. Move your vehicle to a safe location if possible, turn on hazard lights, and check that everyone is uninjured. Call 000 immediately if anyone needs medical attention or the accident blocks traffic. Remain calm and avoid admitting fault or apologising, as insurers may interpret these statements as liability admissions during their investigation.
Priority checks at the scene
Check for injuries first, then assess whether you need police attendance. In most Australian states, you must report accidents to police if they involve injuries, fatalities, hit and run situations, or suspected drink driving. Even minor accidents benefit from police reports, which provide independent verification of fault. Exchange details with the other driver but keep conversations brief and factual.
Evidence you need to collect
Gather complete information from the other driver to support your claim. Document everything using your phone or camera. The stronger your evidence, the faster your insurer can process the claim and waive your excess.
Required details:
- Other driver’s full name, address, and phone number
- Vehicle registration number and make/model
- Driver licence number
- Insurance company name and policy number
- Witness names and contact details
Photos to capture:
- All vehicle damage from multiple angles
- Road conditions, traffic signs, and lane markings
- Skid marks or debris
- Overall accident scene showing vehicle positions
- Other vehicle’s registration plate
Strong photographic evidence from the scene removes doubt about fault and speeds up your claim approval by weeks.
Note exact accident location, time, weather conditions, and traffic circumstances in your phone. These details become critical if the other driver later disputes responsibility.
Step 2. Notify insurers and lodge the claim
Contact your insurance company within 24 hours of the accident, even if you haven’t decided whether to make a formal claim. Most Australian insurers allow you to lodge a report without immediately triggering a claim, which protects your position if the other driver later disputes fault or disappears. Your insurer opens a file, records the incident details, and advises you on next steps based on your specific policy coverage.
When to report the accident
Report accidents immediately if they involve significant damage, injuries, or disputes about fault at the scene. You must notify your insurer within the timeframe specified in your policy (typically 30 days) to avoid rejection of your not at fault car accident claim. Contact the other driver’s insurance company separately to inform them you’ll be claiming against their client, but avoid providing detailed statements until you’ve spoken with your own insurer first.
Delaying your claim notification gives the other party time to fabricate alternative versions of events that complicate fault determination.
What information your insurer needs
Prepare these details before contacting your insurer to speed up the lodgement process. Most companies now accept claims online or via phone, with some offering mobile apps for uploading photos directly from the accident scene.
Essential claim information:
- Your policy number and vehicle registration
- Date, time, and exact location of accident
- Other driver’s details (name, address, registration, insurer)
- Witness contact information
- Police report number (if applicable)
- Photos of all damage and the scene
- Description of how the accident occurred
Your insurer assigns a claims assessor who contacts you within 48 hours to discuss the next steps, arrange vehicle inspection, and confirm whether your excess will be waived based on the evidence provided.
Step 3. Handle repairs, excess and hire car
Your insurer coordinates the repair process once they accept your not at fault car accident claim. They typically direct you to their approved repairer network, which offers guaranteed quality and faster processing times. You can choose your own repairer, but this may affect your excess discount and repair warranty coverage. Most insurers arrange vehicle inspection within 48 hours and provide repair quotes within five business days of assessment completion.
Getting your repairs sorted
Your insurer sends a qualified assessor to inspect the damage and determine repair costs. The assessor takes photos, documents all damage, and checks for pre-existing issues that aren’t covered by your claim. Once approved, the repairer orders parts and schedules your vehicle in for work.
Typical repair timeline:
- Minor damage (panels, paint): 5 to 7 days
- Moderate damage (structural, multiple panels): 10 to 14 days
- Major damage (frame, mechanical): 3 to 6 weeks
- Total loss assessments: 7 to 10 days for payout
Approved repairers provide lifetime guarantees on workmanship and parts, protecting you from future repair costs if problems emerge.
Your excess and when it’s waived
Insurers waive your excess completely when you provide the other driver’s name, address, and registration number. Without these details, you must pay the full excess amount upfront (typically $600 to $1,000 depending on your policy). Your insurer attempts to recover this from the at-fault party later, but you bear the initial cost.
Arranging a replacement vehicle
Most comprehensive policies include hire car cover for not at fault claims, providing a replacement vehicle while yours gets repaired. You receive a comparable car (similar size and type) for the repair duration, with no daily charge. Contact your insurer within 24 hours to arrange the hire car, as they coordinate directly with rental companies in their network. Some policies limit hire car duration to 14 or 21 days regardless of repair time.
Step 4. Deal with tricky situations
Not every not at fault car accident claim proceeds smoothly. You may encounter situations where the other driver lacks insurance, disputes their responsibility, or provides false information. Understanding your options and rights in these scenarios prevents you from accepting unfair outcomes or paying costs that belong to someone else.
When the other driver is uninsured
Your comprehensive insurance still covers your vehicle damage even when the at-fault driver has no insurance. You pay your excess initially, then your insurer pursues the uninsured driver directly to recover costs. This process takes three to six months on average, and your insurer refunds your excess once they successfully recover the money. Without comprehensive cover, you need to take the other driver to your local court with a Statement of Claim, which costs around $200 to lodge.
Comprehensive insurance protects you from bearing the financial burden when uninsured drivers cause accidents, making it worth the extra premium cost.
If fault gets disputed
Contact your insurer immediately if the other driver changes their story or denies responsibility. Your insurer’s legal team handles all negotiations with the other party and their insurance company. Provide any additional evidence you gather, including dashcam footage, witness statements, or photos you didn’t initially submit. Strong documentation from the scene becomes critical when liability disputes arise.
Steps when fault is disputed:
- Submit all evidence to your insurer within 48 hours
- Avoid direct contact with the other driver or their insurer
- Request police attendance reports if not already obtained
- Document any new communications or threats from the other party
- Let your insurer’s legal team manage all correspondence
Your insurer may involve independent assessors or seek legal opinions to establish fault definitively, which extends your claim timeline by four to eight weeks.
Key takeaways
Making a successful not at fault car accident claim requires immediate action at the scene and thorough documentation of all evidence. Collect the other driver’s details, photograph damage from multiple angles, and notify your insurer within 24 hours to protect your position. Your excess gets waived when you provide complete information, and comprehensive cover protects you even when dealing with uninsured drivers.
Choose approved repairers for lifetime warranties and faster processing times. Most claims resolve within two weeks when you supply strong evidence, but disputed liability cases extend this timeframe significantly. Keep communication through your insurer rather than contacting the other party directly.
National Cover offers comprehensive car insurance with expert claims support, replacement vehicles for not at fault incidents, and competitive pricing designed specifically for Australian drivers.
