Not At Fault Accident? Here's What You're Actually Entitled To in Australia
Being hit by someone else's negligence is bad enough. What makes it worse is not knowing your rights — and accepting less than you're entitled to because no one explained what "not at fault" actually means for your claim.
The reality is that not-at-fault accident victims in Australia have significantly more rights than most people exercise. This guide covers all of them.
First: Establishing Fault
Not all accidents have clear fault, but many do. Rear-end collisions, vehicles running red lights, being hit while legally parked — in these situations fault is typically unambiguous.
In genuinely contested situations, fault is determined by:
- Evidence gathered at the scene (photos, dashcam footage, witnesses)
- Police reports (if applicable)
- Insurance company assessment
- AFCA arbitration if parties dispute
For the purposes of this guide, we're covering situations where you were not at fault — either clearly accepted by the other party's insurer, or reasonably established.
Your Rights as a Not-At-Fault Driver
1. The At-Fault Driver Is Responsible for Your Repair Costs
The fundamental principle is straightforward: if someone else damaged your vehicle through their negligence, they — or their insurer — should pay for the repairs. You should not be out of pocket for an accident you didn't cause.
In practice, there are two paths to getting your vehicle repaired:
Path A: Claim through your own insurer Lodge with your own insurer, pay your excess upfront, and your insurer chases the at-fault driver's insurer for recovery. Your excess is typically refunded once the other insurer accepts liability. This path is faster and more certain.
Path B: Claim directly against the at-fault driver's insurer If the other driver has comprehensive insurance, their insurer is liable for your repairs. You deal directly with their insurer — no excess, no impact on your own policy. This path can be slower and involve more back-and-forth, but results in zero out-of-pocket costs.
Your choice between these paths depends on the specific circumstances, the insurers involved, and how clearly fault is established. We can advise you on which makes more sense for your situation.
2. Your Excess May Be Waived
If your insurer accepts that you were not at fault, most comprehensive policies include a provision to waive the excess — meaning you pay nothing upfront and your insurer recovers costs from the at-fault party's insurer.
Check your PDS for your specific policy's not-at-fault excess provisions. And ask your insurer directly: "Is the excess waived for not-at-fault claims?" The answer should be in your policy.
3. You Are Entitled to an Accident Replacement Vehicle
If your vehicle is off the road for repairs due to a not-at-fault accident, you are generally entitled to a replacement vehicle for the duration of the repairs.
Under the General Insurance Code of Practice, if your insurer is funding the repairs, they must arrange a hire vehicle if your policy includes this benefit. Most comprehensive policies do.
For not-at-fault claims against the other driver's insurer, many jurisdictions allow you to claim a rental vehicle as part of your losses. This area of law is somewhat complex — if the other insurer disputes this, getting legal advice is worthwhile.
Some accident management companies specialise in arranging not-at-fault accident replacement vehicles. This can be a practical solution that avoids upfront rental costs.
4. You Have the Right to Choose Your Own Repairer
Whether you're claiming through your own insurer or the at-fault driver's insurer, you retain the right to choose your own panel beater. This is one of your most important rights and one that's most frequently overlooked.
See our full guide: Can I Choose My Own Panel Beater?
Don't let any insurer tell you otherwise. You can nominate North Geelong Accident Repair Centre regardless of which insurer is paying for the repair.
5. Your No-Claims Bonus Should Not Be Affected
A not-at-fault claim, properly recorded, should not affect your no-claims bonus or your premium renewal. This isn't always automatic — confirm with your insurer that the claim is being recorded as not-at-fault.
If your insurer subsequently raises your premium following a not-at-fault claim, this is worth challenging and potentially escalating.
6. You Are Entitled to Genuine Repairs to Pre-Accident Condition
"Pre-accident condition" is the legal standard for insurance repairs in Australia. This means genuine parts where appropriate, proper structural repair, and a repair that restores your vehicle to the condition it was in before the accident — not a lesser standard.
If your vehicle was in excellent condition prior to the accident, you're entitled to a repair that reflects that. If the repairer or insurer is proposing to use aftermarket parts or a repair standard you're uncomfortable with, you can challenge this.
Common Mistakes Not-At-Fault Drivers Make
Accepting liability too quickly. Don't admit fault at the scene even if you feel guilty or want the situation to be over. Full facts aren't always clear in the immediate aftermath.
Not documenting enough. Photos, witnesses, dashcam footage — get everything you can. It matters when fault is disputed later.
Agreeing to the insurer's repairer without question. This is your right to exercise, and it makes a real difference to repair quality.
Not asking about the excess waiver. Many drivers pay an excess on not-at-fault claims because they didn't ask whether it could be waived.
Not claiming a replacement vehicle. Many not-at-fault drivers absorb significant inconvenience and cost (Ubers, borrowed cars, missed work) without knowing they were entitled to a replacement vehicle.
Accepting a cash settlement for less than repair cost. Some insurers or at-fault drivers offer cash settlements. Before accepting, get a professional repair quote to know the actual cost. An undersettlement of a few hundred dollars today can cost you significantly more when the repair is done properly.
What to Do Right Now If You've Had a Not-At-Fault Accident
- Get a free written repair quote from NGARC — you need the actual number before making any insurance decisions
- Call your insurer and ask specifically: "Is my excess waived for a not-at-fault claim?"
- Ask about a replacement vehicle if you're without transport
- Assert your right to choose NGARC as your repairer when the claim is set up
- Keep all documentation — photos, correspondence, receipts for any out-of-pocket costs
We Work For You — Not the Insurer
At North Geelong Accident Repair Centre, we've managed hundreds of not-at-fault insurance claims for Geelong drivers. We know the process, we know the rights, and we advocate for our customers to ensure they receive the full repair quality they're entitled to.
Call 03 4244 8938 or book a free assessment online.
6 Freedman St, North Geelong VIC 3215 | Mon–Fri 8AM–5PM | 24hr Towing: 0420 801 465