Your rights when you’re not at fault
When someone else causes a crash, the law says they (and so their insurer) must put you back in the position you were in before it happened. That covers the reasonable cost of repairing your car and, while it’s being repaired, the reasonable cost of hiring a comparable car.
In 2021 the High Court of Australia confirmed in Arsalan v Rixon that a not-at-fault driver can recover the cost of hiring a replacement car comparable to their own while it’s off the road. You don’t have to make do without a car, or with a lesser one, to save the at-fault driver’s insurer money.
Why not just call your own insurer?
You can — and if fault is disputed or the other driver is unknown, that may be the right move. But if they’re clearly at fault and insured, claiming on your own policy means you may pay your excess up front, the claim sits on your record while it’s sorted out, and a hire car may not be included at all.
Claiming directly against the at-fault driver’s insurer — which is what we do on your behalf — usually avoids all of that.
What you’ll need
- The other driver’s name, phone number and address
- Their registration number and, ideally, their insurer
- Photos of both cars and the scene, if you have them
- Dashcam footage or witness details, if available
- A police event number if police attended or you reported it
Missing something? Send what you have — we’ll tell you if there’s enough to go ahead. Our what to do after a car accident checklist covers the rest.
How it works
- Tell us what happened — online or by phone. We check liability and insurance details first.
- We explain the agreement in plain English before you sign anything.
- We collect your car (or you drop it off) and arrange a comparable replacement car.
- A partner workshop repairs your car; we keep you updated by text.
- We return your car, collect the replacement, and recover the costs from the at-fault driver’s insurer.
Being upfront with you
Not-at-fault claims depend on the other driver being at fault and insured, and on their insurer accepting liability. If fault is unclear, or the other driver is uninsured, we’ll tell you before anything is signed and talk you through your other options. You’ll always know where you stand.
Replacement cars are supplied by our sister company, National Hire Car. Repairs are carried out by our partner workshops.