If you’re in a car accident in Australia and it’s not your fault, the at-fault driver’s insurance must cover the cost of your replacement car. This applies even if you only have third-party insurance. You’re entitled to a like-for-like vehicle while your car is being repaired or until a settlement is reached if it’s written off. No upfront payments are required, as costs are billed directly to the at-fault insurer. However, you are responsible for fuel, tolls, and any fines during the hire period. Acting quickly, gathering evidence, and reporting the incident within 24 hours ensures a smoother process. Services like Not My Fault Car Hire manage the paperwork and liaise with insurers, making it easier for you to get back on the road.
AAMI’s claims process for repairing or replacing cars after an accident
Your Rights as a Not-At-Fault Driver in Australia
In Australia, the law ensures that if you’re not at fault in a car accident, you won’t be unfairly burdened by someone else’s negligence. These protections apply even if you don’t have comprehensive insurance, and understanding them can save you both stress and money.
A recent study found that 74% of Australians don’t know their rights following a not-at-fault accident. This lack of awareness often leads to unnecessary costs or going without a replacement vehicle when you’re entitled to one.
"Under Australian law, not at fault drivers and riders are entitled to be put back into the position they were in prior to their accident. This means you’re entitled to a like-for-like vehicle while yours is being repaired." – Right2Drive
Below, we break down these rights and explain how to secure a replacement vehicle.
What Does ‘Not-At-Fault’ Mean?
Being ‘not-at-fault’ means you hold less than 50% responsibility for the accident. Fault is determined based on evidence, road rules, and official assessments.
To strengthen your case, collect and document evidence such as photos, witness contact details, and police reports.
Important: Never admit fault at the scene of the accident. Even if you’re unsure, let insurance assessors and authorities decide liability after reviewing all the evidence.
If you’re wrongly assigned fault, you can challenge the decision. Use dashcam footage, witness statements, road condition reports, or seek an independent assessment to support your claim.
Who Can Get a Replacement Vehicle
Your legal rights extend to replacement vehicles, but not everyone qualifies. Eligibility hinges on specific criteria and timely action.
To qualify, you need to be confirmed as not-at-fault and report the accident within 24 hours, even if you have only third-party insurance.
Timing is critical. You’re typically entitled to a replacement vehicle for the duration of your car’s repair. If your car is written off, this entitlement usually continues until you receive a settlement. Acting quickly after the accident ensures a smoother process.
Even if you only hold third-party insurance, you can still access a replacement vehicle if you’re not at fault. This right isn’t tied to your own insurance policy but rather to the at-fault driver’s insurer, which is responsible for covering your losses.
What Is a ‘Like-for-Like’ Vehicle?
A ‘like-for-like’ vehicle is a temporary replacement that closely resembles your own car in size, type, and key features. This ensures that your daily life isn’t disrupted while your car is being repaired.
"A like-for-like replacement vehicle is a temporary loan vehicle that mirrors your personal vehicle in terms of size, type, and features. It ensures that your daily routine isn’t disrupted simply because you were involved in an accident that wasn’t your fault." – Im in the right
The focus is on practicality, not luxury. This means the replacement vehicle will meet your everyday needs, helping you get back to your routine quickly and safely.
Who Pays for the Replacement Car?
Getting a clear picture of who foots the bill for your replacement vehicle can help ease the stress after an accident.
The At-Fault Driver’s Insurer Pays
In Australia, the law requires the at-fault driver’s insurance company to cover the cost of your replacement car. This obligation is rooted in the legal principle of "damages", which ensures compensation for losses caused by someone else’s negligence.
The insurer of the at-fault driver is responsible for covering hire costs as part of their duty to address the inconvenience and disruption caused by their policyholder’s actions.
"If you find yourself saying it wasn’t my fault after an accident you were involved in, then under Australian Law you have the right to drive a replacement car. Insurance companies don’t readily advertise this given the fact that they will be the ones paying for the costs incurred." – Not My Fault Car Hire
While the insurance industry acknowledges this responsibility, they don’t always make it easy to access. With about 40% of vehicles on the road having been in accidents or damaged, the cost of replacement vehicles can add up significantly for insurers when their policyholders are at fault.
Next, let’s look at why you don’t have to worry about upfront payments.
You Don’t Pay Upfront Costs
If you’re the not-at-fault driver, you won’t need to pay upfront for the hire car. By agreeing to the Hire and Recovery Agreement, the hire costs are billed directly to the at-fault driver’s insurer through established processes.
That said, you’ll still be responsible for some everyday costs, just as you would with your own car. These include expenses like fuel, tolls, and any fines for parking or traffic violations while using the replacement car. Additional fees may apply if the car is returned with less fuel, excessive dirt, or evidence of smoking or vaping inside.
"Not my fault drivers have the right to drive – their costs are to be covered by the at fault driver." – Carbiz
Even with these clear guidelines, some misconceptions still linger.
Common Myths About Payment
There are several myths about who pays for replacement cars, and these misunderstandings often stop people from using their entitlements. One of the most common myths is that you have to pay the replacement car costs upfront. This is incorrect – Australian law ensures that these costs are recoverable from the at-fault driver’s insurer.
"Many people believe that if they need a replacement vehicle after an accident, they will have to pay for it out of their own pocket. However, Australian law entitles you to a replacement vehicle, with the costs recoverable from the at-fault driver’s insurer." – I’m In The Right
Another misconception is that you have to accept whatever vehicle the at-fault driver’s insurer offers. In reality, you’re entitled to a like-for-like replacement that matches your car’s key features.
Some drivers think the process is too drawn-out or complicated to bother with. While there is paperwork involved, replacement vehicle services take care of most of the administrative tasks, making it a straightforward experience for you.
Others worry that replacement cars might not be well-maintained or insured properly. However, licensed providers ensure that all vehicles are fully insured and meet roadworthy standards before handing them over to customers.
Lastly, there’s a myth that replacement cars are only available for severe accidents. The severity of the accident doesn’t matter – what matters is that you were not at fault.
Knowing these facts can help you confidently navigate the process of securing a replacement vehicle.
How to Get a Replacement Car with Not My Fault Car Hire
If you’ve been in an accident where you’re not at fault, you might be wondering how to secure a replacement vehicle without the hassle or expense. Not My Fault Car Hire makes the process straightforward, offering a no-cost solution to get you back on the road with a like-for-like vehicle. Here’s how it works:
Step 1: Confirm You’re Not at Fault
Before anything else, it’s crucial to establish that the accident wasn’t your fault. To do this, gather as much evidence as possible right after the incident:
- Snap photos of all vehicles involved, the accident scene, and any visible damage.
- If there are witnesses, jot down their contact details and ask for a brief account of what they saw.
- Exchange key information with the other driver, including their name, address, vehicle registration number, driver’s licence number, and the exact time and date of the accident.
- If police attend the scene, make sure to get the police event number. This will be essential when arranging your replacement vehicle.
Step 2: Share the Necessary Details
Once you’ve compiled all the relevant information, reach out to Not My Fault Car Hire to start the process. You can either apply online or call them directly at 1800 699 034. Be ready to provide details like:
- Photos of the accident
- The at-fault driver’s insurance and contact information
- Any claim or police event numbers
- Your own insurance details
Not My Fault Car Hire operates on a credit hire basis, which means they handle the costs with the at-fault driver’s insurer. All they need from you is your credit card information as security for any fines or tolls you might incur while using the replacement vehicle. Importantly, you won’t have to pay anything upfront for the car hire itself.
Step 3: Let Them Take Care of the Rest
Once you’ve submitted your details, Not My Fault Car Hire steps in to manage everything. They’ll coordinate directly with the at-fault driver’s insurer, deliver a replacement vehicle to your preferred location, and collect it once your car has been repaired. They also handle all the back-and-forth with insurers, so you’re not stuck chasing claims or dealing with endless paperwork.
The replacement car will be delivered wherever it’s most convenient for you – whether that’s your home, the accident site, or your repairer’s workshop. Not My Fault ensures the vehicle matches your original car in terms of size, safety, and comfort, while also considering its age and value. This way, you can continue your daily routine with minimal disruption, knowing you won’t face any out-of-pocket costs for the replacement vehicle.
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Benefits of Using Not My Fault Car Hire
Getting into an accident is stressful enough without adding the hassle of finding a replacement vehicle. Not My Fault Car Hire makes the process simple, getting you back on the road quickly and without extra costs or headaches.
Key Features of Not My Fault Car Hire
Not My Fault Car Hire stands out by offering a range of benefits that traditional car hire services often lack. One of the biggest perks is their fast delivery. In many cases, you can have a replacement vehicle delivered to your home, the accident site, or your repairer’s workshop on the same day. This means no waiting around or relying on others for transport while your car is being repaired.
Their nationwide coverage ensures that no matter where you are – whether in the heart of Sydney or a rural town in Queensland – you’ll receive the same high-quality service. Add to that a simple eligibility process that cuts through the usual insurance claim red tape. A quick form and access to personalised support make the process straightforward and hassle-free.
Another standout feature is the like-for-like replacement vehicle guarantee. This means you’ll get a car that matches your own in size, type, and features. For example, if you drive a family SUV, you won’t be stuck with a tiny compact car that doesn’t meet your needs.
These features come together to create a service that simplifies every aspect of getting a replacement vehicle after an accident.
How Not My Fault Simplifies the Process
Traditionally, securing a replacement car after an accident involves endless phone calls, piles of paperwork, and constant back-and-forth with insurers. Not My Fault Car Hire takes that burden off your shoulders by managing everything for you.
"We manage everything for you, from securing accident replacement vehicles in Brisbane to dealing directly with the at-fault insurer. This eliminates the need to manage claims." – I’m in the Right
Their team handles all the administrative work, from coordinating directly with the at-fault insurer to arranging delivery and collection of your replacement car. You won’t spend hours on hold or chasing updates. Instead, you’ll have real people ready to answer your questions and provide timely updates, letting you focus on getting back to your normal routine.
This approach ensures a smooth, hassle-free experience while protecting your right to a like-for-like replacement vehicle.
Service Versus Self-Management
Here’s a clear comparison of how Not My Fault Car Hire simplifies the process compared to managing it yourself:
| Aspect | Not My Fault Car Hire | Managing It Yourself |
|---|---|---|
| Upfront Costs | $0 billed to the at-fault insurer | Security bonds, deposits, and upfront payments required |
| Time Investment | Minimal – they handle all communication | Hours spent on phone calls and paperwork |
| Delivery Speed | Often same-day delivery | Delays of days or weeks through standard channels |
| Vehicle Quality | Like-for-like replacement guaranteed | Limited to what’s available through your insurer |
| Hire Period | Until your car is repaired | Typically limited to 14–21 days by insurers |
When you handle the process on your own, you essentially take on the role of a claims manager. This means researching rental options, negotiating rates, coordinating with insurers, and chasing payments – all while dealing with the stress of an accident. It’s a time-consuming and frustrating process that can lead to delays and unexpected costs.
With Not My Fault Car Hire, you avoid these complications entirely. There’s no risk of increased insurance premiums or hefty damage excess fees that can exceed $5,500 with standard car hire services.
"If you’re not at fault, you don’t need to pay a cent out of your own pocket." – National Motor Claims
The time and stress saved by using this service are invaluable. Instead of juggling phone calls, insurers, and rental companies, you can keep up with your daily routine, work commitments, and family life with minimal disruption.
Tips to Avoid Delays or Problems
While Not My Fault Car Hire takes care of most of the heavy lifting, there are a few things you can do to keep everything running smoothly. Being proactive and staying on top of the details can save you time and help avoid unnecessary hiccups.
Act Quickly and Stay Organised
Don’t wait – report the accident to your insurer as soon as possible to get the ball rolling on your claim. Each state has its own deadlines for lodging claims. For example:
- NSW: Claims for weekly benefits must be made within 28 days, while Personal Injury Claims allow up to three months.
- Queensland: You have nine months to lodge a claim, with an additional one-month extension if you’re working with a solicitor.
- Victoria: The Transport Accident Commission (TAC) requires claims to be submitted within one year.
Starting early not only helps you meet these deadlines but also speeds up access to your replacement vehicle.
Keep all accident-related details organised and handy. This includes names, contact details, licence numbers, vehicle information, the accident’s location, date, time, road conditions, photos, and witness statements. Keeping copies of these documents for yourself and sharing them promptly with your insurer can simplify the claims process.
Know Your Responsibilities
Even though the hire costs are covered, there are still a few things you’re responsible for during the hire period. For starters, you’ll need to cover fuel and tolls. If the car isn’t returned with the same fuel level as when you received it, you’ll need to refuel it before returning it. Also, make sure the vehicle is clean when you hand it back, as cleaning fees may apply if it’s returned in poor condition.
Be mindful of how you handle the replacement car to avoid additional charges. Smoking or vaping inside the vehicle is strictly prohibited and could result in cleaning fees. Finally, stick to the terms of your hire agreement, including returning the vehicle promptly once your primary car is ready for collection. Following these guidelines will help you avoid extra costs and ensure a hassle-free experience.
Getting Back on the Road After an Accident
Dealing with a car accident can be stressful, but replacing your vehicle doesn’t have to be. By taking a few key steps, you can make the process much smoother and avoid any upfront costs.
The first priority is ensuring safety. Once everyone is safe, exchange necessary details with the other driver, take photos of the scene and any damage, and report the incident to the police if required. Staying organised during this stage is crucial.
After addressing immediate concerns, the next step is securing a replacement vehicle. Once you’ve gathered the necessary information, reach out to Not My Fault Car Hire. They’ll handle the claim and arrange for a replacement vehicle, billing the at-fault driver’s insurance directly. This means no paperwork headaches or out-of-pocket expenses for you.
Here’s how it works: Not My Fault Car Hire can deliver a replacement car to your location – whether it’s your home, the accident site, or your repairer. In many cases, they can do this on the same day. When your vehicle is repaired or a settlement is reached, they’ll collect the replacement car, making the process seamless.
As they explain: "Basically if you provide the required details accurately there will be no cost to you."
The replacement vehicle will match your car in size, type, and features, so you can carry on with your daily life – whether it’s commuting to work, managing school drop-offs, or keeping appointments. Being in an accident that wasn’t your fault shouldn’t disrupt your routine. With the right support, you can confidently get back on the road, knowing the at-fault driver’s insurance covers all costs.
FAQs
What can I do if the at-fault driver’s insurer won’t pay for my replacement car?
If the at-fault driver’s insurer refuses to cover the cost of your replacement vehicle, there are steps you can take to resolve the issue. First, file a complaint with the Australian Financial Complaints Authority (AFCA). This organisation specialises in handling disputes between consumers and insurers, often helping to mediate and find a resolution.
Should the issue persist, it might be time to seek legal advice. A lawyer with expertise in motor vehicle accident claims can help you understand your options and guide you through the process to protect your rights. It’s important to know that, as a not-at-fault driver in Australia, you have the right to a like-for-like replacement vehicle while your car is being repaired or as you await a settlement.
How can I make sure the replacement car is similar to my own vehicle?
To get a replacement car that closely matches your original vehicle, be sure to share detailed information like the make, model, and key specifications – think size, features, and fuel type. Providing photos or relevant documents to the rental company or your insurer can also make a big difference. This way, you can ensure the replacement vehicle suits your needs and driving preferences.
Could I ever need to pay upfront for a replacement car if I’m not at fault in an accident?
In certain cases, you might need to cover an upfront cost for a replacement vehicle. This often happens when the rental company or insurer requires a deposit or initial payment due to specific policies or lack of prior arrangements.
That said, many providers, like Not My Fault Car Hire, typically don’t require upfront fees for drivers who aren’t at fault. To steer clear of unexpected costs, it’s always smart to check the terms with your insurer or the rental company beforehand.
