Not at Fault in a Crash? 9 Key Rights Every Aussie Driver Should Know

Being involved in a car crash is stressful enough, but when it’s a not-at-fault accident, the frustration can multiply if you’re left out of pocket or unsure how to proceed. Many Australian drivers don’t realise they have clear rights when someone else causes the damage. From avoiding excess payments to securing a replacement vehicle, knowing these rights can save you time, money, and stress.

This guide outlines nine essential rights every Aussie driver should understand after a not at fault accident. Whether you’re dealing with insurers, police, or the other driver, this is what you need to know.

Understanding Fault in Road Accidents

Before we explore your rights, it’s important to understand how fault is determined. Fault is generally assigned based on:

• Driver statements
• Police reports
• Dash cam footage
• Witness accounts
• Traffic laws and conditions

In a car insurance claims not my fault scenario, the onus is usually on the other party’s insurer to accept liability and compensate for losses. If liability is contested or unclear, claims can take longer to process. That’s why preserving evidence is critical.

Fault can be shared (contributory negligence), disputed, or even reassigned during an investigation. In such cases, presenting a structured and well-documented case is vital. This is where having written documentation, such as incident timelines, photographic proof, and a paper trail of insurer communication, can strengthen your position. We help drivers gather the right evidence and communicate clearly with insurers using legally sound letter templates.

1. Right to Repair Without Paying an Excess

One of the most common questions we hear is: do I have to pay excess if not my fault? The answer is no—provided the at-fault driver is identified and accepts liability.

You should not be out of pocket if someone else causes the damage. The at-fault driver’s insurer is responsible for paying the repair bill. However, if you go through your insurer and the other party hasn’t been confirmed, you may be asked to pay your excess up front. It should be refunded once the fault is settled.

Unfortunately, some insurers will request excess early “as a precaution,” even in cases where the third-party driver is clearly at fault. This is often a tactic to limit immediate losses on their part. We help drivers push back on excess demands where fault has already been determined and the other party is known. If your insurer or the at-fault driver’s insurer is asking for excess incorrectly, we offer clear templates to dispute it and ensure you receive prompt reimbursement or a waiver.

2. Right to Choose the Repairer

Insurers often pressure drivers to use one of their “preferred repairers.” But under Australian consumer law, you usually have the right to choose your own mechanic or body shop, especially if you’re not at fault.

Choosing your repairer gives you control over the quality of the repair and the timeframe. It can also offer peace of mind, particularly if you’ve had positive past experiences with a specific business. If your chosen repairer quotes more than the insurer’s, they may challenge the price, but you’re entitled to negotiate.

We provide customisable letter templates that formally notify the insurer of your choice and protect your right to approve or reject the repair plan. This ensures that the work on your vehicle is carried out to your standards and not rushed for the insurer’s convenience.

3. Right to a Hire Car While Yours Is Off the Road

After a not-at-fault accident, you are generally entitled to a replacement vehicle—at the at-fault party’s expense—if your car is undrivable or in repair.

At I’m In The Right, we provide like-for-like replacement vehicles to eligible not-at-fault drivers with No Out-of-Pocket Expenses*. We recover the hire cost from the at-fault party’s insurer and manage the paperwork on your behalf.

Many drivers are unaware that they don’t need to accept substandard vehicles or out-of-pocket hire options while their car is off the road. You don’t need to wait for an insurer’s approval or rely on limited hire offers. We assess your eligibility quickly and aim to deliver a vehicle to your door as soon as possible.

4. Right to Claim Losses Beyond Repairs

The damage from a crash doesn’t stop at panel beating. You may be entitled to claim:

• Towing and storage fees
• Ride-share or public transport costs
• Lost income if you can’t work
• Damage to personal belongings inside the car
• Registration or admin costs linked to a written-off vehicle

These are considered consequential losses and are claimable from the at-fault driver’s insurer. Many drivers aren’t aware that these additional costs are often reimbursable. We help clients structure these claims clearly and fairly using our pre-drafted support letters. These templates include line-item breakdowns, standard legal phrasing, and supporting evidence prompts to maximise claim acceptance.

5. Right to Access the At-Fault Driver’s Insurance

You’re legally allowed to request the name of the at-fault driver’s insurer and their policy details. This allows you to claim directly, instead of relying on your insurer.

If the other party refuses to share their insurance details, we provide a formal request letter that asserts your right to this information. We also help drivers lodge requests with the police if the other driver’s information is incomplete or false.

Knowing which insurer is responsible allows you to fast-track your repair, hire a car, and handle damage claims. Direct communication reduces delays and can help you avoid unnecessary disputes over coverage or liability.

6. Right to Decline a Quick Payout Offer

Insurers sometimes offer a fast settlement amount after a crash. While it may seem convenient, these offers can be far less than the true cost of repair, replacement, or associated losses.

Quick settlement offers often include language that limits your right to claim additional or future losses. Always review these offers carefully. You have every right to assess your full damage and consider independent repair quotes. Never feel pressured to accept an offer that doesn’t fully cover your losses.

We help drivers calculate their actual costs and respond with a formal counter-offer if needed. Our templates ensure your communication is professional, firm, and legally sound—and make clear that you’re aware of your rights and unwilling to settle for less.

7. Right to Request a Copy of the Police Report

In many states, you can request a copy of the police report to support your claim. This document can clarify the fault, capture officer observations, and list witness information.

It’s especially useful in car insurance claims not my fault where there’s dispute or missing evidence. Police reports often carry weight with insurers, especially when officers have noted contributing factors or given a citation to the other party.

Each state has its process and fees for accessing the report, which we outline for clients. Our templates include formal police report request letters that make the process easier and ensure your claim has the best supporting documentation possible.

8. Right to Dispute Liability if Blamed Incorrectly

If an insurer or police officer incorrectly assigns fault to you, you’re not powerless. You have the right to dispute the decision using:

• Dash cam footage
• Witness statements
• Road condition reports
• Independent repair assessments

Incorrect fault assignments can affect your premiums, ability to claim excess, and even your driving record. We support drivers in preparing compelling rebuttals using structured, persuasive letters that highlight evidence and cite relevant consumer and traffic laws.

What to do after a car accident, not your fault? Gather everything—photos, footage, documents—and act promptly to respond to liability disputes. Our letters give you a clear structure and legal foundation to challenge decisions confidently.

9. Right to Seek Help Without Involving a Lawyer First

You don’t need to go straight to a solicitor to defend your rights. Legal advice can be expensive and slow. We provide a faster, low-cost alternative by giving you the tools to speak up clearly and professionally.

From repair disputes to insurer delays and fault challenges, our templates cover common issues in not-at-fault accident claims. They’re written in plain English and designed to match common legal and insurance scenarios.

You stay in control, reduce legal fees, and often achieve results without escalation. Our goal is to empower you to act without being overwhelmed by legal jargon or intimidated by complex processes.

Conclusion

If you’ve been in a not-at-fault accident, your rights matter. Knowing—and using them—can make all the difference between a smooth recovery and a drawn-out, unfair process.

Don’t accept what you’re told at face value. Ask questions. Record everything. And don’t be afraid to push back when necessary. With the right support, Aussie drivers can stand up for themselves and avoid unnecessary stress and cost.

How I’m In The Right Supports Drivers After a Crash

At I’m In The Right, we support drivers who’ve been involved in a not at fault accident—from getting back on the road to dealing with tricky insurers.

Our services include:

• No rental cost to you* like-for-like replacement vehicles while your car is being repaired
• Customisable letters to challenge excess charges, dispute fault, or claim damages
• Templates to request police reports or communicate with the other driver’s insurer
• Guidance on how to protect your rights under Australian consumer and car accident law

If you’ve been hit and left dealing with the fallout, contact us today. We’ll help you respond firmly, confidently, and without unnecessary legal costs. Our process is clear, fast, and always focused on helping you secure your rightful outcome.