There are alternatives to using your insurer and risking paying an excess
If you’re a not-at-fault driver and your car is not driveable or requires repairs, understanding your options beyond insurance can also be helpful. I’m in the Right provides eligible not-at-fault drivers with accident replacement vehicles for the full period their own vehicle is unavailable — typically while repairs are completed or a claim is resolved. This differs from some insurance policies that may limit hire cars to around two weeks.
As part of the service, we also offer Accident Management support. Rather than lodging a claim under your own policy and risk paying excess upfront, our team can assist you in determining if you need to use your insurer or can submit all repairs through the at-fault driver’s insurer.
What Is a Car Insurance Excess and Why Does It Exist?
A car insurance excess is the fixed amount you agree to pay towards a claim before your insurer covers the remaining repair or replacement costs. It applies whenever you lodge a claim under your policy, unless specific conditions allow it to be waived.
Most comprehensive policies include:
- A basic excess (the standard amount shown on your certificate of insurance)
- Possible additional excesses, such as for young or unlisted drivers
The purpose of an excess is to share risk between you and the insurer. It helps discourage minor claims and keeps premiums more affordable overall. In simple terms, it’s your contribution to the claim.
For example, if your repair bill is $5,000 and your excess is $800, you pay $800 and your insurer pays the remaining $4,200.
However, whether you must pay that excess when the accident wasn’t your fault depends on the circumstances — and your insurer’s policy terms.
Do I Pay Excess If an Accident Is Not My Fault?
This is one of the most common questions drivers ask: Do I pay excess if an accident is not my fault?
In many cases, you do not have to pay an excess if:
- The other driver was entirely at fault, and
- You can provide their full name, address, and vehicle registration details, and
- Your insurer is satisfied they can recover the costs from the at-fault driver or their insurer.
If those conditions are met, your insurer will usually waive the excess from the start.
When You May Still Need to Pay the Excess
However, if fault is unclear, the required details are missing, or the at-fault driver does not have third-party or comprehensive insurance, your insurer may still require you to pay the excess upfront so repairs can begin. This doesn’t automatically mean you’re considered at fault — it simply means liability hasn’t yet been finalised.
Each insurer’s Product Disclosure Statement (PDS) sets out the exact criteria for waiving excess in not-at-fault claims. Always review your policy wording carefully.
What Happens If Fault Hasn’t Been Confirmed Yet?
In real-world claims, fault isn’t always determined immediately.
If the other driver disputes responsibility, delays responding, or fails to provide a statement, your insurer may:
- Proceed with repairs under your policy
- Require you to pay the excess upfront
- Investigate liability in the background
This can feel frustrating, especially when the circumstances seem obvious. But insurers typically need to confirm liability formally before waiving or refunding excess.
Once liability is confirmed and your insurer successfully recovers costs from the at-fault driver (or their insurer), you will usually get your excess back.
Timeframes vary. It may take weeks or even months if there is a dispute or if the at-fault driver is slow to cooperate.
If you believe fault is clear and your excess has not been refunded after liability is resolved, you can raise a formal complaint through your insurer’s internal dispute process and, if necessary, escalate to the Australian Financial Complaints Authority (AFCA).
Understanding how excess works — especially in not-at-fault accidents — helps you avoid surprises and make informed decisions immediately after a crash.
Do You Get Your Excess Back If the Accident Wasn’t Your Fault?
If you’ve already paid your excess, you’re probably wondering: Do you get your excess back if the accident wasn’t your fault?
In most cases, yes — but only once your insurer has confirmed liability and successfully recovered costs from the at-fault driver or their insurer.
Here’s how it usually works:
- You pay your excess so repairs can begin.
- Your insurer investigates the accident.
- If the other driver is found entirely at fault, your insurer seeks recovery from them (or their insurer).
- Once recovery is successful, your excess is refunded.
The key point is that excess refunds are generally linked to cost recovery, not just fault determination. Even if your insurer considers you not at fault, they may wait to refund the excess until they have successfully recovered the costs from the at-fault driver or their insurer, depending on the circumstances and the policy terms.
If the at-fault driver is uninsured, uncontactable, or disputes liability, recovery can take time. In some cases, if recovery is unsuccessful, you may not receive your excess back — even if you were not responsible for the accident.
This is why gathering complete and accurate information at the scene is critical.
When You Might Still Have to Pay an Excess
Even in a not-at-fault accident, there are situations where you may still have to pay an excess.
Common examples include:
You Can’t Provide the At-Fault Driver’s Details
Most policies require you to provide the other driver’s full name, address, and vehicle registration. Without these details, insurers may treat the claim as “unidentified third party,” meaning excess applies.
Fault Is Shared
If your insurer determines you were partially responsible — even 10% — excess will usually apply.
The At-Fault Driver Is Uninsured
Your insurer may still repair your vehicle under your comprehensive policy, but you may have to pay the excess while they attempt recovery.
It’s a Hit and Run
If the other driver leaves the scene and cannot be identified, excess usually applies.
The Incident Isn’t Another Driver’s Fault
Events like hail, vandalism, theft, or storm damage generally require you to pay your basic excess, even though you didn’t cause the damage.
Every policy is different, so your Product Disclosure Statement (PDS) is the definitive guide.
What Details You Must Provide to Avoid Paying Excess
If you want the best chance of avoiding excess in a not-at-fault accident, you need strong documentation.
At minimum, collect:
- The at-fault driver’s full name
- Residential address
- Phone number
- Vehicle registration
- Insurance company (if possible)
- Photos of the vehicles and scene
- Witness details (if available)
Many policies specifically state that excess will only be waived if the insurer is satisfied another driver was entirely at fault and you provide their identifying details.
If police attend, request an event number. While not always required, a police report can strengthen your position in disputed claims.
Taking five extra minutes at the scene to gather complete information can be the difference between paying an excess upfront and having it waived entirely.
How Insurance Policies Differ on Excess Waivers
Not all insurers apply the same rules when it comes to waiving excess in a not-at-fault accident.
While many policies state that you won’t pay excess if:
- The other driver was entirely at fault, and
- You provide their full name, address, and registration details,
the wording in each Product Disclosure Statement (PDS) can vary.
Some insurers:
- Require confirmation of recovery before refunding your excess
- Apply excess upfront and refund later
- Have stricter identification requirements
- Apply additional excesses in certain driver-related situations
It’s important to understand that insurers don’t simply rely on who “admits” fault at the scene. They assess liability based on evidence, statements, damage reports, and road rules.
If you’re unsure how your policy handles not-at-fault claims, check:
- The section titled “Excess”
- The definition of “No Fault Accident”
- The recovery and refund conditions
Understanding these details before an accident occurs can prevent confusion later.
What to Do If Your Insurer Refuses to Refund Your Excess
If you believe you were not at fault and your insurer has refused to waive or refund your excess, you have options.
Step 1: Request Written Reasons
Ask your insurer to explain in writing why excess applies and how liability was determined.
Step 2: Provide Additional Evidence
Submit any further documentation you may have, such as:
- Dashcam footage
- Witness statements
- Police event numbers
- Photos of the damage and accident scene
Sometimes a claim decision changes once additional information is reviewed.
Step 3: Lodge an Internal Dispute
Every insurer in Australia must have an Internal Dispute Resolution (IDR) process. You can formally request a review of the decision.
How Not-at-Fault Drivers Can Stay Mobile Without Relying on Their Own Insurance
One of the biggest frustrations after a crash is being left without a car — especially when the accident wasn’t your fault.
If you claim through your own comprehensive insurance, you may:
- Have to pay your excess upfront
- Use your policy’s hire car benefit (if included)
- Be limited to a short hire period under your policy terms
Some insurers restrict hire cars to a set timeframe under certain policies — often around two weeks — even if your vehicle remains off the road longer.
Under Australian common law, you may be entitled to recover the reasonable cost of a comparable replacement vehicle from the at-fault driver.
I’m In The Right supports eligible not-at-fault drivers with like-for-like replacement vehicles for as long as their own car is genuinely off the road — typically until repairs are completed or the claim is resolved. Our service operates 24 hours a day, 7 days a week, and is available across multiple Australian states, helping drivers stay mobile when they need it most.
Rather than lodging a claim under your own policy and paying excess upfront, eligible drivers may be able to access replacement transport without out-of-pocket hire costs, while the hire fees are recovered from the at-fault driver’s insurer.
This pathway can be particularly helpful for:
- Families who rely on a specific vehicle size
- Tradespeople or business owners needing commercial vehicles
- Drivers of luxury vehicles seeking comparable transport
Understanding your options early can significantly reduce stress and financial pressure.
Key Takeaways for Not-at-Fault Drivers in Australia
If you’re asking, “Do I pay excess if an accident is not my fault?” the answer is: not always — but it depends on the details and your policy terms.
Here’s what to remember:
- You usually won’t pay excess if the other driver is entirely at fault and you provide their full identifying details.
- If excess is paid upfront, it is typically refunded once recovery is successful.
- If fault is shared, unclear, or recovery fails, excess may apply.
- Missing information at the scene is one of the most common reasons excess is charged.
- You have the right to dispute an insurer’s decision through internal and external complaint processes.
Most importantly, not-at-fault drivers have options. Understanding how excess works, how liability is assessed, and what documentation is required puts you in a stronger position from the moment an accident occurs.
Taking the right steps early can protect your finances, reduce stress, and ensure you’re not left out of pocket for something that wasn’t your fault.
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