If you were not at fault in a car accident, you can generally keep a hire car for as long as your own vehicle is unavailable due to repairs or claim assessment.
In most not-at-fault situations, this means you can keep the replacement vehicle:
- While your car is being repaired, or
- Until your claim is finalised and settled
You are legally entitled to recover the reasonable cost of a comparable replacement vehicle from the at-fault driver’s insurer while you are deprived of the use of your own car.
Your Legal Right to a Replacement Vehicle if You’re Not at Fault
Under Australian common law, if another driver caused the accident, you are entitled to be put back in the same position you were in before the incident, as far as this can reasonably be achieved financially.
That includes the reasonable cost of hiring a comparable vehicle while yours is unavailable.
Importantly:
- You do not need comprehensive insurance to qualify
- You may still be eligible even if you only hold third-party insurance or have no insurance at all
- The hire cost is recovered from the at-fault driver’s insurer
This legal principle is what allows not-at-fault drivers to remain mobile without being personally out of pocket for hire charges.
What Determines How Long You Can Keep the Hire Car?
The duration of your hire car depends on the status of your damaged vehicle and your insurance claim. The key factors include:
1- Repair Timeframes
If your vehicle is repairable, you can usually keep the hire car until repairs are completed. The hire period is directly linked to the reasonable repair timeframe.
2- Assessment and Approval Delays
Sometimes there are delays while insurers assess damage, confirm liability, or approve repair quotes. During this period, your vehicle is still unavailable to you, and the hire may continue while those processes are finalised.
3- Parts Availability
If replacement parts are delayed — particularly for imported or newer models — repair timelines may extend. The hire period typically continues while waiting for parts, provided the timeframe remains reasonable.
What Happens If Your Car Is Written Off?
If your vehicle is assessed as a total loss, you are not immediately required to return the hire car.
You can usually keep the replacement vehicle until:
- Your claim is finalised, and
- You receive your payout or settlement funds
This ensures you have time to:
- Finalise paperwork
- Receive settlement payment
- Organise the purchase of a replacement vehicle
The hire period in a write-off situation is designed to cover the reasonable time it takes to resolve the claim — not just the day your car is declared a total loss.
What If the At-Fault Driver’s Insurer Delays or Disputes the Claim?
Insurance claims do not always move quickly. There can be delays while liability is assessed, documents are reviewed, or additional information is requested.
If fault is still being investigated, eligibility may depend on the available evidence. Even where the at-fault driver refuses to admit responsibility, you may still qualify for a replacement vehicle once sufficient information is provided.
Where an insurer delays or disputes payment, recovery is managed directly with them. If necessary, legal partners can assist in resolving disputes, and you are not responsible for the hire charges provided you were not at fault and remain eligible.
Do Insurance Policies Limit Hire Car Duration?
Some comprehensive insurance policies include hire car benefits, but sometimes these benefits are subject to limits, such as a capped number of days or a defined timeframe set by the policy.
I’m In The Right is proud to support eligible not-at-fault drivers with 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.
This means not-at-fault drivers can focus on getting back to normal life, without unnecessary concern about returning a replacement vehicle before their situation is properly resolved.
What Happens When Your Repairs Are Complete?
Once your vehicle repairs are finished, the hire period ends.
At that stage:
- You collect your repaired vehicle, and
- The replacement car is arranged for collection at a convenient time
The transition is typically straightforward. The replacement vehicle is returned once you are back in possession of your own car and it is roadworthy.
If there are minor administrative steps still being finalised, these are generally handled separately and do not delay the return process unnecessarily.
What Costs Are You Responsible for During the Hire Period?
If you are not at fault and eligible, there are no out-of-pocket hire charges for the replacement vehicle.
However, you remain responsible for normal running costs you would ordinarily pay for your own vehicle, including:
- Fuel
- Tolls
- Parking
- Fines or infringements
All replacement vehicles are comprehensively insured. If damage occurs while the vehicle is in your possession, you may be responsible for the applicable insurance excess.
Understanding these responsibilities ensures there are no surprises during the hire period.
Eligibility Requirements for Not-at-Fault Hire Cars
Not every accident automatically qualifies for a not-at-fault hire vehicle. Eligibility generally depends on several key factors.
You are likely eligible if:
- You were not responsible for the accident
- The at-fault driver has valid third-party property or comprehensive insurance
- You can provide the at-fault driver’s details and insurer information
Once the necessary accident details are confirmed, a comparable replacement vehicle can be arranged while your car is repaired or assessed.
How the Accident Replacement Process Works Step by Step
Understanding the process can help you see how the hire period connects directly to your vehicle’s availability.
If you’ve been involved in a not-at-fault accident, the typical steps include:
- Contacting a 24/7 support team as soon as possible after the accident
- Providing accident details, including what happened and the at-fault driver’s insurer information
- Verification of fault and approval for a comparable replacement vehicle
- Dispatch of the replacement vehicle — once approved, eligible vehicles can be dispatched within 15 minutes
- Delivery of the vehicle to your home, workplace, or repairer
- Use of the replacement car while repairs are completed or until your claim is finalised
- Collection of the vehicle once your situation is resolved
I’m in the Right handles these matters quickly and eligible clients can call 24 hours a day, 7 days a week to discuss their situation and get the process moving without unnecessary delay.
Common Misconceptions About Hire Car Time Limits
There are several common misunderstandings about how long you can keep a rental car after an accident.
“You Can Only Keep a Hire Car for Two Weeks”
This belief usually comes from some insurance policies that impose strict time limits on hire car benefits, which do not apply in not-at-fault hire matters. With I’m In The Right, eligible not-at-fault drivers can keep a replacement vehicle for as long as their own car is being repaired or until the claim is finalised, provided the hire period remains reasonable and directly connected to the accident.
“You Must Have Comprehensive Insurance”
You do not need comprehensive or any other type of insurance to qualify. If you were not at fault and the other driver was insured, you may still be eligible for a replacement vehicle.
“You Have to Pay Upfront and Claim It Back Later”
Eligible not-at-fault drivers do not pay hire costs upfront. The reasonable hire charges are recoverable from the at-fault driver’s insurer.
Clearing up these misconceptions can prevent unnecessary stress and ensure you understand your rights after an accident.
Why Acting Quickly After an Accident Matters
The sooner you act after a not-at-fault accident, the smoother the hire and repair process tends to be.
Prompt action helps to:
- Secure accurate accident details
- Notify relevant insurers
- Minimise delays in fault assessment
- Reduce downtime without a vehicle
Delays in reporting or providing information can slow approval and extend the overall claim process. Acting quickly supports a more seamless repair timeline, which in turn keeps the hire period aligned with genuine need rather than administrative delay.
Frequently Asked Questions About Hire Car Duration After an Accident
What if the at-fault driver’s insurer takes a long time to respond?
Where fault is being assessed or payment is delayed, recovery is managed directly with the insurer, and eligibility depends on the available evidence.
Do I need to lodge a claim with my own insurer?
Usually not. If you were not at fault, recovery is pursued from the at-fault driver’s insurer, and you may not need to lodge a claim with your own insurer.
When exactly does the hire period end?
The hire period ends when:
- Your repaired vehicle is ready for collection, or
- Your total loss claim is finalised and settlement funds are received
At that point, the replacement vehicle is collected, and you resume using your own or newly purchased vehicle.
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