FAQ

We help Australians involved in not-at-fault accidents get back on the road as quickly as possible by providing them with a replacement vehicle, overseeing accident repairs, and offering advice about legal matters (if needed).

These services are offered at no out of pocket cost to the not-at-fault driver as under Australian law, the at-fault party is obliged to pay the reasonable costs associated with replacement car hire. We recover hire car costs directly from the at-fault party’s insurer.

Here at I’m In The Right, we’re proud to be one of the three largest providers of accident replacement vehicles in Australia.

P.S. – If this is the first time you’ve heard of this service, you’re not the only one! Less than 20% of Aussies realise they have a legal right to an accident replacement vehicle with costs covered by the at-fault party.

When you can say “I’m In The Right” and you agree to appoint us as your agent to arrange for the recovery of the hire car costs on your behalf (usually by engaging lawyers), then we can offer you a replacement vehicle to use until your vehicle is repaired or written off.

We will then arrange for the recovery of the hire car costs from the at-fault party’s insurer on your behalf.

If you’re the not-at-fault party in a motor vehicle accident, then you may be entitled to hire a comparable replacement vehicle while your own vehicle is being repaired, or until you receive a total loss payout if your vehicle is written off.

The at-fault party is obliged at law to pay the reasonable costs associated with the hire of the replacement vehicle.

To find out if you qualify, check your eligibility here.

No. The accident replacement car costs will be recovered from the at-fault party’s insurer.

If your vehicle is driveable, we will provide you with an accident replacement vehicle when you drop off your vehicle for repairs.

If your vehicle is not driveable, we can usually provide you with an accident replacement vehicle within 24 hours.

• Most people who have a not-at-fault car accident go through the stress of dealing with their insurance company. It’s often a time-consuming and frustrating process.

  This won’t be your reality if you use our services at I’m In The Right.

  Our key benefits include:

  • A no out-of-pocket like-for-like replacement vehicle for as long as you need it
  • 24-hour, 7 days a week specialist accident management team who will arrange for the drop off and collection of your replacement vehicle at a time and place most convenient for you
  • Car towing and overseeing of repairs
  • Access to legal advice if you need it
  
  
  

We will endeavour to arrange a vehicle which is comparable to your vehicle from our large range of exotic, prestige, standard and commercial vehicles. However, our ability to provide you with a comparable vehicle will depend on a range of factors, including the availability of vehicles in our fleet and the age of your vehicle. If a comparable vehicle is not available at the time of hire, we will provide you with another vehicle from our fleet, until a more comparable one becomes available.

The cost of the replacement vehicle is recovered from the at-fault party’s insurer. However, you are responsible for:

• • fuel or charging costs;
  • tolls; and
  • traffic, parking and other infringements.

Please refer to clauses 7 and 8 of Your Hire and Recovery Agreement for further details on any out of pocket costs that may be charged to You.

We will generally only charge your credit card to cover costs that you would ordinarily incur in running your own vehicle, such as:

• a charge to refuel our vehicle if you fail to return it with the same level of fuel
• tolls
• traffic, parking, or toll infringement notices
• cleaning fees if the vehicle is returned in an excessively dirty condition (e.g. if anyone has smoked in the vehicle)
• an excess if our vehicle is damaged

You authorise us to debit your credit card to pay for all such charges that you incur.

No. You will not be required to pay any legal or other costs incurred by us in seeking to recover the hire car costs, regardless of the outcome of our efforts.

You must comply with the terms of our agreement with you, which includes an obligation to:

• act in our best interests in connection with the recovery of the hire car costs;
• do your best to ensure the repair or replacement of your vehicle proceeds without any delay (e.g. by giving authority for the repair work to commence);
• immediately notify us once repairs to your vehicle have been completed or you have been notified of a total loss payout, and otherwise keep us up to date regarding the timeframe for the repair or replacement of your vehicle;
• do all things reasonably necessary to assist with the recovery of the hire car costs, including by providing documents we reasonably require; and
• not do anything that may affect our ability to recover the hire car costs.

Call us on 1300 004 487 to check your eligibility for an accident replacement vehicle. Our highly trained and experienced staff can also offer free advice on many other aspects of the insurance, repair and injury compensation processes if you need it.

Your vehicle may not be legally driveable and should not be on the road for example, if:

• There are exhaust fumes entering the car
• You cannot lock your car
• You have smashed windows
• You have broken mirrors
• Your wheels are rubbing on the body of your car
• You have leaks coming from your car
• There is smoke or steam coming from your car

Unfortunately, we are sometimes unable to resolve the matter with the at-fault party. If this happens, it may be necessary to commence legal proceedings in your name. You will be required to co-operate with us and do all things reasonably necessary to assist with the legal proceedings, including providing a statement or affidavit and, in rare cases, appearing in court to give evidence.

However, you will not be required to pay any costs incurred by us in seeking to recover the hire car costs, regardless of the outcome of our efforts.

If your vehicle is registered or used for business purposes and you are registered for GST, you may be entitled to claim an input tax credit for the GST component of the replacement car costs. If this is the case and GST is withheld by the at-fault party, we will issue an invoice to you for any GST withheld.

Only you, or someone we’ve authorised and entered as an Additional Driver in our system can drive the replacement vehicle.

Yes. You and any additional driver(s) must be at least 21 years of age, unless authorised in writing by us, and hold a current driver’s licence (that is not a learner’s permit and is not suspended, endorsed or cancelled) which is valid for our vehicle for the likely duration of the hire period.

In addition, you will be ineligible to hire a vehicle from us if you:

• have had motor vehicle insurance declined, a motor vehicle insurance policy cancelled or had special conditions applied to a motor vehicle insurance policy by any insurer in the last 5 years;
• have been convicted of an alcohol or drug related traffic offence, been disqualified from driving or had a driver’s licence suspended, endorsed or cancelled in the last 5 years; or
• suffer from a physical or mental condition or impairment that may interfere with your ability to control and drive our vehicle.

You must ensure that none of the following people drive the replacement vehicle:

• any person who is intoxicated by any substance;
• any person who is required have a Smart Start or other interlock device fitted to any vehicle they drive;
• any international driver who is unable to prove they have the requisite class of licence in their home country; and
• any person who has been convicted of a major traffic violation (excluding parking violations), including careless, abusive or reckless driving or driving under the influence of alcohol, drugs or other intoxicants within the last 3 years.

• • exchange details with all involved parties;
  • not admit liability;
  • report the incident to us within 24 hours;
  • complete the incident report (hyperlink) https://imintheright.com.au/accident-report-form/ within 48 hours; and
  • not authorise towing or repairs without our approval, except in emergencies.

To find out if you qualify for a replacement vehicle, please contact us on 1300 004 487, or fill out our online form.

We require the following information:

• your details, including driver’s licence number, car registration and insurance information;
• the at-fault party’s details, including their driver’s licence number, car registration and insurance information;
• car accident details, and
• witnesses details (if applicable)

Yes. You must also authorise us to debit your card to pay for all charges you incur.

No. However, you will be charged a per kilometre fee for each kilometre driven in excess of the kilometre allowance of 100km per day, averaged over the duration of the hire period. However, this charge will be recovered from the at-fault party.

If your vehicle is a total loss, you must immediately provide us with a copy of any notice or letter you receive advising you of this fact and/or about any payout and notify us as soon as you receive a total loss payout. If you fail to do so, you may be liable for that portion of the replacement hire car costs which could not be recovered from the at-fault party by reason of your breach.

We will email you to advise the at-fault party has paid the replacement hire car costs and that no liabilities are outstanding. This usually takes on average between 2 weeks and 52 weeks after the end of your hire.

If you have not heard from us and would like an update, please feel free to get in touch with us.

Occasionally, the at-fault party’s insurer may require you to sign a document (often titled a “Deed of Release”) before payment is made to you for your loss and damage (e.g. cost of repairs). In some cases, the effect of the document is to discharge the at-fault party from any further claims you may have, including the cost of hiring our vehicle. For this reason, it is important that you do not sign any document presented to you by the at-fault party or their insurer without contacting us first.

If you fail to do so and we are then unable to recover the hire car costs, you may have to pay us the hire car costs.

You may cancel the Agreement for any reason within 7 days of hiring our vehicle, provided you notify us of your decision in writing, immediately return our vehicle during business hours and pay any accrued hire car costs and other charges. We only ask that you call ahead and make appropriate arrangements with us.

Once you return the replacement vehicle, we will seek to recover the hire car costs from the insurer of the at-fault party.

You can contact us by phone on 1300 004 487 or by email at [email protected], or visit our Contact Us page.

Please contact us on 1300 004 487 to speak to one of our friendly accident management specialists or email [email protected]