Your Right to Drive a Replacement Car After a Not-at-fault Accident

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Your Right to Drive After a Not-At-Fault Accident

We’ve helped over 50,000 not-at-fault drivers

When you’ve been in an accident and are in the right, you shouldn’t be the one left stranded.
We provide fast and professional car hire to get you back on the road fast!

No out-of-pocket costs

The hire costs are legally payable by the at-fault party’s insurer

Dispatch within 15 mins

Once approved, we will dispatch the vehicle within 15 mins to your location

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We have over 4,000 positive customer reviews and a 5 star rating

Like-for-like replacement

Enjoy the familiarity and comfort of a vehicle similar to your own

Under Australian law, you have the right to keep driving while your car is being assessed and repaired. This helps minimise disruption to your work, family, and everyday life.

Your right to drive is about staying mobile, not being left waiting.

YOUR LEGAL RIGHTS

What “Your Right to Drive” Entitles You to Under Australian Law

Under Australian law, a person who suffers loss of use of their vehicle because of someone else’s negligence may be entitled to compensation for the resulting loss of mobility. In the context of a not-at-fault motor vehicle accident, this principle extends beyond simply providing a hire car while your vehicle is off the road.

The underlying right is to be restored, within reason, to the position that would have existed had the accident not occurred. If a damaged vehicle is unavailable because it is being repaired, a replacement vehicle during the repair period, may form part of that entitlement.

If you’re eligible this means that:

  1. You don’t have to be left without a vehicle while yours is off the road
  2. You are entitled to a like-for-like replacement vehicle similar to the one you normally drive
  3. You can use a replacement hire vehicle while your car is being repaired, or until a total loss claim is resolved
  4. The reasonable cost of the replacement vehicle is recoverable from the at-fault party and is not paid by you

This is how many not-at-fault drivers are able to stay mobile after an accident instead of bearing the inconvenience caused by someone else’s accident or negligence.

ELIGIBILITY CHECK

How do I know if I’m Eligible

Eligibility is assessed based on the accident circumstances and the following details:

  • Clear not-at-fault status and liability accepted by the at-fault driver
  • Contact and driver’s license details from the at-fault driver
  • At-fault driver has comprehensive or third-party party property insurance
  • A claim number (this can be provided later)
  • A genuine need to have a replacement vehicle

Check Your Eligibility Fast

A quick assessment can clarify whether you can access a replacement vehicle and keep driving without interruption.

Provide your contact details

Tell us if the at-fault driver has insurance

Confirm you have the at-fault driver’s details

Who Pays the Hire Cost of the Replacement Car?

When your vehicle is damaged in a not at fault accident, you shouldn’t be the one inconvenienced and this is recognised under Australian law. You are within your rights to take action to minimise the inconvenience of being without a vehicle while yours is being assessed or repaired.

As a result, the cost of a replacement vehicle becomes recoverable as part of the damages arising from the accident, provided the replacement arrangements and associated costs are reasonable in the circumstances.

This means:

  • The cost of a replacement vehicle can be recovered from the at-fault driver’s insurer
  • Eligible not-at-fault drivers will not be required to pay upfront hire costs

The key principle is that a not-at-fault driver should not necessarily be left to bear the financial consequences of losing access to their vehicle when the loss was caused by someone else’s negligence.

Key Takeaway

A basic runabout may not be a suitable replacement for a prestige, commercial or specialised vehicle. You may be entitled to one comparable to your own in size, functionality, specifications and intended use. This ensures it meets your needs and provides similar comfort while your vehicle is off the road.

Like-for-Like Cars: the Type of Replacement Vehicle Matters

Your right to drive is not simply about having access to any vehicle while your own car is off the road.

Courts have recognised that the loss commonly includes both the practical inconvenience of being without a vehicle, as well as the loss of amenity associated with the use and enjoyment of that vehicle. As a result, you don’t have to accept a basic replacement vehicle if it is not similar to the one you normally drive.

This is the principle behind a like-for-like replacement vehicle. The law outlines a driver’s right to drive a vehicle that is reasonably comparable to the one normally driven, taking into account its functionality, specifications and intended use.

Depending on the circumstances, this may include:

  • A family vehicle with similar seating capacity and practicality
  • A ute, van or heavy commercial vehicle used for work purposes
  • A luxury or prestige vehicle with comparable features and comfort
  • An electric or hybrid vehicle with similar functionality
  • A vehicle capable of carrying child seats, equipment or regular cargo

With over 1,300 vehicles in our fleet, you won't have to settle for just any replacement vehicle

Not all replacement vehicles are the same and you don’t have to accept a hatchback if you normally drive a SUV or luxury vehicle.

With I’m In The Right, you have access to a large fleet of accident replacement vehicles that satisfy a broad range of vehicle mobility requirements.  Subject to availability and eligibility, this includes:

Rather than settling for any available hire car, not-at-fault drivers can exercise their right to drive a replacement vehicle that better caters for their normal transport needs and I’m in the Right can help accommodate their requirements.

Hyundai
Kia
lexus
Mazda
Mercedes-Benz
Mitsubishi
Nissan
Porsche
Tesla
toyota

FLEXIBLE HIRE PERIODS

How Long Can You Keep Driving a Replacement Hire Car?

A not-at-fault driver is generally entitled to keep a replacement vehicle for the reasonable period that their own vehicle is unavailable because of the accident.

  • If the vehicle can be repaired, this will usually be until the repairs have been completed and the vehicle is ready for collection.
  • If the vehicle is declared a total loss (written off), the replacement vehicle may remain available until the claim has been reasonably resolved and the settlement payment has been received.

The key consideration is whether the replacement vehicle is still reasonably required because the driver cannot use their damaged vehicle. The length of the arrangement will therefore depend on the circumstances of each claim, including repair timeframes, parts availability and the time required to assess and settle a total-loss claim.

This helps ensure that not-at-fault drivers are not left without suitable transport when their vehicle if off the road for an extended period.

If your car isn’t drivable, keep the hire car until yours is repaired or deemed a total loss

How I'm In The Right Helps Protect Your Right to Drive

After an accident, arranging a replacement vehicle is often only one part of the process. Drivers may also need to deal with insurers, repairers, vehicle assessments, documentation requirements and ongoing claim updates.

I’m In The Right can help coordinate this so that eligible not-at-fault drivers can focus on getting back to their normal routine while the administrative process is managed on their behalf.

I’m In The Right assists with:

1 . Eligibility

Assessing eligibility for a replacement vehicle

2 . Delivery

Arranging delivery and collection of a replacement vehicle

3. Repairers

Liaising with repairers regarding repair progress and expected completion dates

4. Insurers

Communicating with insurers and other parties involved in the claim process

5. Updates and Support

Monitoring vehicle assessments and total loss outcomes where applicable

6 . Hire Cost Recovery

Liaising with insurers and acting on your behalf to recover the hire costs (at no cost to you)

By coordinating these steps, I’m In The Right helps reduce delays, minimise paperwork and administrative burden and help eligible drivers get back on the road and back to their normal routines after a not at fault accident.

how much does it cost?

Everyday expenses that you are responsible for during the hire

While the cost of a replacement vehicle is generally recoverable from the at-fault insurer, not-at-fault drivers are will remain responsible for the everyday costs associated with using the hire vehicle, just as they would be with their own car.

These include:

  • Fuel
  • Tolls and parking fees
  • Traffic fines or infringements
  • Cleaning charges if the vehicle is returned in an unreasonable condition

Before accepting a replacement vehicle, it’s important to understand any terms and conditions that may apply. Reputable providers will explain any potential charges upfront so there are no unexpected costs during or after the hire period.

common misconceptions

The Truth About Your Right to Drive a Replacement Vehicle

Many not-at-fault drivers are mislead after the accident. Here are some common misconceptions that we have heard and which often lead to unnecessary inconvenience.

Common misconceptions include:

  • You must wait for insurer approval before driving again – once you’re approved, we put you in a vehicle, often the same day!
  • You have to accept a basic hire car – No, you are entitled to a like-for-like vehicle, similar to what you normally drive
  • You lose your entitlement to a hire car if repairs take time – No, you are entitled to drive the replacement car for as long as your car is reasonably off the road
  • You have to pay upfront or pay the hire costs – This is not correct, hire costs are paid by the at-fault driver’s insurer
  • You need to have insurance to receive a replacement car – If the at-fault driver has comprehensive or third-party property insurance, you may still be eligible for a replacement car
  • You have to pay a bond – Not true! We don’t charge bonds.

WE HANDLE THE PROCESS

Dealing With Insurers Without the Stress

Insurer delays and exhaustive communications back-and-forth are common after an accident. Without support, drivers may be told to wait longer than they should, accept unsuitable hire vehicles, or even feel they have to manage claims themselves.

I’m in the Right’s Accident Management team can help ensure:

Remember: Eligible drivers who receive a replacement vehicle are not required to pay hire costs provided they are honest and co-operate with our recovery efforts

You Don’t Have to Be Off the Road After an Accident

Many drivers assume they must wait until their vehicle is repaired or their insurer provides assistance before they can get back on the road. 

Services such as I’m In The Right exist to help eligible not-at-fault drivers exercise this entitlement and remain mobile after an accident, rather than being left without transport because of someone else’s negligence.

Staying on the road helps you:

  • Get to work and meet family commitments
  • Avoid unnecessary stress and financial pressure
  • Maintain your normal lifestyle after an accident
  • Continue with everyday responsibilities without relying on others for transport

ACT EARLY, STAY PROTECTED

Why Acting Quickly Helps Protect Your Rights

Delays after an accident may weaken your position and slow accident resolution. Acting quickly helps preserve your right to drive, defend liability, and reduce the chance of insurer pushback.

Early action helps:

  • Secure a replacement vehicle sooner
  • Avoid gaps in transport
  • Allow you to collect any missed or additional evidence from the accident scene such as surveillance footage from nearby security cameras
  • Receive assistance to document the accident or collect witness statements
  • Prevent unnecessary claim complications
accident courtesy car

Frequently Asked Questions

Need a replacement car? Apply today.

If you’ve had a not-at-fault accident, you don’t have to go through it alone.
Our professional accident management team will take care of everything — and get you driving again in no time.