What to do after a car accident that wasn't your fault
Safety first
Check everyone is okay, call for emergency services if required and, if it's safe and necessary to do so, move your vehicle to prevent further accidents.
Contact the police
Generally, it's advised that anyone involved in a car accident contact the police and file a report. This can be crucial when settling insurance claims.
Exchange information
Collect the other driver's information, including name, contact details, licence number, and insurance information.
Collect evidence
Take lots of photos of the accident scene, damage to any vehicles or property involved, and licence plates for documentation.
Speak to witnesses
If there are witnesses to the accident, collect their contact information. Their statements may be valuable in case nobody admits fault.
Notify your insurance
Even when you're not at fault, you should inform your insurance company. They can guide you through next steps, help recover damages from the other driver's insurer, or cover your costs if the other driver isn't insured.
These tips were compiled with the help of Nathan McCullum, Director of McCullum Advisory.
Should I claim on my insurance if I'm not at fault?
It depends. If the other driver has insurance, their policy should cover your damage and you don't need to claim on your own policy. If they don't have insurance, or if they prefer not to involve their insurer, they may agree to pay you out of their own pocket.
However, if the other driver isn't insured or won't pay for the damage, you may need to claim on your own insurance - particularly if the repair bill is expensive.
Regardless of whether you make a claim or not, you should always inform your insurer of an accident. They will be able to help guide you through the best steps to take.
Finder survey: How many Australians have been involved in car accidents where they were not at fault?
Response
Yes
50.1%
No
48.11%
I have never driven before
1.79%
Source: Finder survey by Pure Profile of 1006 Australians, December 2023
Will a not at fault accident claim affect my car insurance premium?
If you have to claim on your own insurance because the other driver was uninsured or you were unable to get their details, it's likely your premium will be impacted.
However, if the matter is handled by the other driver or their insurer, and they cover the cost to repair any damage, your car insurance premium is unlikely to be impacted.
Read your product disclosure statement (PDS) and certificate of insurance carefully to avoid any nasty surprises.
Avoid admitting fault. It's crucial not to admit fault or blame at the accident scene. Liability is determined by the authorities and insurance companies.
Nathan McCullum
Depending on the policy you have and where the accident occurs in relation to where you live, you may be entitled to temporary accommodation, temporary repairs or transport home or to your destination following the accident.
Don Shields, Managing Director, Geelong Insurance Brokers
What if you don't have car insurance?
It doesn't matter. If the other driver is at fault, they should cover the cost of your repairs. They can either cover the cost themselves, or have their insurance cover the cost.
If you're having trouble hearing back from the other person, you can send a letter of demand, involve a lawyer, lodge a complaint with the Australian Financial Complaints Authority (AFCA) or take the matter to court.
What if the other driver doesn't have insurance?
If the at-fault driver doesn't have insurance, they may pay you out of their own pocket. However, if the repair bill is extensive, it can be difficult to recoup the costs.
Completely at fault: It's clear the other driver is solely to blame for the accident. They may be intoxicated, they may have been texting, or they may have run a red light while meanwhile you were following all of the road rules.
Partly at fault: Even if you didn't cause the accident, you may be partly to blame. For example, you may have admitted liability at the scene, you may have been distracted, or you may have misjudged another driver's intentions.
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Frequently asked questions
After any car accident, regardless of fault, always get the other driver's contact details, their insurance information, their driver license number, and their license plate number.
You should also take photos of the scene and any damage, get the contact information of any witnesses, and take notes of what happened as soon as possible.
If the at-fault driver has insurance, their policy should cover the cost of any repairs. However, if you are hit by an uninsured driver, you may be able to claim on your own policy.
If you have comprehensive insurance, you will likely be covered for all damage. Some third party property and third party fire and theft policies also cover limited damage from uninsured drivers but this varies between brands. Check your PDS to learn more.
In most cases, you won't need to pay an excess if another driver was completely at fault. However, you will usually be required to provide the other driver's name, address and registration number when lodging your claim.
Nicola Middlemiss is a contributing writer at Finder, with a special interest in personal finance and insurance. Formerly a business and finance journalist, Nicola has written thousands of articles helping Australians better understand insurance and grow their personal wealth. She has contributed to a wide range of publications, including Domain, the Educator, Financy, Fundraising and Philanthropy, Insurance Business, MoneyMag, Mortgage Professional, Yahoo Finance, Your Investment Property, and Wealth Professional. Nicola has a Tier 1 General Insurance (General Advice) certification and a Bachelor's degree from the University of Leeds.
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