Not-at-fault car accident claims

Average customer rating: 4.3/5
Written by Kenneth Young
Reviewed by Adrian Taylor
Updated March 19, 2024

Expert tips for making a car insurance claim against another driver

Our resident car insurance expert, Adrian Taylor, has helpful tips for claiming for a not-at-fault accident.

Adrian Taylor
Executive General Manager – General Insurance

Check whether your no claims discount will be affected

If you have a no claims discount, check whether a not-at-fault claim will affect your rating, as this can vary between insurers.

Stay on top of the repairs

If you’re not satisfied with the repairs done to your vehicle, contact the repairer or your insurer sooner rather than later to avoid any further disputes.

Make copies of dash cam footage if you have it

Dash cams can be very helpful when it comes to proving fault. If you have footage of the accident showing the other driver at fault, make digital copies and provide them to your insurer to help with the claims process.

What is a not-at-fault car insurance claim?

A not-at-fault claim is when you’re claiming for a car accident for which the other driver was completely responsible and liable for the loss or damages incurred. A not-at-fault claim is also one that is a recoverable claim from the other driver or their insurance provider.

Below is an example of a typical not-at-fault claim:

  • A claim following an accident for which the other driver is completely responsible and you have recorded their identifiable details to provide your insurer.

Below are some examples of typical at-fault claims:

  • If you are in a single-vehicle accident in which your vehicle is damaged such as running into a fence.
  • If you are responsible for causing damage to another person’s vehicle or property while behind the wheel.

Please note if you can’t provide your insurer with the identifiable details of the other party who was involved in or responsible for a collision, your insurer may require you to pay an excess.

Making a not-at-fault claim

How do I make a car insurance claim when it’s not my fault?

Will making a claim increase the cost of my insurance?

Will I have to pay an excess if I’m not at fault for a car accident?

Is it worth making a car insurance claim if the damage is minor?

How to gather evidence after an accident

Following a motor vehicle accident, once you’ve established everyone’s safe, it’s time to gather evidence to help with your insurance claim. There are several things you should consider doing at this stage.

Get the other driver’s details

Take photos

Ask witnesses for statements

Write down what happened

How your policy responds to a not-at-fault claim

Will I lose my no claims discount if I’m in a not at fault car accident?

Will I receive a replacement vehicle while my car is being repaired?

Important to know

Who’s at fault in a car accident?

What if an uninsured driver causes the accident?

Do I need to call the police if I get into an car accident?

What do I do if the other person drives off before we can exchange details?

What if there’s a dispute?

Meet our car insurance expert, Adrian Taylor

Adrian Taylor
Executive General Manager – General Insurance

As Executive General Manager of General Insurance at Compare the Market, Adrian Taylor is passionate about demystifying car insurance for consumers, so they have a better understanding of what they’re covered for. Adrian’s goal is to make more information available from more insurers, to make it easier to compare and save.

Traffic crash FAQs. Queensland Police. Queensland Government (n.d.). Retrieved October 2022.