Been In A Car Accident That Wasn’t Your Fault, What To Do?

If you’ve been in a Not At Fault Car Accident without insurance, the at fault driver is liable for all damages and associated costs. However, it takes time and resources to claim what is rightfully owed to you for the not at fault car accident.

We help uninsured drivers claim what is owed to them when they have no car insurance and have had an accident. This article covers everything you need to know regarding not at fault car accidents in any state and territory within Australia.

Continue reading for insightful tips and steps you need to take to get through this challenging situation.


What to do if you’ve had a Car Accident and you were Not At Fault Without Insurance

Following these steps will help you avoid disputes determining liability and the costs incurred from the car accident. If you have comprehensive car insurance, these steps are just as relevant. We suggest you follow these steps whether you are at fault or not.

Here are some pointers on the type of information you want to collect immediately after the accident:

  1. Try to take photos of the accident and the surrounding environment before the cars are moved.
  2. Note the Time, Witness Details and any road lines and signs. We need to prove their liability.
  3. Exchange details with the other driver and verify them as best you can. This includes license, registration, car make and model and insurance company details.
  4. If the police are present, get the details of their Police Report
  5. Any other evidence that you believe may be important
  6. It’s important that you do NOT admit fault if you were not responsible for the accident and any associated property damages.


Should my car be towed after an accident?

Even if your car is driveable after an accident, we recommend getting it towed. Most insurers state that they will NOT pay for any additional damages caused by driving a damaged car after an accident. Therefore, as a general rule, until the damages are assessed, the car should be considered unsafe for driving.

Now, here are some options:

  • You can organise a tow truck and pay for the costs upfront. However, note that there is no guarantee that this will be reimbursed as part of your claim.
  • Another option is to see if the at fault driver’s insurance company will arrange the tow truck for you at their own expense.
  • Or, we recommend contacting an independent Not At Fault Claims Manager to see if they can organise a tow truck for you. This option comes with some bonus extras that come with the service.


Can I get a Hire Car after a Not At Fault Accident?

If your car was damaged and you have no insurance, all damages and associated costs can be claimed from the at fault driver. This includes having an Accident Replacement Vehicle delivered to you. The At Fault driver must accept liability and submit a car insurance claim through their insurance company.

Claiming the costs for damage to your vehicle and property can be a complex task. With the appropriate tools and expertise, you can claim back everything you are legally and reasonably entitled to.

This includes costs for:

  • Towing Services
  • Hire Cars
  • Vehicle Assessors
  • Repairs
  • Replacement of written-off vehicles
  • Other associated costs.


How can I recover the costs of a car accident with no insurance?

If you were not at fault for the accident, the at fault party is liable for covering all associated costs from the accident. Engaging a Not At Fault Claims provider to recover all costs is the best option.

A Not At Fault Claims Specialist will:

  • Review all details of your claim to identify who is at fault and assess your entitlements.
  • Liaise with the at fault party and insurer to obtain a formal admission of liability.
  • Arrange for a Not At Fault Hire Car to be delivered to you.
  • They will appoint an independent assessor to assess your vehicle and determine whether it is repairable or a total loss.
  • Based on the professional opinion of the independent assessor, they will work with you and your repairer to negotiate a settlement.
  • You will be updated on a step-by-step basis to keep you informed throughout the entire process.


So what are the benefits of a Not At Fault Claim?

The main benefit of a Not At Fault Claims service is not having to wait hours on the phone to deal with insurance companies. Instead, we have a more direct line of contact with most insurers, allowing us to expedite the claim process.

Your claims manager will also be able to invoice the insurance company and justify all related expenses. In addition, they have the expertise to negotiate any refusals to pay costs and can seek legal advice where legal aid is required.

In the event of a dispute regarding the extent or cost of damages, your claims manager will organise independent assessors and vehicle repair specialists. This gives the claim manager powerful negotiating influence to ensure you are not short-changed.

Here’s an example:

  • Your car was written off in an accident, and the insurance company’s internal assessor values the car at $30,000.
  • Your claims manager can organise an independent assessor to assess the vehicle’s value.
  • If it is valued at $35,000, they can make a demand on your behalf for settlement on the higher amount.


Submit a Not At Fault Car Accident Claim

If you’ve captured all the details we’ve covered in this article and you’re ready to make your Not At Fault Claim. Submit your Not At Fault Claim Form Online and we’ll get started on recovering what is owed to you.

At National Motor Claims, we’ll get you back on the road after a Not At Fault Car Accident in no time!


If you're not at fault, you don't need to pay a cent out of your own pocket.

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