Understanding Not-At-Fault Claims in Victoria

What Is a Not-At-Fault Claim?

A not-at-fault claim is when you seek to recover costs from the at-fault party (or their insurer) after an accident that wasn't your fault. This is separate from claiming on your own insurance.

The Key Difference

• Claiming on your own insurance: You use your comprehensive cover, may pay an excess, and may lose no-claim bonuses
• Not-at-fault recovery: You (or someone acting on your behalf) seek compensation from the at-fault party's insurer

What Can Be Recovered?

If you're not at fault, you may be able to recover:

• Repair costs – to restore your vehicle to pre-accident condition
• Replacement vehicle – reasonable transport costs while your car is being repaired
• Towing costs – if your vehicle needed to be towed
• Diminution in value – in some cases, the loss in market value after repairs
• Out-of-pocket expenses – such as taxi fares, alternative transport

How Is Fault Determined?

Fault is typically determined by:

• The circumstances of the accident
• Traffic laws and rules
• Evidence (photos, dashcam, witness statements)
• Insurance assessors reviewing all available information

Common scenarios where fault is clear:

• Rear-end collisions (usually the following driver is at fault)
• Running a red light
• Failing to give way
• Reversing into traffic

Disputed fault scenarios:

• Roundabout collisions
• Merging lanes
• Car park incidents
• Multiple vehicle pileups

What If Fault Is Disputed?

If the other driver's insurer disputes liability:

The claim may take longer to resolve

Additional evidence may be required

In some cases, legal action may be necessary

Your own insurer may assist if you have comprehensive cover

If fault is genuinely unclear, seek independent advice before proceeding.

The Recovery Process

Direct Recovery

You can attempt to recover costs directly by:

Contacting the at-fault driver's insurer

Providing evidence of the accident and your costs

Negotiating settlement

This can be time-consuming and frustrating, especially if the insurer is unresponsive.

Using an Accident Management Service

Services like OneCallClaims can:

• Handle communications with the other insurer
• Coordinate repairs with their panel of repairers
• Arrange a replacement vehicle
• Manage paperwork and follow-ups
• Pursue recovery on your behalf

Important Considerations

• Recovery is not guaranteed if fault is disputed
• Some costs may not be fully recovered
• Understand any agreements you sign (especially for replacement vehicles)
• Credit hire arrangements may involve obligations – always read the terms

Your Rights and Responsibilities

As a not-at-fault driver:

• You have the right to seek reasonable recovery
• You should cooperate with reasonable requests for information
• You should mitigate your losses (e.g., not delay repairs unnecessarily)
• You must be honest and accurate in all statements

When to Get Legal Advice

Consider seeking legal advice if:

• Fault is seriously disputed
• There are personal injuries involved
• The amounts involved are significant
• You're being asked to sign documents you don't understand

OneCallClaims doesn't provide legal advice – we focus on property damage claims where fault is reasonably clear.

Check your eligibility to see if we can help with your not-at-fault claim.