What To Do If In A Car Accident And Not At Fault

What is a 'Not at Fault Car Accident'

We are sorry to hear that you or someone you know have been in a car accident. We appreciate that accidents like this can be stressful. Our lawyers specialise in car accidents and are here to listen to your situation and provide you with advice you need.

You are probably wondering what ‘not at fault’ means. This term is used to describe any motor vehicle accident where the other driver is responsible and liable for any damages and injuries caused by the accident.

In this article we cover the following queries on what to do if in a car accident where you are not at fault:

How to Claim Car Insurance When ‘Not at Fault’

When claiming car insurance on an accident where you were ‘not at fault’ it will be important to take photos and gather information about the other driver.

Try to collect the following details:

  • The other driver’s name and address
  • Their insurer and policy information
  • Their car registration number, make and details
  • Statements and contact details from any witnesses
If the driver refuses or fails to provide their details, call Policelink on 131 444

FAQs on How to Claim Car Insurance When 'Not at Fault'

It all depends on the specific circumstances of the car accident, but in most cases, there will not be any impact to your insurance premium if ‘not at fault’.

To understand if making a ‘not at fault claim’ will affect your insurance premium, contact your car insurance provider.

If your car insurance company does alter your premium after the ‘not a fault’ car accident, you have the option to lodge a formal dispute against them.

Contact our car accident lawyers for personalised advice on your situation. 

If you have been in a motor vehicle accident where you were not at fault, you should not have to pay any excess.

However, if you claim damages to your car, the excess is payable unless the other driver admits liability and your car insurance recovers the full cost from their insurer.

To receive the best outcome from your car insurance company when you are ‘not at fault’, it will be crucial to take down the other driver’s details and share them with your car insurance company as soon as possible.

The minimum information you need to obtain from the other driver include:

  • Their full name
  • Address
  • Contact number
  • Vehicle registration number

If the driver refuses or fails to provide their details, call Policelink on 131 444.

It is possible to lose your no claim bonus if involved in a not a fault accident. If your insurer can recover the payout from the other driver’s car insurance, then your no claim bonus may not be affected.

When you make a claim on your car insurance policy and your insurer pays out the full value of your vehicle, it is typical that you will lose some or all your no claims bonus.

If you have any concerns about your no claim bonus on your car insurance policy, it is best to give them a call with your questions.

Third party car insurance is there to cover any legal liability, loss or damages incurred to third parties whether you are ‘not at fault’ or ‘at fault’. It is solely there is protect you and so typically does not cover any losses or damages to you.

However, if you are ‘not at fault’ and the driver is uninsured, third party property car insurance will cover injuries to you and damagers to your car. Otherwise, you would need to lodge a compensation claim against the ‘at fault’ driver’s third-party car insurance to help cover your costs.

If this sounds like something you will need to do, call us today. We can help you through your claim process and offer you a chance at a better outcome.

Can a Passenger Sue a ‘Not at Fault’ Driver

A passenger in an accident can lodge a compensation claim against the driver, however, it is unlikely that the ‘not at fault’ driver will need to pay the claim of the passenger. 

If you provide passenger services, always reflect if your actions are reasonably careful. The issue of negligence is often used in car accident cases to establish whether the driver is liable for injuries sustained to the passenger. 

Are you considering claiming compensation from a driver, or has someone contacted you about wanting to file a compensation claim against you? 

Reach out to us now and we will be able to explain the next steps to help you through this process. 

FAQs on How to Sue a 'Not at Fault' Driver

Before you can commence legal proceedings at a court registry, you will need to submit a form to the at-fault driver’s third party insurer (CTP).

There is a 9-month window from the date of injury to lodge your notice of claim form, or 1 month after hiring or consulting a lawyer to represent or make a claim.

Not meeting these time limits requires a reasonable excuse for the delay to be provided. If the reasonable excuse for the delay is accepted, then the normal 3-year limitation period applies.

When to Accept a Settlement Offer in ‘Not at Fault’ Accident

It will be important to calculate the value of your damages from the car accident, as the insurance company typically makes the first offer much less than the true value of the claim. 

When you have sustained injuries from the car accident, it is important to remain patient and not to prematurely accept a settlement as you might discover later your injuries were more severe than initially diagnosed. 

Once a settlement offer progresses to the true value of your claim it will be time to accept. 

If you have suffered injuries in a car accident, we recommend reaching out to us to represent you in your compensation claim. 

We can help explain when a polite refusal is the better response to a settlement offer and guide you through the process of quantifying your claim. 

Car Accident Helpline works on a No Win No Fee basis, so you do not have to worry about paying for our legal services until your claim is successfully at a close. 

FAQs on How to Settle a 'Not at Fault' Car Accident Claim

It is advised that you get legal advice before lodging your claim.

Contact us for help on what you should be claiming.

Do You Pay for an Ambulance if 'Not at Fault'

As a Queenslander, you are automatically covered for ambulance transport and treatment. This benefit extends if you require an ambulance in another state, as long as you can prove you are a permanent resident of Queensland. 

Ambulance services vary in each state. If you do receive an invoice from an ambulance service and you are ‘not at fault’, you can express your intention to the responsible party to claim compensation against them to begin the process of recovering this fee.

Reach out to our compensation lawyers if you want to start this process or for any legal advice on your case.

How to Prove ‘Not at Fault’ in a Car Accident

Establishing who is at fault in a car accident can sometimes be quite difficult, especially if any evidence that could help your case is lost.

Once a car accident is cleaned up, there will be no physical proof that can help build your side. Take photos of the car accident at every angle, including any road signs that could provide evidence against the other driver. 

Many car accidents are from distracted drivers on their phones. You can ask the driver to provide their message or call history to learn if the car accident was due to their divided attention on the road. 

Otherwise, if they refuse, you can take legal action to gain access to their phone records. 

A police report can be extremely advantageous when making your claim against the other driver. Be sure that the written report is accurate, complete, concise, and clear to provide you with the best chance of proving you are not at fault. 

Consider looking through the traffic laws, as you might discover that the other driver violated traffic laws before the car accident. Any sign of unreasonable care to avoid the car accident would be seen as negligence conduct. 

If you think you have a strong case against the other driver and want assistance on starting the process to recover any costs caused from the car accident, call us today

We are here to provide expert car accident legal advice and represent your case in the best possible way.

Car Accident Helpline works on a No Win No Fee basis, so you do not have to worry about paying for our legal services until your claim is successfully finalised.

FAQs on How to Prove 'Not at Fault' In a Car Accident

‘Not at fault’ accidents go on your record if you have gone to the police to make a police report or if you called ambulance or police to the scene of the car accident. 

If there was no official record of the car accident, the not at fault accident will not be on your record. 

Do I Owe Car Rental Expenses if ‘Not at Fault’ in a Car Accident

When ‘not at fault’, the driver at fault or their insurer is liable to pay for your car rental expenses.

Your rental company and the driver at fault or their insurer will be in contact to handle the costs involved with the car accident. 

If you have any questions regarding your claim, or if you have been involved in a car accident and would like to make a claim, please feel welcome to contact our office anytime.

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