What happens when you’re in a car accident and not at fault?

When an accident happens, the issue of car insurance liability inevitably surfaces. Often people can be quick to blame each other for causing the accident. At the end of the day, though, someone usually has to pay the costs involved, so it’s important to know how to determine who is responsible or ‘at fault’ – or, to gather the right information so your insurer can do so.

If you’re involved in a car accident that isn’t your fault and the other driver doesn’t have insurance, things can get even more confusing. Here are some things to consider if you’ve been in a car accident and believe you’re not to blame.

How do you determine who’s at fault?

First things first, it’s important to establish whether or not the other driver is actually at fault. Once liability has been determined by the insurer and if you’re found to be not at fault, your excess will be waived and your claim will continue as normal.

It can be easy to assign blame and assume it’s the other driver’s responsibility to cover costs, especially if the events around the incident weren’t clear-cut.

There are some situations in which you can be considered completely at fault, even if you don’t think you are.

Rear-ended car accident

After a car accident, you might find yourself in shock. During this time, it’s important you don’t admit guilt in any way. In the presence of a witness, courts might consider this as an admission of liability which can be used against you. Even apologising to the other party could put you in a position where you’re considered at fault, so be cautious. After an accident occurs, politely interact with the other driver, keep things professional, and focus on simply exchanging details and taking photographs of the damage. Don’t try to engage in any emotional conversation about what happened or who might be to blame.    

Rear ended car accident

In most cases, the driver who ran into the back of the other vehicle is usually found at fault. This can be tricky because the car in front might have slammed on its brakes suddenly, but it can often be argued that with the right amount of space left a driver should have enough time to safely brake without crashing into the vehicle in front.

Running a red light

If an accident occurs at an intersection because a driver has run a red light, they’ll likely be found to be at fault.

This can be tricky to prove, so things like witness accounts and photos can be super handy –more on that below.

After a car accident

After a car accident, you might find yourself in shock. During this time, it’s important you don’t admit fault before contacting us. After an accident occurs, politely interact with the other driver, keep things professional, and focus on simply exchanging details and taking photographs of the damage. Don’t try to engage in any emotional conversation about what happened or who might be to blame.

Explore AAMI Comprehensive Car Insurance

What happens if the other driver isn’t insured and is at fault?

If you’re insured with AAMI Comprehensive Car Insurance, and the other driver was entirely at fault, then your policy will help cover any damage to your car – regardless of the other person’s insurance status.

You also won’t have to pay the excess if you supply their:

• name
• address, and
• the at-fault vehicle’s registration number.

It’s best to be proactive and take stock of the scene. You might want to get witness accounts and their details, record photos of the accident and write down factors that led to the accident. This can help you build a strong case with your insurer. You may also be able to provide:

• a police report
• camera footage, or
• expert reports.

Read the PDS for full details.

Make a claim

Does my level of insurance impact what I can claim?

Knowing your policy cover is important before you decide to make a car insurance claim, which is why you should read your relevant Product Disclosure Statement. For example, Third Party Car Insurance will only cover the other party’s property or vehicle if you’re at fault, meaning you could be left without insurance for any damage to your vehicle.

Comprehensive Car Insurance, on the other hand, on the other hand, usually covers you for damage to your vehicle, regardless of who’s at fault.

AAMI Authorised Repairs

The last thing you need at that time is extra inconvenience and stress. That's why AAMI manages the quote and repair process for you — putting our expertise to work and giving you time to focus on the important things.

Through SMART (that’s Small Medium Accident Repair Technology) we’re able to provide quality repairs to vehicles with low-level damage quickly and safely. We have a network of nationwide sites powered by great teams that offer a lifetime guarantee on repairs. It’s important to note though that only authorised repairs are entitled to a lifetime guarantee.

Still need time to explore your options? Browse our car insurance online today!

Explore AAMI Car Insurance

Read more:

• Understanding amount covered and market value
• Car insurance for couples and families
• When should you call for roadside assistance?

Insurance issued by AAI Limited ABN 48 005 297 807 AFSL 230859 trading as AAMI. Read the Product Disclosure Statement before buying this insurance. The Target Market Determination is also available. This advice has been prepared without taking into account your particular objectives, financial situation or needs, so you should consider whether it is appropriate for you before acting on it.