Claims & insurance

How to claim against the at-fault driver's insurer

You don't have to claim on your own policy when the crash wasn't your fault. The direct route, step by step, and where it gets harder than it looks.

Updated 7 July 2026 · 3 min read · Crash Assist team

When another driver causes a crash, you have two ways to get your car fixed: claim on your own comprehensive policy (excess, claim history, their timeline), or claim directly against the at-fault driver's insurer. The direct route is the one most drivers don't realise they have. Here's how it works.

Your right to claim directly

A person whose negligence damages your property is liable for your reasonable losses: that's ordinary law, not an insurance product. In practice the at-fault driver's insurer steps in to handle it. Your recoverable losses typically include repairs, towing and reasonable storage, and loss of use, which is where a replacement vehicle comes from.

The direct claim, step by step

  1. 1 Gather your evidence: the other car's rego, driver details, photos, witnesses, dashcam. The details checklist covers it.
  2. 2 Identify their insurer. Get it from the at-fault driver directly, along with their name and, best of all, a claim number once they lodge. Tracing an insurer from a rego alone is slow and unreliable unless you have legal muscle doing the chasing.
  3. 3 Lodge a third-party claim. Call the at-fault insurer's claims line and say you're claiming as a not-at-fault third party. You'll get a claim number. Keep it on everything.
  4. 4 Provide your statement and evidence. Stick to facts. You're describing the collision, not negotiating yet.
  5. 5 Damage assessment. They'll want quotes or an inspection. You're generally entitled to use your own repairer at reasonable rates.
  6. 6 Liability decision, then approvals. Once they accept fault, repairs are approved and hire becomes claimable.
  7. 7 Settlement. Repairs paid, hire covered, car back. In a clean claim, nothing touches your own policy.

Where it gets harder than it looks

  • Silence. Third-party claimants aren't the insurer's customer: files can sit until someone chases. That someone is you.
  • Liability games. "Our insured tells a different story" can stall a claim for weeks. See how disputes resolve.
  • Rate and duration pushback. Insurers routinely argue hire cars were too big or kept too long. What's reasonable is a constant negotiation.
  • Quote shopping. Two-quote requests and lowball assessments push you toward the cheapest repair, not the correct one.

DIY vs handing it to an accident management company

CategoryDoing it yourselfThrough Crash Assist
CostNo excess (it's their insurer), but your hours, upfront hire costs and recovery riskNo excess, and no cost to you if eligible: recovery risk sits with us
The chasingYou, on hold, during business hoursUs: it's literally the job
Hire carYou arrange and fund it, then argue for reimbursementLike-for-like car delivered, billed to the claim
RepairsYou coordinate quotes, assessments and approvalsDone at our own repair facilities, assessment prepared to insurer standard
LeverageOne-off claimantA team that runs these claims every week

The honest version

You can absolutely run a direct claim yourself: straightforward, liability-admitted claims settle fine DIY. Where we earn our keep is everything else: disputed fault, slow insurers, hire-rate arguments, and the simple fact that you have a job that isn't 'insurance correspondence'. Checking eligibility costs nothing either way.

Quick answers

Do I need the other driver's claim number?

It helps a lot. The gold standard: have the at-fault driver phone their insurer and lodge the claim at the scene, then note the claim number they're given. Once a claim is lodged they can't 'forget' the accident or stop answering calls. Chasing that lodgement weeks later is a genuine hassle. Couldn't get one? Call us early anyway, but know that a rego alone is rarely enough to get an insurer moving; the first job becomes pinning down the driver's details, their insurer and that lodgement.

How long does the at-fault insurer have to respond?

There's no statutory response clock for third-party property claims, which is exactly why persistent, documented follow-up matters. Insurers do move; they move faster when someone keeps the file warm.

I already claimed on my own policy: can I still recover my excess?

Generally yes. When your insurer recovers from the at-fault side, your excess is typically refunded. Ask your insurer about recovery status, and see do I pay an excess? for how the pieces fit.

About this guide: general information for NSW drivers, prepared by the Crash Assist team, not legal, financial or insurance advice. Accidents turn on their facts; for an answer specific to yours, get in touch, it costs nothing to ask.

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