Claims & insurance

Do I pay an excess if the accident wasn't my fault?

Sometimes yes, sometimes no. It depends entirely on which route your claim takes. The three routes, the waiver rules, and how to keep your money in your pocket.

Updated 6 July 2026 · 3 min read · Crash Assist team

It feels obviously unfair: someone runs into your car, and *you're* asked for $800 before the repair starts. Whether that actually happens depends on which of the three claim routes you take, and one of them involves no excess at all.

The short answer, by route

Claim routeExcess?The catch
Your own comprehensive insurerOften payable upfront, then refunded if recovery succeeds: waived upfront by many insurers if you're clearly not at fault AND provide the at-fault driver's detailsA claim is recorded on your policy either way; waiver rules differ by PDS
Direct claim against the at-fault insurerNo excess: it isn't your policyYou do the chasing, and you fund things like hire until reimbursed
Through Crash AssistNo excess: same direct-claim principle, managed for youEligibility applies; services run under our Terms

Why your own insurer can charge an excess when you did nothing wrong

An excess is a contract term of *your* policy, not a fault penalty: it applies to claims you make, whoever caused the damage. The not-at-fault part comes in afterwards: most insurers waive or refund the excess where you can identify the at-fault party (usually name, rego and address or licence details), because they can recover their outlay from the other insurer.

That's the key practical point: the waiver almost always hinges on the quality of the details you collected at the scene. The exchange checklist is literally worth money.

How the refund works when you pay upfront

  1. 1 You pay the excess and your insurer repairs the car.
  2. 2 Your insurer pursues the at-fault driver's insurer for its costs (subrogation).
  3. 3 When recovery lands, your excess comes back, often weeks to months later.
  4. 4 If fault ends up shared, expect a proportionate refund; if recovery fails entirely, the excess can stay gone.

When you won't pay an excess at all

  • Your insurer waives it upfront because you're demonstrably not at fault and the other party is identified. Check your PDS wording for the exact conditions
  • You claim directly against the at-fault insurer: see how a direct claim runs
  • You use a not-at-fault service like ours: the claim targets their insurer, so your policy and its excess never come into play, if you're eligible

Beyond the excess

The excess is only the visible cost of claiming on your own policy. The quieter ones: a claim on your history, possible premium effects at renewal, and a hire car only if your policy includes one. The direct route avoids all three, which is why it's our default at Crash Assist.

Quick answers

My insurer says I must pay the excess even though I gave them the other driver's rego. Why?

Waiver conditions vary. Some insurers want the driver's name AND address or licence number, not just a rego, before treating you as excess-exempt. Ask exactly which particular is missing; sometimes one phone call to the other driver fills the gap.

What if I was partly at fault?

Shared fault usually means shared recovery: your insurer recovers only the other side's percentage, and refunds tend to follow the same split. Fault apportionment is negotiable, though. See how fault is determined before accepting a 50/50 shrug.

I only have third-party property insurance. Where does the excess fit?

Your TPP policy generally covers damage you do to others, not your own car, though some TPP policies include a limited uninsured-motorist extension that covers your car when an identified uninsured driver is at fault, so it's worth checking yours. Otherwise, your route for your own damage is the direct claim against the at-fault insurer: no excess involved. Uninsured or TPP-only options here.

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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