Terms & Conditions

These Terms & Conditions (“Terms”) govern your use of the Crash Assist website and the services provided by Crash Assist Pty Ltd (“Crash Assist”, “we”, “us” or “our”). Please read them carefully. By using our website or engaging our services, you agree to these Terms.

Any information provided by us is general in nature and does not constitute legal, financial or insurance advice. You should obtain independent advice before making decisions about liability, settlement or insurance claims.

The specific services we provide to you will also be governed by a separate written engagement and, where a replacement vehicle is supplied, a separate vehicle hire agreement. If there is any inconsistency, the signed engagement or hire agreement will prevail.

1. Who we are and what we do

Crash Assist is an accident management company. We assist not-at-fault drivers by managing accident claims, arranging replacement vehicles and coordinating vehicle repairs. We are not an insurer, a law firm or a licensed insurance broker, and nothing on this website is legal, financial or insurance advice.

2. Eligibility and assessment

Whether we can assist you depends on the circumstances of your accident. We will assess your situation and let you know whether you are eligible for our services. Confirming eligibility is at our discretion, and providing an initial indication does not guarantee that services will be provided or that costs will be recoverable.

We may decline to provide services or withdraw services at any time where circumstances change, new information becomes available, or continuing to act would be unreasonable, impractical or unlawful.

3. Our services

• Claims management: liaising with the at-fault party and their insurer on your behalf;
• Replacement vehicle: arranging a like-for-like replacement vehicle, subject to availability, while your vehicle is off the road;
• Repair coordination: coordinating the repair of your vehicle to manufacturer standard.
• Additional services may be provided as agreed in writing.

We do not guarantee any particular outcome, recovery or timeframe.

4. Credit hire and your responsibility for costs

This is important, so please read it carefully. Where you are not at fault, our services (including any replacement vehicle) are generally provided on a credit basis: meaning we arrange and fund the services up front and then seek to recover the costs from the at-fault party or their insurer. “No up-front cost” and “no cost to you when you are not at fault” do not mean the services are provided at no charge in all circumstances.

You may become personally responsible for the Reasonable Costs of the services if:

• recovery from the at-fault party or their insurer is unsuccessful for reasons within your control;
• you are found to be wholly or partly at fault for the accident;
• you provided us with inaccurate, incomplete or misleading information;
• you breach these Terms, your engagement, or the vehicle hire agreement;
• you fail to cooperate with us or the recovery process, or you settle directly with the other party or their insurer without our agreement; or
• the costs are found not to be recoverable at law.

“Reasonable costs” means costs reasonably incurred in providing the services, including hire charges, repair costs, towing, storage, assessment fees and administrative costs.

Before any replacement vehicle is supplied, the full terms of the credit hire arrangement and your potential liability will be set out in a separate agreement that you will be asked to sign. You should read that agreement carefully and ask us any questions before signing.

You indemnify us against any loss, cost or liability we incur as a result of your breach of these Terms, your hire agreement, or your failure to cooperate with the recovery process.

You agree not to negotiate, settle or communicate with the at-fault party or their insurer about recovery of costs without our written consent.

5. Replacement vehicle

Where a replacement vehicle is provided, you agree that you will:

• hold a current, valid driver licence and be authorised to drive the vehicle;
• use the vehicle lawfully and in accordance with the road rules and the hire agreement;
• be responsible for fuel, tolls, fines and infringements incurred during the hire;
• take reasonable care of the vehicle and return it in the condition it was provided, fair wear and tear excepted; and
• only permit authorised drivers to operate the vehicle.

Replacement vehicles are provided on a like-for-like basis where reasonably possible, subject to availability.

You are responsible for any damage to the replacement vehicle (other than fair wear and tear) occurring during the hire period, including damage caused by unauthorised drivers.

6. Repairs

We coordinate repairs to manufacturer standard. Any workmanship guarantee we offer applies on the terms provided to you at the time and does not cover fair wear and tear, subsequent damage, or work carried out by others. We are not responsible for delays caused by repairers, parts availability, assessors or insurers.

7. Your obligations

• Provide accurate, complete and honest information;
• Cooperate with us and provide documents and instructions promptly;
• Not admit liability to, or settle with, the other party or their insurer without first speaking with us;
• Tell us promptly if your circumstances or contact details change.
• You must take reasonable steps to minimise loss, including making your vehicle available for assessment and repair when requested.
• You must notify us immediately if the at-fault insurer accepts liability, makes an offer, or contacts you directly.

8. Authority to act

By engaging us, you authorise Crash Assist to liaise with insurers, repairers, hire providers and other relevant parties, and to collect and exchange information reasonably necessary to provide our services and recover costs, in accordance with our Privacy Policy. This authority continues until the recovery process is complete, unless withdrawn in writing. Withdrawal does not affect costs already incurred.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where permitted, our liability for a failure to comply with a consumer guarantee is limited to re-supplying the services or paying the cost of having them re-supplied.

10. Limitation of liability

To the extent permitted by law, Crash Assist is not liable for any indirect, incidental or consequential loss, or for loss arising from inaccurate information you provide, from delays outside our control, or from the acts or omissions of third-parties including repairers, assessors, tow operators, hire providers or insurers.

We are not liable for delays or failures caused by events outside our reasonable control, including weather events, supply chain issues, system outages or third-party actions.

11. Termination

You or we may end the engagement in accordance with the signed engagement terms. Ending the engagement does not affect any costs already incurred or any rights and obligations that have already arisen.

12. Complaints and dispute resolution

We aim to provide a great service, but if something goes wrong we want to hear about it. Please contact us first at info@crashassist.com.au or 1800 840 221 and we will acknowledge your complaint and work with you to resolve it fairly and promptly. We will handle complaints in accordance with our internal dispute resolution process, available on request.

If we cannot resolve your complaint, you may seek assistance from the relevant external body, such as NSW Fair Trading, or (for a privacy complaint) the Office of the Australian Information Commissioner.

13. Website use and intellectual property

The content on this website is owned by or licensed to Crash Assist and is provided for general information only. Content is general and may not be complete, current or accurate. You may not copy, reproduce or use it for commercial purposes without our permission. We try to keep the website accurate and available but do not guarantee it is uninterrupted or without error. We do not guarantee continuous or secure access to the website. You must not attempt to interfere with the website, introduce malware, or use automated tools to access content.

14. Privacy and Data Use

Our handling of personal information is governed by our Privacy Policy. By using our services, you consent to the collection, use and disclosure of your personal information as described in that Policy.

15. Changes to these Terms

We may update these Terms from time to time. The current version will always be available on this page, with the “last updated” date shown at the top.

16. Severability

If any part of these Terms is invalid or unenforceable, the remainder continues in full force.

17. Entire Agreement

These Terms, together with any signed engagement or hire agreement, constitute the entire agreement between you and us.

18. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

19. Contact us

For any questions about these Terms, contact us at info@crashassist.com.au or 1800 840 221.

These Terms should be read together with our Privacy Policy.