Almost everything that happens after an accident depends on one question: who caused it. This guide sets out plainly what changes for you in each case, including the very common situation where nobody is certain yet.
If another driver was at fault
This is the strongest position to be in. Because the loss was caused by someone else, the costs of putting you back where you were are generally recoverable from them or their insurer.
- A like-for-like replacement vehicle is usually available while your car is off the road
- The cost is usually covered, with no upfront payment in most cases
- You may have more say in who repairs your car
- Your excess may be waived or refunded once the at fault driver is identified
If you were at fault
Your own policy determines what happens. Comprehensive cover generally pays for your repairs after you pay your excess.
A hire car is only provided if your policy includes that benefit, which is often an optional extra rather than standard.
Repairs are usually directed through your insurer's network unless your policy includes choice of repairer.
If nobody is sure yet
This is extremely common and it is not a reason to delay getting help. Fault is decided on the evidence, not on what either driver believes at the scene.
Photos, witness details, the position of the vehicles and the damage patterns all feed into that assessment. The sooner those are gathered, the better the outcome tends to be.
If you are unsure, say so. It is far better than guessing and it does not weaken your position.
Where people lose time
The most common delays are not caused by repairs. They are caused by missing information, particularly the at fault driver's insurer and claim number, and by waiting to see what the insurer does next.
- Not collecting the other driver's details at the scene
- Waiting days before reporting the accident
- Assuming the other driver has lodged a claim when they have not
- Accepting the first offer without understanding what it covers
The practical difference
In a not at fault claim, the goal is recovery of your losses from the party responsible. In an at fault claim, the goal is making the most of the cover you have already paid for.
SmashX handles both, and the first step is the same either way: tell us what happened and we assess it from there. Eligibility and circumstances apply.
Common questions
What if I think I might be partly at fault?
Fault can be shared, and it is assessed on the evidence. Do not assume you are responsible before the circumstances have been reviewed.
Do I get a replacement car if I caused the accident?
Only if your own policy includes a hire car benefit, which is frequently an optional extra rather than standard cover.
Does being not at fault mean I pay nothing?
Where you are not at fault and eligible, costs are usually covered with no upfront payment in most cases. Eligibility and circumstances apply.
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Free Call 0468 088 838This guide is general information about the accident claims process in New South Wales. It is not legal or insurance advice, and it does not take your individual circumstances into account. Your policy wording and the facts of your accident determine what applies to you. Eligibility and circumstances apply.