If another driver caused your accident, you should not be the one left without a car. This guide explains where a replacement vehicle comes from when you are not at fault, who carries the cost, and what like-for-like actually means.
The basic principle
When someone else damages your property, the general principle is that you should be put back in the position you were in before it happened. Losing the use of your car is part of that loss.
That is why a driver who is not at fault may be able to claim the cost of a replacement vehicle from the at fault driver's insurer, rather than paying for it themselves.
Whether that applies to you depends on the circumstances of the accident and who is found responsible. Eligibility and circumstances apply.
Not at fault, at fault, and not sure
Not at fault means another driver caused the accident. This is the situation where a replacement vehicle is most commonly available at no upfront cost to you.
At fault means you caused the accident. Your own policy determines what you receive, and many comprehensive policies include a hire car only if you have paid for that option.
Not sure is extremely common and is not a problem. Fault is assessed on the evidence rather than on what either driver believes on the day. You do not need to work it out yourself before asking for help.
What like-for-like means
Like-for-like means the replacement should be comparable to the car you actually drive, rather than whatever happens to be free on the lot.
If you drive a seven seat family car, a small hatchback does not replace it. If you drive a prestige vehicle or an EV, the replacement should reflect that.
- Similar size and body type
- Comparable feature level
- Suitable for the same purpose, such as carrying children or towing
- Available for as long as your car is genuinely off the road
What it should not cost you
Where you are not at fault and eligible, the cost of the replacement vehicle is usually covered, with no upfront payment in most cases.
You should not be asked to fund the vehicle and claim it back later, and you should not need to hand over a credit card deposit at a rental counter. Eligibility and circumstances apply.
SmashX arranges delivery and collection so you are not spending a morning at a rental desk while dealing with everything else.
How long you can keep it
A replacement vehicle covers the period your own car is genuinely unavailable. That usually runs from the point your car goes off the road until repairs are complete and it is returned to you.
If your car is written off, the period is generally shorter and tied to settlement rather than repair. Delays that are outside your control, such as waiting on parts, are normally part of the repair period.
What you will be asked for
To arrange a replacement vehicle, expect to provide your driver licence details and to complete a short form confirming the accident details and the other driver's information where you have it.
Having the other driver's insurer and claim number speeds this up considerably. If you do not have it, that is recoverable, it simply takes longer.
Common questions
Do I have to pay for a replacement car if I was not at fault?
In most cases where you are not at fault and eligible, the cost is usually covered with no upfront payment. Eligibility and circumstances apply, so the specifics depend on your accident.
What if I do not know who was at fault?
That is common and it is not a barrier to getting help. Fault is assessed on the evidence, including photos, witness accounts and the position of the vehicles.
Will using a replacement vehicle affect my insurance premium?
Arranging a replacement vehicle through a not at fault claim is separate from claiming on your own policy. How your premium is affected depends on your insurer and the circumstances, so check with them directly.
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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.