Insurance Claims Guide · Victoria
Car Insurance Claims After an Accident in Victoria
Who decides fault, which insurer to claim with, who picks the repairer, and what to do when a claim stalls. Plain answers for Victorian drivers.
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Quick Answer
How a claim works, in one paragraph.
When another driver causes a crash, the bill for fixing your car should end up with their insurer. You can get it there in two ways: claim on your own policy and let your insurer chase the money, or lodge a claim directly with the at-fault driver's insurer. The insurers decide fault from the evidence, so the details and photos you collect matter more than anything said at the roadside. The right route depends on your cover, how clear the fault is, and whether the other driver can be found and is insured. Claiming with the at-fault driver's insurer keeps your own excess out of it, while a claim on your own policy usually means paying the excess and asking whether it's refunded once your insurer recovers the cost. Injuries are a separate matter, claimed through the TAC rather than the car insurance.
Where a topic has its own article, we summarise it here and link to it.
Last updated 22 October 2026 · By Ali Akber, CEO, SS Automotive Group
Fault
At fault, not at fault, and who decides.
You're not at fault when the other driver caused the crash, say by running into the back of you or failing to give way. Fault can also be shared.
The yardstick in Victoria is the Road Safety Road Rules 2017, which cover giving way, following distances, lane changes and turning. Insurers compare what each driver did against those rules, using your account of the crash, where the damage sits, photos, witnesses and any police information.
For the claim, the insurers make the call. Moneysmart notes an insurer may contact the other drivers, their insurers and witnesses, and may investigate to confirm who was at fault. At the scene, collect evidence and leave blame for later.
Every driver in a Victorian crash must stop, help anyone injured, and give their name, address, registration and the owner's name to the others involved. Transport Victoria lists these duties, including when a crash must be reported at a police station.
Two Ways to Claim
Your own policy, or the at-fault driver's insurer.
Neither route is always better. This is how they usually compare.
| Claim on your own policy | Claim with the at-fault driver's insurer | |
|---|---|---|
| Who you deal with | Your insurer, which then recovers the cost from the other side. | The other driver's insurer. You claim as a third party, not as their customer. |
| Cover you need | Cover for damage to your own car, which normally means comprehensive. | None of your own. This route works with third party cover or no cover at all. |
| Excess | Generally payable, unless your policy waives it. Waivers often depend on the at-fault driver being identified. | Your own excess doesn't come into it, because you aren't claiming on your policy. |
| Repairer | Set by your policy wording. | Usually your choice. The insurer still checks the quote is reasonable. |
| Good when | Fault is unclear, the other driver isn't responding, or you'd rather your own insurer did the arguing. | Fault is clear and the other driver is identified and insured. |
| Watch for | The excess, and a possible effect on future premiums or a no-claim bonus. Ask your insurer. | Waiting while their insurer confirms with its own customer what happened. |
What each level of cover pays for is set out in comprehensive vs third party car insurance. For who to ring first and what to do if the other driver goes quiet, see someone hit my car: whose insurance do I call?
Choosing Your Repairer
Who gets to pick the repairer?
On your own policy, the answer is in your Product Disclosure Statement (PDS) and policy schedule. Some policies let you nominate your own repairer as standard, some offer it as a paid extra, and some leave the choice with the insurer. Even where you can choose, the insurer normally assesses the quote before approving work.
Questions worth asking your insurer before the car goes anywhere:
- Can I nominate my own repairer on this policy?
- Does using my own repairer change my excess or any repair warranty you offer?
- Do you need to assess the car first, and where does it need to be?
- Will you approve the quote in writing before work starts?
On a claim against the at-fault driver's insurer, your policy's repairer rules don't apply, though that insurer will still want a reasonable quote.
SS Automotive is an independent repairer at 5 Quinn Street, Dandenong. If you want us to fix your car, let the insurer know you've picked us, or pass us the claim number and we'll make contact. Panel work is done in our workshop and painting in our own spray booth. Repairs carry a lifetime warranty on workmanship for as long as you own the car; it doesn't cover new damage, wear and tear, or parts covered by the manufacturer's warranty.
Excess, Replacement Cars and Timing
The questions everyone asks first.
Will I pay an excess?
The excess is the part of a claim you pay yourself. On your own policy, Moneysmart says you generally pay it whether you're at fault or not, and some policies waive it only in limited circumstances. Claiming against the other driver's insurer keeps your excess out of it. If you pay one, ask whether it's refunded once your insurer recovers the cost. More in insurance excess explained.
Can I get a replacement car?
When SS Automotive manages your not-at-fault claim, once the claim paperwork is finalised and you drop your car off, you get a replacement car straight away. The replacement car is arranged through an authorised rental company and billed to the at-fault driver's insurer; fuel, tolls and any fines during the hire are the driver's responsibility. For the wider rules on hire cars after a crash, and what to check before signing any hire agreement, read not-at-fault hire car.
How long will it take?
Moneysmart says an insurer must contact you within 10 business days of a claim being lodged. Insurers that subscribe to the General Insurance Code of Practice must also update you on progress at least every 20 business days. The usual stages, and what slows them down, are in how long does a car insurance claim take?
Your Situation
When it's straightforward, and when it's harder.
Other driver identified and insured
The simplest case. You have their name, rego and insurer, and the damage fits a clear account, such as being hit from behind. Both claim routes are open.
Other driver isn't insured
There's no insurer on their side to pay. With comprehensive cover, claim on your own policy and your insurer may pursue the driver. Without it, you may have to recover the cost from the driver personally, which is slower and less certain. Someone hit my car lists where to get legal information.
Hit-and-run, or no details
Report it at a police station and keep the event number, because insurers commonly ask for one. With no driver to claim against, the claim goes on your own policy, and many policies charge the excess when the at-fault driver can't be found.
Single-car crash or animal strike
A pole, a kerb or a kangaroo leaves no other driver to claim against. Any claim goes on your own policy under the cover it gives, and your excess normally applies. Third party property cover on its own won't pay for damage to your car. For a minor scrape where the excess may be close to the repair cost, our bumper, dent and scratch repairs page explains how we assess the damage first.
Fault is disputed
When each driver blames the other, insurers may investigate before approving anything. Photos, witnesses and a police event number carry weight. Claiming on your own comprehensive policy lets your insurer argue it out with the other side, though your excess may apply.
On police reports, Victoria Police says that if no one was injured and everyone exchanged names and addresses, it won't normally make a formal report of the crash. If details weren't exchanged, contact your local police station.
Delays and Disputes
If the insurer is slow or you disagree.
- Ask for an update in writing. Quote your claim number and ask what's outstanding and when a decision is due.
- Make a formal complaint to the insurer. Every insurer has an internal complaints process. Under the General Insurance Code of Practice, a subscribing insurer must give you a final response within 30 days, or tell you in writing before then why it needs longer. Its response must explain the reasons and tell you about your right to go to AFCA.
- Take it to AFCA. The Australian Financial Complaints Authority handles complaints about financial firms that are AFCA members, including insurers. AFCA describes its service as free, fair and independent. Its list of insurance issues includes delays in making a decision, denied claims, and disputes over liability for a car accident or an excess.
Keep a log of dates, names, reference numbers and emails as you go. Your PDS will usually say whether your insurer subscribes to the Code.
If we're managing your not-at-fault claim, we deal with the insurer and keep you posted, so you aren't left making the follow-up calls.
What to Bring Us
Have these ready when you call.
- Claim number and which insurer it's lodged with. Not lodged yet? Call anyway and we'll tell you what's needed.
- The other driver's details: name, phone, address, rego and insurer.
- Photos: both cars, number plates, close-ups and wider shots of the damage, and the scene.
- Your car's rego, plus your own insurer's name and policy number.
- Insurer contact: the claims phone number or email, and the name of anyone you've spoken to.
- Police event number if police attended or you reported the crash, and any witness names and numbers.
Common Questions
Insurance claim questions
Do I have to claim on my own insurance if someone hit me?
No. If the other driver is identified and insured, you can lodge a claim directly with their insurer. Claiming on your own policy is also an option, usually with comprehensive cover, but your excess may apply.
Who decides who was at fault?
The insurers, based on the evidence: what each driver did under the road rules, photos, the damage, witness accounts and any police report. If you disagree, complain to the insurer first and then to AFCA.
Can I choose my own repairer?
On a claim against the at-fault driver's insurer, usually yes. On your own policy it depends on the PDS, so ask your insurer before booking any work. SS Automotive is an independent repairer in Dandenong.
Is it worth claiming for a small dent?
Not always. Moneysmart notes that for minor damage, paying for the repair yourself can cost less than the excess, and a claim may push up future premiums. If an insured driver caused it, claiming against their insurer keeps your excess out of it.
What if someone was hurt in the crash?
Injuries are handled separately from the car insurance claim. In Victoria, people injured in a transport accident claim with the Transport Accident Commission (TAC), online or on 1300 654 329, and the TAC says it can pay for treatment and services even if the accident was your fault. The repair claim for your car goes through the insurers as normal.
Do I need a police report?
Victoria Police doesn't normally make a formal report when no one was hurt and everyone exchanged names and addresses. If someone was injured, or the other driver left without giving details, report it and keep the event number for your insurer.
Will I get a replacement car?
When SS Automotive is managing your not-at-fault claim, once the claim paperwork is finalised and you drop your car off, you get a replacement car straight away. The replacement car is arranged through an authorised rental company and billed to the at-fault driver's insurer; fuel, tolls and any fines during the hire are the driver's responsibility.
What if the insurer is taking too long?
Ask for an update in writing, then use the insurer's complaints process. If you're still unhappy with its response, you can take the complaint to AFCA.
Please note: this page is general information, not legal or financial advice. How a claim turns out depends on your policy, the circumstances of the crash and the decisions of the insurers involved. Check your PDS and ask your insurer about your own situation.
Not at fault?
Start your claim, or check where you stand.
Our phone is answered 24/7 on 03 8774 5785, and accident towing is arranged at any hour. Workshop at 5 Quinn Street, Dandenong VIC 3175, open Monday to Friday, 9:00 AM to 6:00 PM, and Saturday 10:00 AM to 3:00 PM by appointment.
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