What Is a Not-At-Fault Claim in Melbourne? A Guide for Drivers

If your car has been damaged in an accident that wasn’t your fault, you may be eligible for a not-at-fault claim. At Autobody Prestige Smash Repairs, we help Melbourne drivers navigate these claims smoothly, ensuring their vehicle is restored to its pre-accident condition—without unnecessary stress or out-of-pocket costs.

In this blog, we’ll explain:

What a not-at-fault claim is
How the process works in Melbourne
Your rights when dealing with insurance
Why choosing your own repairer matters

What Is a Not-At-Fault Claim?

A not-at-fault claim occurs when you make an insurance claim for repairs after an accident where the other driver was fully or partially responsible. Since you didn’t cause the collision, your insurer should recover costs from the at-fault party’s insurance, meaning:

No excess payment (in most cases)
No impact on your No-Claims Bonus (if applicable)
Faster approval process (compared to at-fault claims)

Common Examples of Not-At-Fault Accidents:

Rear-end collisions (if you were hit from behind)
Intersection accidents where the other driver ran a red light
Parked car damage (hit-and-run or while stationary)
Side-impact crashes where the other driver failed to give way

How Does a Not-At-Fault Claim Work in Melbourne?

Several factors can influence the deadlines for submitting a compensation request and the overall settlement process. Here are some of them:

Report the Accident

Call the police if injuries or significant damage occurred (required by law in Victoria for accidents over $2,100 in damage).
Exchange details with the other driver (name, contact, license, insurance, and registration).

Notify Your Insurer

Lodge a claim with your insurer as soon as possible.
Provide evidence (photos, witness statements, police report if applicable).
Clearly state that you were not at fault.

Choose Your Repairer (Your Right!)

Many insurers push their "preferred repairers," but you have the legal right to select your own smash repairer (like Autobody Prestige).
Independent repairers often provide higher-quality repairs (OEM parts, manufacturer-approved techniques) compared to insurer-approved shops that may cut costs.

Assessment & Repairs

Your insurer or the at-fault party’s insurer will assess the damage.
Once approved, we handle the repairs with lifetime guarantees on workmanship.
If the at-fault driver is uninsured, your insurer may still cover repairs (depending on your policy).

Claim Resolution

Your insurer recovers costs from the at-fault party’s insurance (subrogation).
You get your car back without paying an excess (in most cases).

Why Choosing Your Own Repairer Matters?

Many insurers pressure customers to use their “network” repairers, but these shops often:

Use cheaper aftermarket parts (affecting safety and resale value)
Rush repairs due to high insurer workloads
Offer limited warranties

At Autobody Prestige Smash Repairs, we:

Use genuine/OEM parts where possible
Follow manufacturer repair standards
Provide lifetime warranties on our work
Deal directly with insurers to minimise hassle for you

What If the At-Fault Driver Disputes Liability?

If the other driver denies fault, your insurer will investigate. You can help by providing:

Dashcam footage
Witness statements
Police reports
Photos of vehicle positions and damage
If liability is unclear, your insurer may treat it as a “fault disputed” claim, but you still have repair options.

Need Help With Your Not-At-Fault Claim in Melbourne?

At Autobody Prestige Smash Repairs, we specialise in:

Insurance claim assistance (we liaise with insurers for you)
High-quality, stress-free repairs
Lifetime guaranteed workmanship

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We Work with All Car Insurance Companies and Can Help You with The claims Process