What Happens If the Other Driver Is at Fault?
In a Nutshell: If the other driver is at fault, their insurance (or them personally) pays for your repairs. You claim against their insurer, not your own. Your CTP (green slip) covers your injuries through the driver at fault's CTP policy. If the other driver is uninsured, your options are more limited.
How It Works — At-Fault vs Not-At-Fault
| Situation | Your Insurance | Other Driver's Insurance |
|---|---|---|
| Other driver at fault (has insurance) | You claim through their insurer | ✅ Their insurer pays your repairs |
| Other driver at fault (uninsured) | You claim through your comprehensive | ❌ You pay excess (may be recoverable) |
| Other driver at fault (hit and run) | Claim through your comprehensive | ❌ May need to pay excess |
| You have comprehensive | Insurer handles everything | ✅ Their insurer reimburses yours |
| You only have CTP | You must claim against other driver directly | ❌ Need to chase them personally |
The Claims Process When Not at Fault
| Step | What Happens |
|---|---|
| 1 | Exchange details at the scene |
| 2 | Collect evidence — photos, witness details |
| 3 | Get the other driver's insurer name and policy number |
| 4 | Contact the other driver's insurer directly OR use your own insurer |
| 5 | Your insurer handles it (if you have comprehensive) |
| 6 | Repairer arranges assessment and repairs |
| 7 | The other driver's insurer pays the bill |
| 8 | No excess to pay (you're not at fault) |
💡 Pro tip: Even if you have comprehensive insurance, your insurer will handle the claim against the other driver's insurer. This is the easiest path — you don't need to chase anyone.
Do You Pay an Excess If Not at Fault?
| Cover Type | Excess Payment |
|---|---|
| Comprehensive | ❌ No — your excess is waived when the other driver is at fault and identified |
| Comprehensive (hit and run) | ⚠️ You may have to pay excess (some insurers waive it) |
| Third party property | ✅ No — there's no claim on your own car anyway |
| CTP only | ❌ No — but you must claim against the other driver's policy directly |
⚠️ Note: Some comprehensive policies require you to pay your excess upfront even if you're not at fault. They refund it when the other insurer accepts liability. Check your PDS.
What About Personal Injury?
| Injury Claim | How It Works |
|---|---|
| You are injured | Claim through the at-fault driver's CTP insurance |
| Not-at-fault in NSW | Claim against the other driver's green slip |
| Not-at-fault in VIC | VIC is no-fault — TAC covers you regardless |
| Not-at-fault in QLD | Claim against the other driver's CTP |
| Passenger injured | Claim against the at-fault driver's CTP |
What If the Other Driver Is Uninsured?
| Your Cover | What Happens |
|---|---|
| You have comprehensive | Your insurer pays for repairs. They chase the uninsured driver to recover costs. You pay your excess (may be refunded if recovered). |
| You have third party property | Your policy doesn't cover your car. You must sue the uninsured driver personally. |
| You have CTP only | You must sue the uninsured driver personally for vehicle damage. |
| Your injuries | CTP still covers injuries — even if the other driver is uninsured in most states. |
⚠️ Warning: If you only have CTP and the other driver is uninsured and at fault, recovering costs can be difficult. Many uninsured drivers don't have the money to pay.
What If the Other Driver Disputes Fault?
| Option | How It Works |
|---|---|
| Your insurer handles it | Comprehensive cover means your insurer takes over the dispute |
| Dashcam footage | Essential evidence — share with your insurer |
| Witness statements | Provide contact details of any witnesses |
| Police report | Police will assess fault at the scene (but don't make final liability decisions — insurers do) |
| Insurance investigation | Insurers use a "reasonable care" standard to determine fault |
Key Takeaway
- If the other driver is at fault, their insurer pays for your repairs — not your policy.
- Comprehensive insurance makes the process easy — your insurer handles everything.
- No excess to pay if the other driver is identified and at fault.
- Hit-and-run: may need to pay your excess.
- Uninsured at-fault driver: your comprehensive covers you (you pay excess, insurer chases them).
- CTP covers your injuries — claim against the at-fault driver's CTP.
- Document everything at the scene — photos, witness details, exchange information.
- Don't admit fault — even a polite "sorry" can be used against you.
Last updated: July 2026
Disclaimer: This article provides general information about what happens when the other driver is at fault in a car accident in Australia. State laws and insurer policies vary. Always consult your insurer and, if necessary, a legal professional.