If another driver ran into you, you probably already know you weren't at fault. What you may not know is that you're legally entitled to a replacement car — one of similar size and type to your own — for the entire duration of your repair. And it costs you nothing.
Most Melbourne drivers either don't know this right exists, or assume it's complicated to access. It isn't. Here's a clear guide to what you're entitled to and how to claim it.
What "not at fault" means legally
In Victoria, fault in a car accident is assessed based on who caused the collision. If another driver ran a red light and hit you, rear-ended you while you were stationary, or side-swiped you while merging — they are at fault.
You do not need a court ruling or a formal determination to access a replacement vehicle. You need reasonable evidence that the other driver caused the accident — photos, a police report, dashcam footage, or witness details all count.
What you're entitled to
If you were not at fault, you are entitled to be restored to the position you were in before the accident. In practical terms, this means:
- A like-for-like replacement vehicle — similar in size, type, and purpose to your own car
- For the full duration of your repair — from the day you make the claim until your car is returned
- At zero cost to you — the cost is borne by the at-fault driver's insurer, not by you
If you drove a small hatchback, you get a comparable small car. If you drove an SUV, you get a comparable SUV. The standard is like-for-like — not a downgrade.
The three eligibility conditions
Almost all not-at-fault drivers qualify. The three conditions are:
1. The accident involved two or more vehicles — single-vehicle accidents (hitting a wall, running off the road) are not covered, as there is no at-fault third party. 2. You were not at fault — or at least not the primary cause of the accident. 3. The at-fault driver was insured — they must hold CTP (compulsory third party) or comprehensive insurance.
If all three apply, you almost certainly qualify. Call a credit hire company and they will confirm within minutes.
Edge cases — what changes
Partial fault: If you were partly responsible for the accident (e.g. you were both changing lanes), you may still qualify depending on the degree of fault. If you were primarily not at fault, you likely have a claim. A credit hire provider will assess this with you.
Uninsured driver: If the at-fault driver is uninsured, your options narrow. You may have a claim through your own insurer (if you hold comprehensive cover) or through the Transport Accident Commission (TAC) if there is injury involved. Credit hire requires the at-fault driver to be insured.
Hit-and-run: If the driver fled and cannot be identified, credit hire is generally not available. However, you may have options through your own insurer or the Nominal Defendant scheme for uninsured vehicles.
How to claim your entitlement
The fastest and simplest way is to contact a credit hire company directly — not your own insurer first.
Why not go through your own insurer? When you make a claim through your own insurer, they control the process, may require you to pay an excess, and will negotiate with the at-fault insurer on their terms. You can still claim — but you lose control and may face out-of-pocket costs.
With credit hire, you contact a provider like 888 Car Hire directly. You provide the at-fault driver's insurer name and claim reference. We deliver a replacement vehicle — often the same day — and we recover the cost from the at-fault insurer ourselves. You pay nothing.
What it costs you
Nothing upfront.
You are responsible for fuel, tolls, and any parking fines incurred during the hire. The hire rate itself — typically $50–$100/day for an everyday vehicle — is billed directly to the at-fault insurer.
If the insurer disputes the claim, the credit hire company handles that dispute. You continue to have use of the vehicle while it is being resolved.
What to do next
1. Make sure you have the at-fault driver's name, insurer, and claim reference (if they have already lodged a claim) 2. Call a credit hire provider 3. Confirm your eligibility — takes minutes 4. Receive your vehicle — often the same day