After a not-at-fault accident, you'll eventually need to deal with the at-fault driver's insurer. It might happen the same day — if the other driver calls their insurer at the scene — or it might come days later when a claims officer rings to discuss the matter. Either way, it's important to understand something from the outset: this insurer represents the other party, not you. Their job is to settle the claim as economically as possible. That doesn't mean they're dishonest — but it does mean you should go in with your eyes open.
Here's how to handle the process.
The first contact: what to say and what not to say
When an at-fault insurer first contacts you, stay calm and keep your answers factual.
Do: - Provide factual information about the accident — where it happened, when, and a straightforward account of how it occurred - Confirm the other driver's policy number if you have it - Ask for the name of the claims officer and their direct contact details - Take notes during the call: date, time, caller name, what was discussed
Do not: - Admit any fault or use hedging language like "I think I could have braked sooner" or "maybe I wasn't paying full attention" — even if you feel partially responsible, this is not the moment to say it - Accept a settlement offer on the first call without reviewing it carefully - Sign any release, waiver, or settlement document without fully understanding what rights you're releasing - Agree to use their preferred repairer, their preferred hire car, or their assessment process without knowing you have alternatives
First contacts are often low-pressure and factual. But they are also a data-gathering exercise for the insurer.
What the at-fault insurer is likely to offer
Depending on the situation, the at-fault insurer may:
- Offer to repair your vehicle through their preferred repairer — you are not obliged to accept this. In Victoria, you may use your own licensed repairer.
- Offer a hire car through their network — typically at a low daily rate and for a short period. This offer may undervalue your actual entitlement.
- Dispute liability — particularly if their client is telling a different story, or if there is any ambiguity in the circumstances
Each of these situations requires a different response, and understanding your rights in advance puts you in a much better position.
Your right to use your own repairer
In Victoria, you may choose your own licensed repairer. The at-fault insurer must pay reasonable repair costs regardless of which repairer you select. You are under no obligation to send your car to a repairer you don't trust or haven't chosen.
If an insurer insists their preferred repairer is the only option, that is incorrect. Politely confirm that you will be using your own repairer and request that they direct their assessor accordingly.
What if the at-fault insurer disputes liability?
Disputed liability is one of the more frustrating outcomes, particularly after an accident where you feel the fault is obvious. Insurers dispute liability for various reasons — their client has given a different account, there is limited independent evidence, or they are testing whether you'll accept a partial-fault settlement.
If this happens:
- Gather your evidence: photos, police report or event number, witness statements, dashcam footage if available
- Do not accept a partial settlement without independent advice if you believe you were not at fault at all
- Consider lodging a complaint with the Australian Financial Complaints Authority (AFCA) if the dispute is not resolved through the insurer's internal process
- Seek independent legal advice if the claim value is significant
If you're using a credit hire company, they manage all correspondence with the at-fault insurer throughout this process. You don't have to argue the case yourself.
Why many not-at-fault drivers use a credit hire company
A credit hire company acts in your interest, not the insurer's. When you use 888 Car Hire's not-at-fault service:
- You receive a replacement vehicle immediately, with no upfront payment where eligible
- We manage all correspondence with the at-fault insurer on your behalf
- If the insurer disputes the hire rate or period, that dispute is between us and them — not your problem
- You are removed from a claims process you didn't cause and shouldn't have to manage
This is particularly valuable when liability is disputed or the insurer is slow to co-operate. You remain in a vehicle while the matter is resolved, subject to your rental agreement.
Timeline expectations
Simple, uncontested claims: Two to eight weeks from accident to settlement is common where liability is clear and co-operation from the at-fault insurer is reasonable.
Disputed liability claims: These can take months, particularly if AFCA or legal processes are involved.
During this time, your credit hire vehicle continues, subject to the terms of your rental agreement. The hire company seeks recovery of costs for the full eligible period.
The bottom line on dealing with at-fault insurers
Be factual, be firm, and know your rights. You are entitled to your own repairer, your own hire car arrangements, and independent legal advice. You do not have to accept what the at-fault insurer offers by default.
For support navigating this process, visit 888 Car Hire's not-at-fault car hire Melbourne page or our guide on how credit hire works in Australia. You can also reach us directly on 0423 022 881.