Being rear-ended is one of the most common types of car accidents in Melbourne. It's also one of the clearest cases of not being at fault. Under Victorian road rules, the driver behind is responsible for maintaining a safe following distance — and when they fail to do so, the consequences fall squarely on them. If you've been rear-ended, you may be entitled to a replacement vehicle, repair costs, and more, with no upfront cost to you.
Here's what you need to know.
Am I at fault if I was rear-ended?
In the vast majority of cases, no. The driver who strikes from behind has failed their duty to maintain a safe following distance. This applies whether you stopped suddenly at lights, were stationary in traffic, or were travelling below the speed limit. Australian courts and insurers have consistently treated rear-end collisions as the rear driver's fault.
Exceptions do exist — for example, if you reversed suddenly and unexpectedly, or cut in so close that the driver behind had no reasonable chance to brake — but these are genuinely uncommon. If you were driving normally and were struck from behind, the likelihood is that liability rests with the other driver.
You do not need to prove anything beyond the basic facts of the accident. The burden of establishing an exception falls on the other driver.
What are you entitled to after being rear-ended?
Where the other driver is at fault, you may be entitled to:
- Repair of your vehicle at the at-fault driver's insurer's expense, subject to the claim being accepted
- A like-for-like replacement vehicle while yours is being repaired, with no upfront hire charge where eligible
- Compensation for out-of-pocket losses caused by the accident, including towing, alternative transport, and other direct expenses, subject to claim
The replacement vehicle entitlement is not a gift from an insurer — it is a recovery of a genuine loss you have suffered as a result of the other driver's negligence. It's grounded in common law, not just policy terms.
How to handle the other driver at the scene
What you do at the scene matters. Take the following steps:
- Get the other driver's full name, address, phone number, and driver's licence number
- Note their registration plate and vehicle make and model
- Ask for their insurer name and policy number if they have it to hand
- Take photos of both vehicles, all visible damage, and the position of the cars on the road
- Photograph road markings, traffic lights, and any relevant signage
- Get witness names and contact details if anyone saw the collision
- Do not admit fault or discuss liability at the scene, even casually
That last point matters more than people realise. Saying "sorry, I didn't see you coming" could be used later by the other driver's insurer to suggest shared fault. Keep the conversation factual.
Should I call the police after a rear-end collision in Victoria?
If no one is injured and both drivers exchange the required details, you are not legally required to call police at the scene in Victoria. However, you may want to file a police report later if:
- The other driver disputes liability or gives you false details
- The other driver is uncooperative or leaves the scene
- The damage is significant and you anticipate a contested claim
In Victoria, you must report to police if anyone is injured. If there is any injury at all — including whiplash or pain that develops hours later — report it promptly.
A police event number is a useful reference point for both insurance and credit hire purposes, even when attendance wasn't mandatory.
How to get a replacement car after being rear-ended
You do not have to wait for the insurance claim to resolve before accessing a replacement vehicle. A credit hire company can arrange a replacement on the same day, in many cases.
The process is straightforward:
1. Contact 888 Car Hire on 0423 022 881 as soon as possible after the accident 2. Provide the details you have: the other driver's registration plate, their name, and their insurer if known 3. We arrange a like-for-like replacement vehicle and deliver it to your Melbourne metro address 4. We manage correspondence with the at-fault insurer and seek to recover hire costs on your behalf
No upfront payment is required where eligible. You don't need to have resolved the claim, received a claim number, or even spoken to an insurer yet.
Do I need a claim number first?
No. A claim number is helpful when you have one, but it is not a prerequisite for starting the process. The other driver's registration plate and name are enough to begin.
If the other driver's insurer hasn't been contacted yet, we can assist with that process as well. The earlier you call, the sooner you're back in a vehicle.
What if the other driver disputes being at fault?
Disputes do occur, even in seemingly straightforward rear-end cases. Insurers will sometimes push back, particularly if they believe there are grounds to argue the collision wasn't entirely their client's fault.
If a dispute arises, a credit hire company manages all correspondence with the at-fault insurer on your behalf. Your replacement vehicle continues while the matter is being resolved, subject to your rental agreement. You don't have to argue the case yourself — that's handled for you.
If the dispute is serious or liability remains unresolved for an extended period, you may wish to seek independent legal advice.
If you've been rear-ended and need a replacement car today, visit 888 Car Hire's not-at-fault car hire page to check your eligibility, or call us on 0423 022 881. We deliver across Melbourne metro, often on the same day.