Most Victorian drivers don't know they can choose their own replacement car provider, claim a hire vehicle without their own insurance, and keep the replacement car through a total loss settlement. Here's what you're actually entitled to.
The at-fault insurer may not tell you this.
If you're directed to the insurer's preferred hire company, you are not obliged to use them. You have the right under Australian common law to choose your own provider and have the reasonable hire costs recovered from the at-fault insurer. This guide explains your rights in plain English.
You can choose your own hire car provider
The at-fault insurer may recommend or refer you to their preferred hire company. You do not have to accept. That company exists to control the insurer's costs — not to serve your interests. Under Australian common law, you are entitled to engage an independent provider and have the reasonable hire costs recovered from the at-fault insurer. 888 Car Hire is one such independent provider.
You don't need your own insurance to qualify
The entitlement to a replacement vehicle comes from the negligence of the at-fault driver — not from your own insurance policy. Even if you only hold third-party property insurance, or no comprehensive insurance at all, you may still be eligible for a not-at-fault replacement vehicle provided another driver caused the accident.
You don't need a claim number to get started
Many drivers wait days before contacting a hire company because they are waiting for a claim number. You don't need one. A claim number is helpful, but you can begin the process with the other driver's registration plate and name. 888 Car Hire will help gather additional details as the claim progresses.
Your entitlement continues through total loss
If your car is written off, your entitlement to a replacement hire vehicle does not automatically end at the moment of declaration. The hire generally continues until a settlement offer has been made and accepted, or until a reasonable period for you to source a replacement vehicle has elapsed. The exact duration depends on the circumstances.
You are not responsible for the at-fault driver's insurer's costs
Some insurers will pressure not-at-fault drivers to accept a cheaper vehicle or a shorter hire period to reduce their own liability. You are not obliged to minimise the insurer's exposure. You are entitled to a reasonable, comparable replacement vehicle for the duration of your loss of use. Where the hire rate and duration are reasonable, the insurer must cover them.
What you are still responsible for
While the hire cost itself is recoverable from the at-fault insurer for eligible claims, you remain responsible for normal running costs during the hire — fuel, tolls, parking fines, and anything set out in your rental agreement. Your hire company should make these obligations clear before you take the vehicle.
These are common scenarios. Knowing your position helps.
"You have to use our hire car company."
You don't. Under Australian common law, you're free to choose your own provider. The insurer can recommend a company, but cannot force you to use them.
"We can only offer you a smaller vehicle."
You're entitled to a comparable, like-for-like replacement — similar in size and type to your own vehicle. A smaller or less suitable vehicle may not meet that standard.
"Your hire ends now that the car is a total loss."
Not necessarily. The hire entitlement generally continues through the settlement process — until an offer is made and accepted, or a reasonable period to find a replacement has passed.
"You need your own hire car coverage for this."
You don't. The entitlement comes from the at-fault driver's negligence — not from your own insurance policy. You can claim regardless of your level of cover.
Am I legally entitled to a replacement car after a not-at-fault accident in Victoria?
Yes. Under Australian common law, a not-at-fault driver is entitled to be placed back in the position they were in before the accident. This includes the cost of a comparable replacement vehicle while their car is unavailable for repair or assessment. The at-fault party or their insurer is responsible for the reasonable cost of that hire.
Can I choose my own replacement car hire provider?
Yes. You are free to choose your own replacement vehicle provider. The at-fault insurer may refer or recommend their preferred hire company, but you are not obligated to use them. Their preferred provider is contracted to minimise costs for the insurer — not to maximise your entitlement. You can engage an independent provider like 888 Car Hire and have the reasonable hire costs recovered from the at-fault insurer.
Do I need to have my own comprehensive insurance to claim a replacement car?
No. The entitlement to a replacement vehicle comes from common law — not from your own insurance policy. The claim is directed at the at-fault driver or their insurer, not your own insurer. Even if you only hold third-party property insurance or no insurance at all, you may still be eligible for a not-at-fault replacement vehicle.
What if the at-fault insurer says I have to use their hire car company?
You do not. The at-fault insurer may attempt to direct you to a preferred or panel hire company. You can decline. If you choose your own independent provider and the costs are reasonable, the insurer is obliged to meet those costs. This is a well-established principle under Australian common law.
Does my entitlement end when my car is declared a total loss?
Not necessarily. The replacement hire entitlement generally continues through the settlement process — not just until the car is written off. In total loss cases, the entitlement typically runs until a settlement offer is made and accepted, or until a reasonable period for the driver to source a replacement has elapsed. Our team can advise on your specific situation.
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888 Car Hire is an independent Melbourne provider. We deal with the at-fault insurer on your behalf, organise your replacement vehicle, and seek recovery of the hire costs — all with $0 upfront for eligible claims.
No claim number needed. No upfront payment for eligible claims.
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