Under Australian law, when making an insurance claim not my fault, you are entitled to a right to drive replacement car, the cost of which should be paid by the insurer of the driver at fault.
How does insurance work when its not your fault?
Your insurance company will pay for your damages, minus your deductible. Don't worry — if the claim is settled and it's determined you weren't at fault for the accident, you'll get your deductible back. The involved insurance companies determine who's at fault.
How do I claim against someone's car insurance Australia?
You can't make a claim against the other party's insurer unless they have made a claim on their insurance policy. If your car was damaged in a car accident and you believe that the other party was at-fault, you should ask the other party to provide you with details of the claim number for their insurer.
How long does an insurance company have to investigate a claim in Australia?
A decision is to be made within four months of receiving your claim, unless there are what's known as exceptional circumstances. If exceptional circumstances apply, a decision will take up to 12 months to be made. Exceptional circumstances may include fraud allegations.
How long after an accident can you file an insurance claim Australia?
While you can file a personal injury benefits claim for three months after a motor vehicle accident has occurred, the real deadline you should keep in mind is 28 days. First of all, 28 days is the time limit to report the incident to the police if they were not at the scene.