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Not at Fault in a Car Accident?

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Autobody Prestige Melbourne

What Does "Not at Fault" Mean in Victoria?

A not-at-fault car accident is one caused by another driver – not you. 


In Victoria, that distinction matters because it determines who pays for your repairs. Here’s what it means in practice:


  • The at-fault driver’s insurer is responsible for covering the cost of repairing your vehicle.
  • You generally don’t pay an excess when the at-fault party is identified and insured.
  • You don’t need comprehensive insurance to make a not-at-fault claim. If the other driver is insured and clearly at fault, their policy covers your repair costs.

Not sure where you stand? Our team can walk you through your specific situation when you call.

Your Rights After a Not-at-Fault Car Accident

A lot of people don’t realise how much protection they have after not-at-fault accidents. Here’s what you’re entitled to under Victorian law:
The right to choose your own repairer

In Victoria, you have the right to nominate the repairer you trust, so you are not required to use the repairer recommended by the at-fault driver’s insurer. That means you can bring your car directly to us, experienced panel beaters in Melbourne, regardless of what the insurer suggests.

If the accident wasn’t your fault, you’re entitled to a replacement vehicle for the full duration of your repairs. This applies even if your policy doesn’t include a hire car benefit. We arrange this for you as part of our service.

If the at-fault driver is insured and identified, the full cost of repairing your vehicle is recoverable through their insurer. We can handle the car insurance accident claim on your behalf, so you don’t have to deal with it directly.

Not-at-fault Accident Repairs by Autobody Prestige Melbourne

What to Do Immediately After a Not-at-Fault Accident

The steps you take in the first hour after an accident can make a significant difference to your not-at-fault insurance claim. Here’s what to do:


  1. Check for injuries: Make sure everyone is safe, and call 000 if anyone is hurt.
  2. Move to a safe location: If vehicles can be moved safely, get them off the road and turn on your hazard lights.
  3. Document the scene: Take photos of all vehicles involved, number plates, road conditions, and any visible damage or injuries.
  4. Exchange details: Get the other driver’s name, phone number, licence number, registration, and insurer. Collect witness details if anyone saw what happened.
  5. Do not admit fault: Insurers determine liability, and what you say at the scene can be used against your claim, even if you’re trying to be polite.
  6. Call Autobody Prestige: From here, you can leave the heavy lifting to us. We organise the quote, contact the insurer, and arrange your loan vehicle.

If you need us to come to you, our towing service can collect your vehicle directly from the scene or your home. Not sure how to claim when you’re not at fault? Read through our step-by-step guide.

Benefits of our courtesy towing service include: 

Not-at-Fault Accident Repairs We Provide

Our workshop provides reliable not-at-fault accident repairs in Melbourne, helping drivers restore vehicles through a simple, stress-free process. Our team focuses on providing quality repairs without delays so you can get back on the road with confidence. Whether your vehicle has minor cosmetic damage or requires more detailed work, our technicians use modern equipment and proven repair methods to bring your car back to its original condition. 

We offer a complete range of repair services to handle different types of accident damage, such as:

Panel Beating

Our professional panel beating services restore damaged body panels and structural alignment after a collision. We carefully repair and reshape them to ensure your car looks and performs the way it should.

Dent and Scratch Repairs

Dents, scratches, and small cosmetic damage affect the vehicle’s appearance. Our team removes dents and repairs scratches to restore your car’s finish.

Bumper Repairs

Bumpers often take most of the impact during a collision. We repair or replace damaged bumpers to maintain both vehicle appearance and safety.

Paint Matching and Resprays

Using advanced paint technology, we provide accurate colour matching and high- quality resprays. This delivers a seamless finish that blends perfectly with your vehicle’s original paint.

Structural Repairs

If the accident has affected your vehicle’s structure, we’ll carry out detailed structural repairs to restore safety, strength, and performance.

Insurance Accident Repairs

We also specialise in insurance accident repairs and can assist with the claims process. Our team works with insurers to ensure repair costs are covered, and the work meets industry standards to make the experience as smooth as possible for you.

How Autobody Prestige Handles Your Not-at-Fault Claim

Once you call us, here’s what happens:

Legal claim handling at no cost: Our network of legal professionals manages the not-at-fault claim and insurer communications on your behalf.

Free vehicle pickup: We collect your car so you don't have to organise transport.

Loan vehicle arranged: We sort out a replacement vehicle while yours is being repaired, at no cost to you.

Regular updates: You'll hear from us throughout the repair process, so you always know where things stand.

Pre-delivery inspection: Before your car is returned to you, it undergoes a full quality check.

Lifetime guarantee on all repair work: Every repair we carry out is backed by our lifetime workmanship guarantee.

We’ve managed not-at-fault car accidents for over 35 years and have more than 300+ five-star Google reviews from Melbourne drivers. Our reputation is built on making a difficult situation as easy as possible for you.

What If the At-Fault Driver Isn't Insured?

Unfortunately, not every driver on the road has insurance. Here’s how not-at-fault claims work when the other driver is uninsured:

If the at-fault driver is uninsured but identified, you can pursue repair costs directly from them. Our legal team can advise you on how to do this.

If the at-fault driver is uninsured and uncooperative, legal options are still available. Autobody Prestige works with a network of legal professionals who can guide you through your options.

If you hold comprehensive insurance, your own insurer can begin repairs and pursue cost recovery from the at-fault driver on your behalf.

You can still access a loan vehicle while the matter is being resolved, so you're not left without transport in the meantime.

For a full breakdown of your options, read our guide on dealing with an uninsured at-fault driver.

Do I Need to Pay an Excess for a Not-at-Fault Claim?

In most cases, no, but it depends on how your not-at-fault claim is handled.


  • If the at-fault driver is clearly identified and insured, you typically won’t need to pay an excess at all. The claim goes through their insurer, not yours.
  • Some insurers may request the excess upfront and refund it once liability is confirmed. We know how different insurers operate, and we can advise you based on your specific situation.
  • If you claim through your own insurer rather than the at-fault driver’s, your excess may apply depending on your policy terms.

Still unsure? Our guide to not-at-fault claims in Melbourne explains the most common scenarios.

Why Choose Autobody Prestige for Not-at-Fault Accident Repairs?

Choosing the right workshop for repairs after an accident makes a big difference—not just in the quality of the repairs, but also in how smooth the whole process feels. At Autobody Prestige Melbourne, we understand how stressful accidents can be, especially when they’re not your fault. That’s why our team focuses on making repairs simple, transparent, and hassle-free for every customer.
When you choose us, you can expect:

Our team is dedicated to restoring your vehicle to its pre-accident condition with the
highest level of care and precision. We focus on delivering safe, high-quality results and
fast repair times, so you can get back on the road with confidence.

Victoria’s Accredited & Award-Winning Smash Repair Experts

Recognised for excellence, Autobody Prestige delivers accredited, high-quality panel repairs backed by 35+ years of experience and a lifetime workmanship guarantee.
Prestige Award 2025 by Innovation Group
Member of VACC

Ready to Get Your Car Repaired? Call Us Today

If you’ve been in a not-at-fault car accident, don’t wait. The sooner you contact us, the sooner we can book your vehicle in and arrange a loan car for you.

Call us on 1800 002 276, email quote@autobodyprestigemelbourne.com.au, or fill in the quote form and we’ll be in touch promptly.

We work with all major insurers and handle the entire not-at-fault insurance claim process on your behalf, so you can get back to your day while we sort the rest.

Not-at-Fault Accident Claims FAQs

Can I choose my own repairer for a not-at-fault claim?

Yes. In Victoria, you have the right to choose who repairs your vehicle in a not-at-fault car accident, and you don’t have to accept the repairer suggested by the at-fault driver’s insurer. Autobody Prestige can act as your nominated repairer and manage the rest.

Repair times vary depending on the extent of the damage. We’ll give you a realistic timeframe after the initial assessment, and keep you updated throughout.

In most cases, a not-at-fault claim should not affect your premium, because you are not the liable party. However, this can vary between insurers and policies. It’s worth checking with your insurer directly or speaking to our team.

You can still make a not-at-fault claim even without comprehensive insurance. If the at-fault driver is insured and identified, their insurer is responsible for the cost of your repairs.

Yes. As a not-at-fault driver, you’re entitled to a replacement vehicle for the full duration of your repairs. We arrange this as part of our service, so you can rest assured.

Disputed liability is more common than you’d think. If the other driver denies responsibility, we work with our legal partners to help establish the facts and progress your not-at-fault claim. You won’t be left to deal with this on your own.

Not at fault?

Quick quote → We handle your insurance → Courtesy car provided → Back on the road in under 30 minutes.

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