Then choose the pathway.
A car accident can leave you shaken, rushed and unsure who to call. If the other driver caused the crash, the decisions you make in the first day can affect how easily your car is repaired, whether you have transport, and how much back and forth you have with insurers.
This guide is for Sydney drivers who believe they were not at fault. It explains the practical steps, the claim pathways, and the questions worth asking before you agree to a tow, repairs, a cash settlement or a replacement vehicle.
Stop, turn on your hazard lights and check whether anyone needs help. If it is safe, move clear of traffic and obvious hazards. Call 000 if someone is injured, trapped, killed, a driver appears affected by alcohol or drugs, or there is an immediate danger.
Do not feel pressured to work out fault on the roadside. Keep the conversation calm, stick to the facts and do not guess about what happened. Fault can be disputed later, even where the crash seems straightforward.
In NSW, you must give the other people involved your name and address, your vehicle registration number, and the owner’s name and address if you are not the owner. [1]
Once everyone is safe, collect as much clear information as you can. More evidence now usually means fewer arguments later.
- Ask to see the other driver’s licence and record their name and current address. Check the back of the licence in case their address has changed.
- Record their mobile number, vehicle registration, make, model and colour. If appropriate, call the number while you are both there to confirm it works.
- Ask for the vehicle owner’s details if the driver does not own the car.
- Ask whether they have property damage insurance and, if they are willing, for their insurer and claim reference.
- Take wide photos of the entire scene, road layout, lanes, signs, traffic lights, debris and the position of each vehicle. Then take close photos of all damage, registration plates and any property damage.
- Save dashcam footage before it is overwritten. Take screenshots from relevant videos and keep the original file.
- Get the names and phone numbers of independent witnesses. Ask them to briefly note what they saw while it is fresh.
- Write your own short note: date, time, location, weather, direction of travel and what happened in order.
You can ask the other driver to confirm the facts in writing, but do not rely on an apology or a verbal admission as the only proof. Photos, witness details, dashcam footage, contemporaneous notes and repair evidence are all useful when liability is assessed. [2]
In NSW, report the crash to police as soon as possible and generally within 24 hours if:
- Someone is killed or injured.
- A driver fails to stop or exchange details.
- A vehicle has to be towed away.
- A driver appears affected by alcohol or drugs.
If someone refuses to exchange details, behaves aggressively or you suspect the details are false, call police. If police do not attend, record the registration, take photos if it is safe and report what happened. NSW Police can provide an Event Number for relevant reports, which may be useful later. [1] [2]
For a minor crash with no injury and no tow away, police may not attend and insurers do not necessarily need a police report to assess a claim. [3]
- 1Claim through your own insurer
- 2Claim through the at fault driver’s insurer
- 3Diverse manages direct recovery through the at fault insurer
- 4Recover directly from an uninsured driver
This route can make sense if you have comprehensive cover, you want to use the support built into your policy, or the other driver’s insurance details and liability are not yet clear. It is often the most familiar option, but it is important to understand what your particular policy does and does not provide.
You lodge a claim under your own comprehensive policy and receive a claim number. The insurer assesses the claim and, depending on the policy, may inspect the car, approve a repair scope, nominate a repairer or allow you to nominate a repairer you trust.
Once the repair scope is approved, parts are ordered and the car is booked in. If hidden damage is found during repairs, the repairer generally submits further information for approval before continuing. Your policy explains whether an excess applies, whether you have repairer choice, what parts can be used and whether it includes a hire car.
Your insurer has a contractual obligation to deal with you under your policy. If it chooses or authorises a repairer, it is responsible for the quality of the work and materials. [7] This can be useful when the other driver is uninsured, cannot be located, has not made an insurance claim, or disputes fault.
The trade off is that your policy may set the rules on repairer choice, parts, excess and transport. Check the Product Disclosure Statement and policy schedule before choosing this pathway. A trusted repairer can help you read the repair related terms and explain what they mean in practical terms.
If your policy allows you to nominate a repairer, you can nominate Diverse or another repairer you trust. We can assess the vehicle, document the damage, prepare the repair scope and quote, and provide the information your insurer needs. Once repairs are approved, we coordinate parts, booking and repairs. If you are eligible for an accident replacement vehicle and one is available, we explain the separate agreement and arrange the handover when you bring your car in.
This option begins when the other driver has property damage insurance and their insurer is prepared to handle the matter. The other driver may make a claim at the scene, later that day, or after you have provided the information they need. Ask for the claim number if one is available.
Start by getting the at fault driver’s insurer and claim number. You can contact that insurer yourself, quote the claim number and provide the details of your vehicle and the accident. Or, you can nominate a repairer you trust to contact the insurer and manage the practical steps for you.
The at fault insurer will usually assess the claim in much the same way as an insurer assesses a claim under your own policy. It may review the accident evidence, inspect the vehicle or repair quote, and approve the repairs before work begins. Assessment and inspection timeframes can be broadly similar to a claim through your own insurer.
You are not making a claim under your own insurance policy, so the repairer choice conditions in your policy do not control this pathway. You can nominate a repairer you trust to represent your interests and manage the repair process. The at fault insurer may recommend a network repairer, but a recommendation should not replace your decision about who works on your car.
The repair cost still needs to be reasonable, and the insurer may request information about the proposed repair. But you do not need to accept a repairer simply because the at fault insurer suggested one. This can be particularly important when your car has paint protection film, a wrap, custom wheels or other items that need to be properly documented and assessed.
Give Diverse the at fault driver’s details, insurer and claim number, along with your photos and evidence. We can contact the insurer for you, assess the damage, prepare the repair scope and handle the assessment process. For verified eligible not at fault claims, Diverse can arrange free towing to our workshop where relevant. Once repairs are approved, we order parts, book the vehicle in and keep you informed. If you are eligible for an accident replacement vehicle and one is available, we explain the agreement and arrange it when repairs commence.
For more detail about policy terms, read insurance choice of repairer explained.
Direct recovery is available where the at fault driver has property damage insurance. Rather than the driver personally managing the repair claim or dealing with the at fault insurer alone, a trusted repairer can manage recovery from the at fault insurer on the client’s behalf.
The client normally signs a letter of authority and provides the accident details, photos and other driver’s information. The repairer then prepares the repair documentation, liaises with the at fault insurer, coordinates the repairs and manages recovery of the reasonable costs. The client remains the decision maker about their car, but they do not need to chase routine claim calls or approvals themselves.
This is a common service offered by many smash repairers. Always ask the repairer to explain the authority, replacement vehicle terms and exactly what it will manage before you sign.
It is designed to be simple. Once the client has provided the accident information and signed the authority, the repairer handles the day to day administration. You are not claiming under your own policy, so its excess, repairer choice and parts conditions do not control the recovery.
The focus is on repairing the accident damage properly and recovering the reasonable cost from the insured at fault party. It can be a particularly strong option for a client who wants an independent repairer to manage the process from towing through to final handover.
For Diverse clients, the process is straightforward: give us the at fault driver’s details, insurer and claim number if you have it, your accident photos and any useful evidence. Sign a letter of authority and we handle the rest.
We assess and document your vehicle, deal with the at fault insurer, order parts, complete the repair and keep you updated. For verified eligible not at fault claims, Diverse can arrange free towing where relevant. If you are eligible for an accident replacement vehicle and one is available, we explain the agreement and arrange it at the beginning of the repair period. You only need to help if a genuine question about the accident requires your evidence.
This option applies where neither driver has applicable property damage insurance and the at fault driver has no insurer to respond to the claim. Recovery is then pursued directly from the person who caused the damage.
There is no insurer to approve repairs, pay the repairer or provide a claim number. The claim is built on evidence of fault, the cost to repair your car and any other reasonable loss you are seeking. The at fault driver may agree to pay, negotiate, dispute fault or do nothing. A formal letter of demand, and sometimes legal action, may be needed. [4]
Unlike the insured direct recovery route, payment may not be available as the repair process unfolds. You may need to decide how repairs, towing and any replacement transport will be funded while seeking recovery. Do not enter a hire agreement on the assumption that the other person will definitely pay it. If both parties are uninsured, legal advice can be valuable before taking on a significant cost.
Diverse can assess the damage, prepare a repair quote, document your vehicle’s condition and provide the repair evidence that supports your claim. We can explain the repair work and refer you for legal support when formal recovery from the at fault driver is needed. If you have comprehensive cover of your own, option one may still be more practical even when the other driver is uninsured.
Compare the four pathways
Each route can be appropriate in the right circumstances. Compare who handles the process, how much control you have and what to consider before choosing.
| Compare | 1Your own insurer | 2At fault insurer | 3Insured direct recovery | 4Uninsured direct recovery |
|---|---|---|---|---|
| Best suited to | You have comprehensive cover and want to claim under your policy. | The at fault driver is insured and has a claim number. | The at fault driver is insured and you want your repairer to manage the process. | Neither party has applicable property damage cover. |
| Who manages it | Your insurer, with your chosen repairer involved where the policy permits. | You, or a trusted repairer acting for you. | Your trusted repairer manages the recovery after you sign a letter of authority. | You, with repair evidence from your repairer and legal help if needed. |
| Repair position | Your policy may set repairer choice, parts and excess rules. | You can nominate a repairer you trust. The insurer may still assess the proposed repair. | Your chosen repairer develops the repair plan and manages the work. | You choose the repairer, but may need to fund the work before recovery. |
| Main consideration | Read the policy terms before deciding. | The timing can be similar to an own insurer claim. | Understand the letter of authority and replacement vehicle agreement. | The at fault driver may dispute or be unable to pay the claim. |
Your own insurer
- Best suited to
- You have comprehensive cover and want to claim under your policy.
- Who manages it
- Your insurer, with your chosen repairer involved where the policy permits.
- Repair position
- Your policy may set repairer choice, parts and excess rules.
- Main consideration
- Read the policy terms before deciding.
At fault insurer
- Best suited to
- The at fault driver is insured and has a claim number.
- Who manages it
- You, or a trusted repairer acting for you.
- Repair position
- You can nominate a repairer you trust. The insurer may still assess the proposed repair.
- Main consideration
- The timing can be similar to an own insurer claim.
Insured direct recovery
- Best suited to
- The at fault driver is insured and you want your repairer to manage the process.
- Who manages it
- Your trusted repairer manages the recovery after you sign a letter of authority.
- Repair position
- Your chosen repairer develops the repair plan and manages the work.
- Main consideration
- Understand the letter of authority and replacement vehicle agreement.
Uninsured direct recovery
- Best suited to
- Neither party has applicable property damage cover.
- Who manages it
- You, with repair evidence from your repairer and legal help if needed.
- Repair position
- You choose the repairer, but may need to fund the work before recovery.
- Main consideration
- The at fault driver may dispute or be unable to pay the claim.
Which option is right for you?
You do not need to decide your claim route while standing beside a damaged car. The better time to choose is after you have secured the evidence, made the car safe and understood the practical position.
In general, your own insurer may be useful when you have comprehensive cover and want to use that policy. Dealing directly with the at fault insurer may suit you when the other driver has made a claim and you want to manage the conversation yourself. Insured direct recovery is designed for drivers who want a trusted repairer to take care of the claim administration and repair process. Recovery from the individual is the pathway when neither party has applicable property damage insurance.
Before choosing, ask a trusted repairer to walk through your specific situation: whether the car is driveable, the available evidence, the other driver’s insurer, your own policy, modifications to the vehicle and whether you need replacement transport. A short conversation before repairs begin can save a lot of stress later.
If your car is not driveable, a tow truck may be the next thing you need. It is not a decision about repairs, a hire car or your claim pathway.
In NSW, you can refuse a tow, choose who tows your car and choose the destination. You are entitled to a quote, a copy of the Towing Authorisation Form and time to contact someone before signing. [1] [8]
Before you sign
- Read the exact destination and ask for the business name and street address.
- Confirm whether you are authorising only the tow and ask for a written quote that identifies any storage charges.
- Keep your copy of the signed form, photograph the car and remove valuables if it is safe to do so.
A recommendation does not replace your choice. If you have not chosen where your vehicle will be assessed, towing home or to a holding yard can give you time to decide. If you already want Diverse to inspect your car, you can authorise an accredited tow directly to our workshop. [9]
A not at fault driver may be able to pursue reasonable losses caused by the crash. Depending on the facts, this can include:
- The reasonable cost of repairing the vehicle or its pre accident value if it is a total loss.
- Reasonable towing and storage costs.
- Reasonable hire car or alternative transport costs while the vehicle is being repaired, or for a reasonable period after a total loss.
- Other provable losses caused by the accident, such as documented business use losses in suitable cases.
A replacement vehicle is not a blank cheque. The vehicle type, daily rate and hire period must be reasonable for your circumstances. A like for like vehicle may be appropriate, but it is important to understand the hire agreement before signing it. [5]
If your car has paint protection film, a wrap, custom wheels, accessories or other modifications, photograph them and keep invoices or photos showing the vehicle’s pre accident condition. Those records help establish what was damaged and the reasonable cost of putting it right. They do not automatically guarantee that every upgrade or replacement cost will be accepted, particularly if the cost is disputed.
A note about genuine parts
Do not assume every claim automatically means genuine OEM parts. Your own policy may allow new, recycled or non genuine parts, and the reasonable repair method can depend on vehicle age, availability, safety, the manufacturer’s procedures and the claim pathway.
The better question is: What exact repair method and parts are being proposed, and why? Ask for the repair scope in writing. If you have concerns, ask an independent repairer to explain what is needed to restore the vehicle’s safety, structural integrity, appearance and function.
Not every recommendation from an insurer is a problem. An insurer may suggest a repairer, a settlement or a rental provider because it is part of its normal process. The key is not to be rushed into a decision you do not understand.
Here are common pressure points and the practical response.
You have to use our repairer.
You can say that you have chosen a trusted repairer and ask the insurer to deal with them. Do not let a recommendation make the decision for you. Your own policy may include a repairer choice condition. The Motor Vehicle Insurance and Repair Industry Code requires participating insurers to explain their choice of repairer and parts policies clearly in their PDS, and it prohibits misleading or deceptive statements about a repairer’s quality, capability or timeliness. [6]
We will use these parts.
Ask your trusted repairer to review the repair scope, parts list and manufacturer information before work begins. The important issue is whether the proposed repair safely and reasonably returns the vehicle to its pre accident condition, not simply the label on the part.
Take this cash settlement today.
Have the car assessed before accepting a final settlement. Damage behind a bumper, panel or safety system may not be visible at the roadside. A cash amount may settle your full property damage claim, so get a trusted repairer to review the car and the offer first.
This hire car is free.
Ask: Is this credit hire? What happens if the at fault driver or insurer does not pay? Can the provider start legal action in my name? What are my obligations if the car is damaged? Many accident replacement vehicles are supplied under a credit hire agreement. The provider may recover the cost from the at fault party, but the agreement can create obligations for you. Read it carefully. [5]
There is no police report, so you cannot claim.
That is not necessarily correct. NSW Police do not attend every minor crash, and insurers do not require a police event number for every minor collision. Strong photos, witness details and clear notes can still matter. [3]
An insurance network repairer is a repairer that receives work through an insurer’s network or allocation system. An independent repairer is not tied to that allocation arrangement. Neither label alone guarantees a better outcome.
What matters is whether the repairer can explain the repair plan, follow appropriate manufacturer information, stand behind workmanship and communicate clearly with you. If an insurer authorises the repairs, it is responsible for the quality of the work and materials used by the repairer it selected or authorised. [7]
Diverse is an independent smash repairer. We work with insurers, but our role is to assess the vehicle properly, explain the repair pathway in plain language and keep the focus on returning your car to the condition it was in before the accident. Read more about not at fault collision repair or insurance collision repair.
Independent repairer versus insurance network repairer
Once you have the other driver’s details, photos and any police Event Number or claim reference, speak with Diverse. If your car is driveable, we can assess the damage and talk you through the available claim pathways before repairs begin. For verified eligible not at fault claims, Diverse can arrange a replacement hire car and free towing where relevant.
You do not need to understand the entire claims system before you ask for help. Start with the facts, keep your documents and ask questions before signing anything.
Frequently asked questions
Short answers to the practical questions drivers ask most often after a not at fault accident.
No. Your own policy may be one option, but you may also be able to deal with the at fault driver’s insurer or use a direct recovery pathway. The practical choice depends on the accident facts, available cover and what support you need.
You can choose the repairer you want to speak with. Your own policy may include conditions about repairer choice, while a claim through the at fault driver’s insurer does not rely on the repairer choice terms in your own policy.
They help the process move faster. If you have them, bring the insurer name, claim number, driver details and your accident photos to the assessment. If you do not have every detail yet, a repairer can still help you understand the next practical step.
Yes. A tow is separate from the decision about your claim or repairs. Read the destination on the authorisation form, ask about costs and storage, and only sign when you are comfortable with where the car is going.
An excess can depend on the pathway you choose and the terms of your own policy. Before you decide, ask how the repair will be handled, whether an excess applies and what happens if liability is still being assessed.
Bring the other driver’s details, insurer and claim number if available, clear photos, witness details, police Event Number if you have one and any records for damaged accessories or modifications. A clear set of facts makes it easier to discuss the right pathway.
Do not assume a claim automatically means genuine parts. Your own policy may set parts terms, while the not at fault pathway focuses on the reasonable cost of returning your car to its pre accident condition. The right parts can depend on the vehicle, manufacturer procedures and availability. Diverse can explain the proposed repair method, parts and finish before work begins.
They may not be included under your own policy if they were not declared or are subject to a limit. If another driver caused the damage, recovery through the at fault insurer allows the full accident loss to be assessed, including reasonable damage to PPF, wheels, carbon fibre, body kits and accessories that were on the car before the crash. Bring photos, invoices and records. Diverse can inspect every affected item. These are assessed as part of the repair scope.
Modern repair quality is not only about panels and paint. When an impact or repair affects them, parking sensors, cameras, radar, airbags and driver assistance systems need to be identified in the repair plan and handled using appropriate diagnostics, calibration or manufacturer procedures. Ask what checks are planned before your car is handed back.
Choose a repairer who can clearly explain the repair scope, parts, calibration work and workmanship warranty. Keep the final repair paperwork, invoices and relevant calibration or alignment records with your service history. Diverse provides a lifetime workmanship warranty, subject to warranty terms, so you have a clear record of who completed the repair and who stands behind it.
Only if the car is safe and legal to drive. Damage to lights, tyres, steering, cooling systems, panels, safety systems or wheel alignment can make a vehicle unsafe even when it still moves. If you are unsure, arrange a tow and have the vehicle assessed rather than taking a risk.
This article is general information only. Insurance policies, vehicle condition and repair plans can involve details specific to your situation.