No matter how carefully you drive, you can still end up in a car accident because of the reckless driving of others. It’s always a relief when you can walk away injury-free after a collision. However if your vehicle needs to spend some time at the panel beaters for repairs, you’re still faced with the hassle of being left without a car. There’s good news if you’re a victim driver – you may be eligible for a free replacement vehicle whether it’s included in your car insurance or you have no insurance at all.
Not At Fault Driver – Your Right To Drive
Australian law protects your right to drive if you’ve been involved in a car accident that’s caused by another driver. As a not at fault driver, you’re entitled to recover costs that are a reasonably foreseeable consequence of the accident. This includes the cost of hiring a car to replace your vehicle while it’s being repaired.
At Splatt Lawyers, we’ve handled many accident claims for not at fault drivers. In most of these cases, our clients didn’t know they could enjoy the convenience of a free car hire as they thought this was a benefit only available to people with comprehensive car insurance.
Even with no car insurance, if another car hits yours and you’re not at fault, we can help you get back on the road with a free replacement vehicle. Our car accident lawyers are experts at handling car rental claims and recovering car hire costs from the at-fault driver or from their insurer. Our aim is to make the process as simple and stress-free for you as possible and get you driving again as quickly as possible.
Am I Eligible For A Free Accident Replacement Vehicle?
If you have only basic car insurance or no car insurance, you may qualify for not at fault free car hire if the following can be established:
- Your car has been involved in a collision.
- The collision was due to the fault of another driver.
- Your car has been damaged as a result of the collision and needs repairs or can no longer be driven.
- You have collected the necessary information to make a claim against the other driver.
When Am I Not Eligible?
If you’re at fault or partly at fault in causing the collision, then you’re not eligible for a free accident replacement car.
If you have comprehensive car insurance that includes free car hire, contact your insurance company. They will arrange for you to have a temporary replacement vehicle regardless of whether you’re at fault or not at fault.
Common Types of Not At Fault Accidents
It’s not always easy to determine who’s at fault in an accident. If you’ve been involved in any of the following accident scenarios and you were following the road rules, then it’s most likely that you’re not at fault:
- The other driver rear-ended your vehicle. Generally a driver is responsible for keeping a safe distance from the car that’s in front of them. So if you get hit from behind, then usually it’s not your fault.
- The other driver failed to obey a traffic sign. If a driver failed to heed a give way or stop sign.
- The other driver failed to stop at a red light.
- The other driver failed to give way when merging.
- The other driver was using their mobile phone. If the other driver admits or was witnessed texting, making a call or distracted on their mobile phone.
- The other driver was under the influence of alcohol or drugs.
- The other driver admits that they’re at fault. For insurance and legal reasons, drivers are advised not to admit liability when they’re involved in an accident. If the other driver willingly admits fault then this is a good indicator that you weren’t reponsible.
Proving You’re Not At Fault
Immediately after a car accident you should exchange contact details with the other driver as well as collect other vital information (see list below) that can affect what you can recover if you make a claim.
If the other driver refuses to provide you with their details then report the accident to the police regardless of whether it’s a minor or major collision. If you’re uncertain as to who caused the accident, seek advice from an expert car accident lawyer.
The following is vital information that can help to establish that you’re not at fault:
- driver contact details: name, address, description
- driver license details: license number, phone number, address that appears on back
- vehicle details: registration, make, model, description
- insurance details: insurance company, policy number
- witness details: name, address, witness statement
- accident details: time, place, description
- photo evidence: scene of accident, damage to vehicles, vehicle number plates, drivers license
Get Back On The Road Today
Keen to find out if you qualify for a free not at fault hire car? Contact Splatt Lawyers on 1800 700 125 and speak to one of our team today. We can help get you a free replacement car at no cost, no risk and no worries to you.
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