Motor Insurance – Who Is At Fault?

Motor accidents happen in a split second but the inconvenience of making a claim and getting it sorted may take longer.

When it comes to Motor insurance claims, one of the most pressing questions is who caused the accident and that’s because the at-fault driver (or their insurer, who indemnifies them) is obligated to pay the costs of the accident. These costs can include getting the car towed, car repair or replacement, hire-car costs, and lost stipends or profits for income-earning cars.

Follow these steps if you’re in an accident:

1. If anyone is injured or killed or if there is serious damage or danger, call 000.
2. Get the details of any other drivers involved; their names and addresses, vehicle registration numbers, and insurance details; if anyone refuses, or appears to be under the influence of drugs or alcohol, call the police.
3. If there are any witnesses, obtain their names and contact details.
4. If practical and safe to do so, take photos of the spot where the accident occurred.
5. Never admit liability onset, it will be determined in due course.
6. Make a claim.

How is the fault determined?

• Insurers rely on photos, dash-cam footage, independent eyewitness accounts, physical proof, the Australian Road Rules, police reports, etc. – as evidence to determine who caused a car accident.
• Concluding who’s to blame can be simple: For example, if someone rear-ends your car, they will generally be deemed to be at fault.
• In some scenarios, the at-fault driver is less obvious and there are times when more than one driver can be in the wrong.
• ‘Inevitable accidents’ are less common, these are scenarios where drivers lose control of their vehicle due to medical reasons such as a heart attack. This may enable the driver (or their insurer) to deny liability.

When not to make an “At fault Motor vehicle accident insurance” claim on your policy?

If the damage to your vehicle is minor and the cost of the repairs is less than or equal to the amount you have to pay as excess, you may consider not making an at-fault car accident insurance claim. Making a claim might also affect your no-claims bonus and the cost of your future premiums. If the other party is at fault, it is a better option to chase your claim through their insurer.

For more information on Motor Vehicle Insurance call us at 02 4932 4444 or email us at maitland@armainsurance.com.au and get a quote for FREE.