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What Happens After a Melbourne Car Accident That Wasn't Your Fault

Your rights, from roadside to repair

By Paul SeraPublished 5 days ago • 3 min read
What Happens After a Melbourne Car Accident That Wasn't Your Fault
Photo by Usman Malik on Unsplash

The sound comes first. A dull crunch from behind at the lights on Sydney Road, then the jolt, then the strange quiet that follows. For a few seconds nobody moves. Then the hazard lights go on, a door opens, and two strangers are suddenly in a conversation neither of them wanted to have.

Being hit by another driver is jarring even when everyone walks away unhurt. What catches many people off guard is how quickly the decisions arrive afterwards, often while the adrenaline is still running. Knowing how the process works before it ever happens makes those first hours far easier.

At the roadside

Victorian law requires drivers involved in a crash to stop, help anyone who is hurt and exchange details. That means names, the car's registration and the insurance company, plus the registered owner's details if the driver isn't the owner. Phone photos often prove useful later: both cars, both number plates, the road surface, any traffic lights or signs, and the point where the cars came to rest.

Police need to be told about the crash if property has been damaged, or if the other driver leaves or refuses to hand over their details. Officers may not attend a minor collision where nobody is injured, but the report still matters, particularly if the other driver later tells a different story about what happened.

The tow truck question

Within minutes of a crash on a Melbourne road, a tow truck often appears. Inside the Melbourne controlled area, which takes in the metropolitan area and the Mornington Peninsula, accident towing runs on an allocation roster, and a truck can only attend the scene once it has been given an allocation number. Every licensed accident tow truck carries TOW or HTT number plates.

Before the car leaves, the owner signs an authority to tow form, which sets out the services being charged for. This is also the moment to decide where the car goes. Owners can nominate the destination, including a repairer of their own choosing, and are free to phone someone for advice before signing anything. Under Victorian rules, nobody at the scene, tow driver or otherwise, is allowed to ask for the repair work. A polite "not yet" while making a quick phone call is perfectly acceptable.

Who pays when it wasn't your fault

Under Victorian law, the driver who causes a crash is responsible for the damage they cause, and in practice that usually means their insurer pays for the repairs.

Two paths are common. Someone with comprehensive cover can claim through their own insurer, which then chases the costs from the other side. Excess and no-claim bonus rules differ from one policy to the next, so the fine print is worth reading before choosing this route. The other path skips the claimant's own policy altogether and goes straight to the at-fault driver's insurer. This is the route many people without comprehensive cover take, and it is commonly called third party recovery.

Third party recovery sounds daunting, and handled alone it can mean a long run of phone calls, quotes and paperwork. That is why so many people hand it to a repairer who manages the claim from start to finish. For panel beaters Melbourne motorists have plenty of choice, and the better workshops assess the damage, deal directly with the other insurer and keep the owner updated along the way, which takes most of the paperwork off the owner's plate.

Workshops that focus on not at fault accident repairs usually ask for the same handful of things: the other driver's details, the photos from the scene, any police report number and a short account of what happened. With those in hand, the claim tends to move quickly.

Getting back on the road

Losing a car for a week or two can cause as much disruption as the crash itself, especially for anyone who drives for work or handles the school run. In many not-at-fault claims, a replacement vehicle can be arranged while repairs are under way, with the cost recovered from the at-fault party. It pays to ask about this early, before the car goes into the workshop.

Quality matters too. A good repair is one nobody can spot: panels that line up, paint that matches in full sun, and safety features such as parking sensors and reversing cameras recalibrated properly afterwards. Accreditation with the VACC and training through I-CAR are useful signs that a workshop takes this side of the job seriously.

The calm after

A crash is never convenient, and knowing the process helps. Swap details, take the photos, sign nothing until the destination is settled, and remember that the at-fault driver, usually through their insurer, is responsible for putting things right. Those few steps make the repair process far less stressful.

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About the Creator

Paul Sera

Owner of Next Gen Digital Agency in Melbourne, Australia.

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    Written by Paul Sera