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Been in a not at fault accident: Here's what to do

August 5, 2019
Resource Centre
Been in a not at fault accident: Here's what to do
People talking after a car accident
Motor vehicle
minute read

How the process works and why hiring a lawyer helps

Being in a motor vehicle accident can be distressing and time consuming. It is even more frustrating if the car accident was not your fault and you have to endure the inconvenience of fixing your car and dealing with insurers.

Many people hold the belief that if you are not at fault in an accident you do not need a lawyer. This is not always the case. You may have to negotiate with the other party's insurer and, in some instances, the other party's insurer might try to reduce the amount they say they are liable for.

This is where AANDI Lawyers come in. We act on your behalf and represent you as not at fault lawyers, working for you and making sure you get exactly what you are owed after an accident where you are not at fault.

For information, advice, and representation with not at fault claims contact AANDI Lawyers on (03) 9070 9969. We are committed to ensuring you get the best possible outcome for your car insurance claims.

How do I know who was at fault in a road accident?

Almost all road users will likely need to make a road accident claim at some point in their lives. While car accidents can be complicated, there are some situations where there is one person who is clearly at fault. These include:

  • Breaking the standard road rules by speeding, ignoring a red light, or ignoring a stop sign
  • Getting hit from behind by another car whether stationary or in motion
  • Being hit by a driver who is intoxicated or under the influence of drugs

Even if you are fairly certain an accident was not your fault, it might not be so straightforward when it comes to the law. Make sure you do these key things immediately after an accident. This way you can support your not at fault claim.

What do I do immediately after I've been in an accident?

Recording details after a car accident

Getting involved in a car accident is scary, and while you may be shaken up you need to record as much information as possible to support any claims you'll make. The other person involved may try to avoid liability or place partial blame on you, so the more information you have, the better.

Make sure you take notice of all aspects of the accident scene, such as:

  • Take pictures of the damage to both vehicles, record details about the other car, note directions of travel, and ask the other driver how fast they were going
  • If there were any witnesses, ask them if they'd be willing to provide a witness account
  • You should get as much information as possible and record it on your phone or in a notebook for safekeeping.
  • Record information on your phone or in a notebook for safekeeping

When you contact your insurer, you can provide them with all this information to assist with your claim. If you have a dash cam, this type of footage can be helpful.

You'll need to be able to contact the other driver once you've collected all the details and information and left the scene of the accident. These include:

  • Their phone number
  • Address
  • Email address
  • Licence details
  • Their insurance provider

It may be helpful to take a picture of their licence plate. If the other driver refuses to provide their details, you need to report this to the police.

What do I do next?

  • Make contact with your insurance provider as soon as possible after the accident has occurred
  • If you're not insured but you're not at fault, don't worry – you can still make a claim
  • If the other party refuses to pay, you'll need to commence legal proceedings against them.

At AANDI Lawyers we have experience as not at fault lawyers working on behalf of people who have been involved in car accidents. We can represent you and make the process of recovering what you are owed simple.

Why should I work with a lawyer?

Many things can complicate a not at fault claim. The other party may refuse to pay, or may dispute that they were at fault. If this happens, it can be stressful and difficult as you go back and forth between their insurer, your insurer, and the other party. This is why you should work with a lawyer like AANDI Lawyers.

  • All you have to do is get your car fixed with your preferred repairer
  • We take care of compensation and will negotiate with the other party on your behalf
  • Extra tip: if you need a hire vehicle you can arrange this and claim for the cost of hiring the car as part of your claim from the other party.

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