Even the most experienced and careful drivers can make mistakes. Whether it’s a momentary lapse in concentration, misjudging a gap in traffic or simply being caught out when conditions on the road are challenging, the reality is that accidents can and do happen.
When you’re at fault in a crash, it’s natural to feel anxious about what comes next, particularly regarding your car insurance. Will the damage be covered? How much will you have to pay? And what’s involved in making an at-fault car accident insurance claim in Australia?
Here’s what you need to know, starting with how fault is actually determined.
How do you work out who’s at fault in an accident?
The person who causes an accident by disobeying a road rule or being negligent while they’re driving is the one who’s generally at fault, according to the Financial Rights Legal Centre.1
Among other things, negligence behind the wheel can include failing to obey a traffic light or sign, failing to keep a safe distance behind the car in front, or failing to keep a proper lookout. Speeding is another example of driver negligence and may help insurers determine fault if a fine or driving offence has been issued.2
Other factors that may impact how fault is determined, can include driving while distracted or fatigued,3 both among the most common causes of road accidents in Australia.
“However, in practice, it can be difficult to determine if one of these factors caused the accident and evidence may be required, for example in the form of a police report or charge,” says Jackson.
Sometimes, both drivers involved in an accident can be deemed at fault – and the apportioned blame might be 50/50 or 80/20.1
What to do after a car accident that’s your fault
If you’re involved in an accident, there are a few key steps you’ll need to take immediately afterwards while at the scene. We’ve outlined the main ones below, but you might also like to download this car accident checklist to keep handy in your glove box as a quick reminder.
1. Check everyone is OK
If you’re in a car accident while driving and you aren’t badly injured, the first thing you should do is stop and give help to anyone else who’s hurt. Failing to do this is an offence, says Legal Aid New South Wales.4
Call 000 if there’s an emergency – for example, if someone needs medical attention or there’s a fuel spill.5
2. Swap details
After a car accident, everyone involved in the crash must swap some key details. You should each provide:5
- Your name and address
- The name and address of the car’s owner, if that’s not you
- Your vehicle’s registration number
- Any other information that’s necessary to identify the car.5
You might also like to ask for and take note of:4
- The other driver’s phone number
- The make, model and colour of the other car
- Insurance details of the other car.4
- Other driver’s licence number
3. Don’t admit fault
Importantly, even if you believe you may have caused the accident, Victoria Legal Aid advises not to admit liability at the scene. You may not be best placed to decide whose fault it was, and any admission of fault could be used as evidence against you should there be a dispute about who caused the accident6 and could even impact your insurance claim.
4. Take photos
Get some photos of the vehicles involved in the accident if it’s safe to do so. Try to get shots of the damage to the other vehicles or property.7
How to make an at-fault car accident insurance claim in Australia
It’s a good idea to contact your insurance provider as soon as practically possible following a car accident. Getting in touch early could not only help the claims process run smoothly, but your insurer should also be able to talk you through how to make a claim. You may find the following guide on the three key steps involved helpful.
Step 1: Understand what you can claim for
This will depend on the type of car insurance you have. At Youi, if you have Comprehensive insurance, the cost of repairing accidental damage to the other driver’s vehicle as well as yours is covered.8
However, if you have Third Party Fire & Theft or Third Party Property Only cover and you’re at fault in an accident, your insurance will only cover damage to the other driver’s car.8
Regardless of the level of cover you have, if you’re the at-fault driver and you get charged by the police for being under the influence of alcohol or drugs at the time of the accident, your insurer may refuse your claim.9
Other exclusions can apply too. For example, your insurance company may refuse a claim if you:
- Were driving recklessly10
- Didn’t inform your insurer about the accident at the time11
- Didn’t maintain your car appropriately.11
Step 2: Gather the information you need
When you lodge your claim, your insurer will ask you to provide information about the accident, including some of the details you were hopefully able to gather at the scene. The information required can vary, but may include:12
- Contact details, driver’s licence and car registration details for the other driver
- The make, model, colour and insurance details of the other car involved
- Where the accident happened
- A description of what happened
- Details about the damage that’s occurred, including any photos you took
- A police report number if the police attended the accident
- Details of the towing company if one attended12
- Contact details of any witnesses to the accident12
Any dash cam footage you can supply may also help your insurer understand the circumstances of the accident and who was at fault.7
Step 3: Make a claim
Different insurers may have different processes for making a claim, so check your insurance company’s website for details.11
At Youi, claims can be lodged anytime over the phone or online. You’ll just need to provide your policy number and information about the accident.
Once you’ve made a claim, your insurer is obligated to contact you within 10 business days, according to the Insurance Council of Australia (ICA). When they do, they might ask for more information or simply let you know whether your claim has been accepted.13
“At Youi, we review all claims as quickly as possible,” says Jackson.
“Part of how we do this involves using a 5-step process for every claim, which includes an online tracker so you can keep tabs on your claim, every step of the way.
“It helps keep the process simple and transparent so that once you’ve made a claim, you’ll always know what’s next.”
How much does an at-fault car accident insurance claim in Australia cost?
How much it will cost you if your insurance claim is accepted after an at-fault accident depends on how much your excess is. The excess is the amount of an insurance claim that you have to pay14, and will be the combined total of your basic excess amount and any other excesses that apply in the circumstances.15
“At Youi, you can choose your basic excess from a range of set amounts when you purchase your policy,” says Jackson.
“If you opt for a higher excess, you’ll usually have lower premiums – but this also means that if you need to make a claim, you’ll have to pay that higher excess amount once your claim’s accepted.”
What to do if your insurance claim is rejected
If your claim is rejected and you’re unhappy with that decision, Legal Aid NSW says you can make a complaint, in writing, to your insurer’s Internal Dispute Resolution (IDR) department.16
If that department upholds the original decision to reject the claim and you want to take the matter further, you may wish to contact the Australian Financial Complaints Authority (AFCA), which considers insurance disputes where an insurer has refused a claim.16 If you decide to do this, you must lodge the dispute with AFCA within two years of your insurer’s IDR department rejecting your claim.17
If you disagree with AFCA’s decision, you have the option of starting a court case against your insurance company. Legal Aid NSW recommends seeking legal advice first.13
State and territory-based legal aid services that provide free legal advice are available:
- Legal Aid New South Wales
- Victoria Legal Aid
- Legal Aid Queensland
- Tasmania Legal Aid
- Legal Services Commission South Australia
- Legal Aid Western Australia
- Legal Aid NT
- Legal Aid ACT
What if you have a car accident and the at-fault driver has no insurance?
If you’re not at fault in an accident, the steps you take in this situation can depend on whether or not you’re insured – and if you are – what type of car insurance you have.
If you do have insurance and you’re not at fault, check your policy to see what’s covered. With Comprehensive insurance, the cost of repairing accidental damage to your car is covered,8 regardless of whether or not the at-fault driver is insured.
And at Youi, if you have Third Party Fire & Theft or Third Party Property Only cover and an uninsured driver in the other car is completely at fault for the accident, damage to your car is covered up to $5,000.8
If you’re involved in a not-at-fault accident and you don’t have insurance, according to the Financial Rights Legal Centre, you can follow up with the other driver directly to pay for your car to be repaired.1
You also have the option of going to court if the other driver refuses to pay, but the Centre recommends always seeking legal advice first.1
On the other hand, if you have a car accident and you’re at fault with no insurance, the other driver – or their insurer – may chase you to cover the cost of repairing the damage.1 You can check with the Financial Rights Legal Centre about what your options are in this situation.
From minor bingles to major accidents, at Youi, our claims team is available to help lodge your claim or you can lodge online 24/7. Need to review your cover or find a policy that’s a bit more you-shaped? Consider starting a quote with Youi today.
Note: The laws of each state and territory vary, and there may be different rules and requirements for people involved in a motor vehicle accident. We recommend that you acquaint yourself with your obligations before travelling. If in doubt – call 000.
1 Source: Financial Rights Legal Centre – Car Accident when Uninsured, January 2024
2 Source: Legal Aid NSW – Who is at fault in a car accident?
3 Source: Legal Aid WA – Who’s to blame - Car crashes
4 Source: Legal Aid NSW – Car accidents
5 Source: Qld Police – Traffic crash FAQs, June 2025
6 Source: Vic Legal Aid – Driving and accidents, September 2025
7 Source: Legal Aid NSW – Evidence
8 Exclusions, limits and additional fees may apply. See the Car Insurance PDS for full details.
9 Source: Legal Aid NSW – Responding to a claim
10 Source: Financial Rights Legal Centre – Car Insurance Claim Refused
11 Source: Legal Aid WA – Motor vehicle accidents – dealing with the damage
12 Source: Moneysmart – Claiming on your car insurance
13 Source: Insurance Council of Australia – Your guide to car insurance claims
14 Source: Moneysmart – Excess
15 See Youi PDS and your policy schedule for details.
16 Source: Insurance Council of Australia – Complaints Process
17 Source: Legal Aid NSW – Insurance
