If you're involved in an accident in which you believe that you are not at fault, or if you've been involved in a hit and run, you will always call your insurance provider first. If you have collision insurance, filing a claim with your insurer gets you on the way to getting your vehicle repaired or replaced.
Insurance companies do not contact each other directly and go over your claim history or driving record. They do, however, have access to a variety of information through a database known as the Claims Loss Underwriting Exchange (CLUE).
Avoid using phrases like “it was my fault,” “I'm sorry,” or “I apologize.” Don't apologize to your insurer, the other driver, or law enforcement. Even if you are simply being polite and not intentionally admitting fault, these types of words and phrases will be used against you.
Maximum length of time you can wait before you make a car insurance claim
| State | Statutory benefits (injury or death) | Personal damages (property) |
|---|
| NSW | 3 months after the date of the accident | 6 years after the accident |
| VIC | Under 18: By age of 21 Everyone else: 1 year after you first notice the injury | 6 years after the accident |
Car insurance companies typically look at your motor vehicle record (MVR) when you apply for a new policy and every year around renewal time. Your MVR will include accidents that were reported to the state. For example, if police responded to the scene of an accident and filed a report, it will be included in the MVR.
Yes, you should call your insurance if you were in a car accident that was not your fault. In fact, you should always contact your car insurance company when you are in an accident, regardless of fault.
Types of Questions You May Be Asked
- When did the accident occur?
- What is the year, make, and model of the vehicle you were driving at the time of the accident?
- Were there any other vehicles involved?
- What type of damage was done to your vehicle?
- Is your vehicle in need of repairs?
- Was there a police report?
The law says that you must normally have at least third party motor insurance if you drive or own a vehicle. You must also have insurance if you leave it parked on the street, on your driveway or in your garage. You don't need motor insurance if: you have a valid Statutory Off Road Notification (SORN)
If you weren't at fault in an accident, you also have the choice to file a claim with the other driver's insurance company, called a third-party claim. In a third-party claim, the other insurance company will pay for your car repairs once it determines their driver was at at-fault.
If someone hits your car while parked, take action immediately with these few steps:
- Exchange information with the other driver (if applicable)
- Look for witnesses.
- Inspect and document damage.
- Call the police.
- Call insurance company.
- Move to safety.
- Call 911.
- Exchange information.
In most cases, the driver of a vehicle who causes a car accident is responsible for any damages caused by the crash. However, that is not always the case. If the driver of the vehicle is not the owner of the vehicle, you could have a claim for damages against more than one individual.
Give Only Limited Personal Information. You need only tell the insurance adjuster your full name, address, and telephone number. You can also tell them what type of work you do and where you are employed. But at this point you need not explain or discuss anything else about your work, your schedule, or your income.
Can Insurance Adjusters Lie to You? Yes, insurance adjusters are allowed to lie to you. In fact, many are even encouraged to do so. An adjuster might tell you that the other vehicle has no coverage when they know it does.
In general, the insurer must complete an investigation within 30 days of receiving your claim. If they cannot complete their investigation within 30 days, they will need to explain in writing why they need more time. The insurance company will need to send you a case update every 45 days after this initial letter.
Dealing with an Insurance Adjuster: What Not to Say
- Before you talk to an insurance adjuster, understand their role.
- Avoid giving lots of details about the accident or your material damages.
- Avoid giving a lot of details about the injury.
- Do not sign anything or give a recorded statement.
Never offer your own opinions, or let your emotions get involved. Stick to hard facts, and if you don't know exact facts, simply say that you don't know the answer. The insurance company may ask you questions about your speed, or distance between you and the other vehicle. Do not estimate answers to these questions.
Steps to Take at the Scene
- Call the police. An officer will document the incident and create an official accident report, which you will typically need to have when filing your claim with your insurance company, says the Insurance Information Institute (III).
- Document the accident.
- Notify your insurer.
Should I speak to the investigator from the insurance company? This is one of the questions we are most commonly asked. In short the answer is almost always “No”! Therefore, to be safe, the best advice is never to fraternise with the enemy by allowing yourself to be interviewed by one of their investigators.
