Checked against official sources on 2026-11-04
Not your fault: claiming from the other driver or their insurer
When someone else caused the accident, you are claiming your losses from them. Legal Aid NSW puts it simply: get a quote, or quotes, from a smash repairer to prove the damage, and you can claim the reasonable cost of repairs.
Their insurer may offer to use one of its own repairers. You can accept if it suits you. What they can argue about is the amount: a common defence is that the damages claimed are too high. If you disagree with their figure, you can get an independent quote.
Claiming on your own policy
Your own policy decides who picks the repairer. Some let you choose, some only with an optional extra, and some have the insurer choose. Under the industry code for motor insurance and repairs, insurers that sign up must set out their choice-of-repairer policy clearly in the Product Disclosure Statement, listed in the table of contents. Check it before you lodge the claim.
Remember the excess. Moneysmart notes you generally pay it whether you were at fault or not, unless your policy waives it in certain cases.
Get a quote that holds up
- Ask for a written, itemised quote: parts, labour and paint listed separately.
- Take photos of all the damage before any repair starts.
- Keep the original quote. Send copies, not the original, to the other side.
- If the repair would cost more than the car is worth, it is treated as a write-off. Then you need the car's pre-accident value, minus any salvage value.
How MotorClaim helps
We arrange the repair with established partner repairers, including manufacturer-approved repairers for some brands, and deal with the other driver's insurer about the cost. You get on with work. Whether a claim succeeds depends on liability and evidence; we check that with you first.
Common questions
- Do I have to use the at-fault insurer's repairer?
- In a claim against the other driver you are claiming the reasonable cost of repairs, backed by your quote. Their insurer can offer its own repairer and can argue your quote is too high, but the question is whether the cost is reasonable.
- Can my own insurer choose the repairer?
- Yes, if your policy says so. Look for the choice-of-repairer section in your Product Disclosure Statement before you claim.
- What if they say my quote is too high?
- Ask what they disagree with, and get an independent quote. If it goes to court, both sides exchange expert evidence about the repair cost.
Sources
- Legal Aid NSW — Crashed your car?
- Motor Vehicle Insurance and Repair Industry Code of Conduct (2017), clause 9.1
- Moneysmart (ASIC) — Claiming on your car insurance (updated 29 Oct 2026)
General information only, not legal advice. Your situation depends on the facts and the terms you sign.


