Know Your Rights After a Non Fault Motor Accident

When you have been involved in a motor accident that wasn't your fault it is important to know your legal rights.

1. Am I entitled to a similar replacement vehicle, while mine is off the road?

Yes, if you can prove a need for a replacement vehicle similar to your own, you can hire. The cost of that hire is recoverable from the at fault party or his/her Insurance Company. The innocent party is never out of pocket, where CRASH provides credit and arranges an indemnity policy. Top

2. What is an Indemnity Policy

An Indemnity Policy is an Insurance policy provided to you which covers the cost of legal expenses, hire and repair should these not be recovered from the guilty party or his Insurers. Like all policies there are terms and conditions and a specimen policy will be supplied upon request. Top

3. Can I choose which Repairer fixes my vehicle?

Yes, you may have your vehicle repaired at a Body Repair Shop of your choice. Top

4. Do I need to get three different estimates for the repair?

No, estimates are not required as the body repair shop of your choice can agree repair rates with an independant Motor Engineer/Assessor. CRASH will recommend and introduce you to a qualified Engineer. Top

5. Must my vehicle be written off?

Your vehicle may be deemed uneconomical to repair, usually if the cost of repairs is more than a certain percentage of the current value of the vehicle. You may be seriously disadvantaged if your vehicle is not repaired as you may be liable for outstanding hire purchase or leasing commitments. Very often a borderline case may be a repairable proposition if second hand parts are acceptable in the repair. The Engineer/Assessor will advise you if this applies. Top

6. Am I entitled to a replacement vehicle when my vehicle is written off?

Yes, if you can prove a need for a replacement vehicle similar to your own, you can hire. The cost of that hire, for a period up to seven days after the write off cheque is received, is recoverable from the at fault party or his/her Insurance Company. The innocent party is never out of pocket, where CRASH provides credit and arranges an indemnity policy. Top

7. Do I have to pay my Insurance policy excess?

No, by claiming off the at fault person's Insurance, you will not be invoking your own Insurance policy and therefore there will be no policy excess to pay. Top

8. Will my No Claims Bonus be affected?

It may temporarily be affected depending on individual insurers policy. On the successful completion of the claim, your no claims bonus is reinstated. Top

9. Will my out of pocket expenses be recoverable?

Yes, any expenses arising as a result of the accident may be recovered. This includes loss of earnings and medical expenses. Top

10. Can I claim for depreciation costs to my vehicle?

Yes, when your car has been involved in an accident, your vehicle may not be worth what it was before it was damaged no matter how well it is repaired. You may be entitled to compensation for this loss in value. Top