The short answer
Often, yes. If another driver caused the accident and you need a car while yours is being repaired, you can generally claim the reasonable cost of hiring a comparable car from the at-fault driver or their insurer. On your own policy, it depends on what the policy includes. Not sure what applies to you? Check your policy, or ask us about your options. Where you’re eligible, we can arrange a hire car through our third-party partner, subject to their eligibility and terms.
This guide gives general information, not legal advice.
What the courts have said
In 2021, the High Court of Australia decided two cases together (Arsalan v Rixon and Nguyen v Cassim). It confirmed that a person whose car is damaged through someone else’s negligence can generally claim the reasonable cost of hiring a broadly comparable car while theirs is being repaired, if they need one. You don’t have to prove a special reason for needing a prestige car, but the cost and the length of hire still have to be reasonable.
What counts as reasonable
- You need a car. For example, you use it for work, school runs or getting around.
- The hire car is comparable to yours in size and type.
- The daily rate is reasonable.
- The hire lasts only as long as the repair reasonably takes.
On your own policy
Some comprehensive policies include a hire car after a not-at-fault accident, usually with a limit on days or cost. Some offer it as an extra. Check your PDS.
Before you sign a hire agreement
Many not-at-fault hire cars are supplied by companies that recover the cost from the at-fault insurer. They can be very helpful, but read the agreement. Ask:
- What do I have to do to help with the claim?
- What happens if the other insurer disputes fault or the cost?
- Could I be asked to pay anything, and when?
- Will anyone start court action in my name?
How we can help
We repair all makes and models at our Moorabbin and Carnegie shops, and we’re authorised for BMW, Mercedes-Benz, Audi and Porsche repairs. A hire car is arranged through our third-party partner, subject to their eligibility and terms. Start at our not-at-fault page, upload your accident photos or call 1300 145 677.
Related: What to do after a not-at-fault accident · Towing after a car accident in Victoria · Can I choose my own smash repairer? · Genuine parts for European cars
Frequently asked questions
Can I get a hire car if the accident wasn’t my fault?
Often, yes. If you need a car while yours is repaired, you can usually claim the reasonable cost of a comparable hire car from the at-fault driver or their insurer. Check your policy, or ask us about your options.
Do I get the same type of car as mine?
You can generally claim for a comparable car, similar in size and type. The cost still has to be reasonable.
Can I get a prestige hire car if I drive a prestige car?
The High Court has said you don’t have to prove a special reason for needing a comparable prestige car. The cost and length of hire must still be reasonable.
How long can I keep the hire car?
Usually only as long as the repair reasonably takes. Return it when your car is ready.
Will I have to pay for the hire car?
With a not-at-fault hire provider, usually not, but conditions apply. Read the agreement and ask what happens if the claim is disputed.
Does my own insurance include a hire car?
Some comprehensive policies do, usually with a limit on days or cost. Check your PDS.