MVA Problem Solver

I am insured and not at fault

If you are insured and not at fault, you have 2 options:

  1. Make a claim with your own insurer; or
  2. Don’t make a claim, and pursue the at fault party yourself.

There are pros and cons with both options, and whether to claim or not may vary on the facts and circumstances of your individual matter. Click on the “I can’t decide if I should claim on my insurance” button below if you are not sure whether to claim or not.

If you decide to claim with your own insurer you:

  • may need to pay an excess (even if you are not at fault);
  • may need to pay the remaining portion of your insurance premium;
  • are subject to your contract of insurance about how the vehicle may be repaired or written off;
  • are subject to the terms and conditions of your insurance, including any no claim bonuses.

If you have a dispute with your insurer you can:

  1. tell your insurer. It is recommended you make a complaint to your insurer’s Internal Dispute Resolution (IDR) department. Find your insurer’s IDR details here.
  2. If the dispute is not resolved within 45 days you can lodge in the Financial Ombudsman Service. If the dispute is not resolved within 45 days you can lodge in the Financial Ombudsman Service. You can make a claim in FOS by going to the website at www.fos.org.au, or calling 1800 367 287 or 1800 FOS AUS. For information on FOS go to the Dispute Resolution Factsheet

If you choose to not make a claim and pursue the at fault party yourself, click the “I have decided to not make a claim and pursue the other party” button below.

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