Not-at-Fault Car Entitlements in NZ: What You Can Claim After a Crash

Not-at-Fault Car Entitlements in New Zealand

A Faultless Cars NZ loan car being delivered after a not-at-fault crash in New Zealand

If you’ve been in a car accident that wasn’t your fault in New Zealand, you have legal rights and insurance entitlements. Knowing what you’re owed and how to claim it can save you time, money, and stress.  

This guide covers:  

✔ What you’re entitled to after a not-at-fault accident

✔ How to file a claim with insurance  

✔ Your rights under NZ law  

✔ Common mistakes to avoid  

What Are You Entitled to After a Not-At-Fault Accident?

When another driver causes a crash, you shouldn’t have to pay for repairs, medical bills, or other losses. Here’s what you can claim:  

1. Vehicle Repairs or Replacement
• If your car is damaged, the at-fault driver’s insurance should cover repairs.  
• If it’s a write-off, you’re entitled to market value compensation.  
2. Rental Car Costs 
• You’re entitled to a like-for-like replacement vehicle for the entire time your car is off the road — whether it’s being repaired or you’re waiting for a settlement. 
3. Medical & Rehabilitation Expenses
• ACC covers injury treatment, but you may claim additional costs (e.g., specialist visits).  
• If the accident caused long-term harm, you might be eligible for further compensation.   
4. Lost Wages & Other Financial Losses  
• If you miss work due to injuries, ACC may cover loss of income.    
• Additional expenses (e.g., towing, storage) may also be reimbursed.  

ACC may assist with both medical costs and lost income. Contact them directly for more information.

How to File a Not-At-Fault Claim in NZ  

Not-at-Fault Accident Checklist

• Step 1: Gather Evidence at the Scene 
• Take photos of damage, road conditions, and injuries. 
• Get the other driver’s details (license, insurance, contact info).  
• Note witness statements if possible.  

• Step 2: Report the Accident
• Inform your insurer within 48 hours (even if you’re not at fault).  
• If police attended, get an incident report number. 

• Step 3: Submit Your Claim  
• File through your insurer (they’ll handle the at-fault party’s insurer).  
• Provide all evidence—delays happen if details are missing.  

• Step 4: Follow Up & Dispute if Needed 
• If the at-fault party’s insurer denies liability, you may need to negotiate or seek legal help. 

Four easy steps to filing a claim in New Zealand

Your Legal Rights in a Not-At-Fault Accident 

• No Excess Fees: You shouldn’t pay an excess if the other driver is clearly at fault.  
• Choice of Repairer: You have the right to choose where you would like your vehicle repaired.   
• Dispute Resolution: If insurers don’t cooperate, you can escalate to the Insurance & Financial Services Ombudsman.  

Common Mistakes to Avoid  

❌ Delaying your claim – Insurers need prompt reporting.  

❌ Accepting a lowball offer – Get independent repair quotes.  

❌Accepting a hire car that isn't like-for-like – If you drive an SUV, you’re entitled to a similar vehicle. 

Need Help With Your Not-At-Fault Claim?  

Dealing with insurance after an accident can be frustrating. If you’re not sure you are being treated fairly or have questions about the process, seek further advice.   

Learn more about our process on our How It Works page.

🚗 Need a free loan car or help with your claim?

Reach out to Faultless Cars NZ — we’re here to make sure you get what you’re entitled to, no matter what stage you’re at.

    

        Orginally published on Faultless Cars NZ