Simple Car Insurance

not-at-fault crash

What happens when someone else hits you

The other driver is at fault. What you can claim, whether to use your insurer or theirs, and the excess question.

Typical timeline: Three to twelve weeks. Faster if the other driver and insurer cooperate; longer if fault is contested or the other driver is uninsured.

When someone else crashes into you, the legal position is that they (or their insurer) should pay for your repair, your hire car, and any other reasonable costs. The practical position is messier — partly because not every driver in NZ has insurance, and partly because the path to getting paid runs through their insurer's claims process, not yours.

You have two routes. Route one: claim against the other driver's insurer directly. They'll handle your repair and (usually) provide a hire car. There's no excess for you to pay because you're not at fault, and your no-claim discount stays intact. The downside: their insurer's claims team works for them, not you, and the experience is often slower than going through your own insurer. Route two: claim against your own insurer (if you have comprehensive cover), pay your excess upfront, get the repair done quickly, and let your insurer chase the other party for reimbursement. If they recover, you get your excess back. If they don't, you don't.

The right route depends on the situation. If the other driver has admitted fault and they're with a mainstream insurer, going direct to their insurer often works fine. If the other driver is uninsured, evasive, or driving a beater, claiming against your own comprehensive cover is the safer play — assuming you have it. If you only carry third-party cover, the other party's insurer (or the other party themselves) is your only path.

Don't assume your no-claim discount is automatically protected. Some insurers reset it briefly until fault is determined; others maintain it throughout. Ask. And keep records — every conversation, every email, every quote. Not-at-fault claims are the type most likely to drag on, and the paperwork is your leverage.

Steps, in order

  1. 1. Get the other driver's full insurance details at the scene

    Name, contact, plate, insurer, and policy number if they'll share it. This is the single most important step. If they refuse, photograph the plate and call the police.

  2. 2. Decide whose insurer to claim against

    Theirs is cheaper (no excess, no NCB hit) but slower. Yours is faster (if you have comprehensive) but you pay excess upfront and recover later.

  3. 3. Lodge the claim with the chosen insurer

    Whichever route you choose, lodge promptly. Provide their details, the police report (if any), photos, and a sequence of events.

  4. 4. Confirm whether your no-claim discount is affected

    Ask explicitly. Some insurers reset it pending fault determination; others maintain it. Get the answer in writing.

  5. 5. Track your excess refund (if applicable)

    If you went via your own insurer, follow up after the recovery process. They'll usually refund the excess once the at-fault party's insurer pays.

Common pitfalls

  • Letting the other driver leave the scene without insurance details
  • Assuming your no-claim discount is automatically protected — it depends on insurer policy
  • Going via your own insurer when the other driver is uninsured, then finding out recovery is impossible and your excess is gone
  • Not following up — recovery processes can take months, and insurers don't always chase proactively

Other claim walkthroughs

at-fault crash

How an at-fault crash claim actually works

You hit someone. What happens next, what your insurer does, and what the excess actually costs you.

theft

When your car is stolen — claims, timelines, and what you actually get paid

Theft claims sit somewhere between simple and unpleasant. Here's the typical NZ experience.