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Victorian legal guide

How do I recover costs after a not-at-fault car accident in Victoria?

General information for people in Victoria · ORLA Connect

If another driver was at fault for a car accident in Victoria, you can usually recover your out-of-pocket costs — car repairs or replacement, a hire car while yours is off the road, towing, and your insurance excess — from the at-fault driver or their insurer. This is separate from any injury claim. Here's how it works.

What you can recover

Reasonable costs caused by the accident: repairs (or the market value if written off), towing and storage, a hire car for the time you're without yours, and your excess. Rideshare and taxi drivers can also claim loss of income.

How the claim works

You identify the at-fault driver, gather evidence (photos, details, a quote), and make a claim on them or their insurer. If they don't have insurance or won't pay, a lawyer can send a demand and, if needed, pursue it in court.

Injuries are separate

If you were also hurt, injury claims in Victoria usually go through the Transport Accident Commission (TAC) scheme and have time limits — so get advice early on that side too.

Get help the easy way

Post your matter once on ORLA Connect and get matched with Victorian firms who handle not-at-fault recovery and explain their fees — privately, before you commit. Free and no obligation.

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Can I recover a hire car and my excess?
Usually yes — reasonable costs caused by an at-fault driver, including a hire car while yours is off the road and your insurance excess, can generally be recovered.
What if the other driver has no insurance?
You can still pursue them personally — a lawyer can send a demand and, if needed, take it to court to recover your costs.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.