If you’ve just been in a car accident in South Australia, one of the first questions running through your head is probably: “Who pays for this?” The answer hinges on one critical factor, who was at fault. Understanding how fault is determined, what insurance covers what, and what your rights are as a vehicle owner can save you thousands of dollars and a whole lot of stress.
What Does “At-Fault” Actually Mean?
A driver is considered at fault when they caused the accident through negligence, by disobeying a road rule or simply failing to take reasonable care behind the wheel. Common examples include:
- Running a red light or failing to give way
- Tailgating or failing to keep a safe following distance
- Speeding (an infringement notice can directly assist insurers in determining fault)
- Failing to keep a proper lookout
Fault isn’t always black and white, either. In South Australia, you can be partially at fault, and your compensation or claim outcome may be reduced proportionally based on your share of the responsibility.
The Two Insurance Systems Working Side by Side
South Australia runs two distinct insurance systems simultaneously, and understanding the difference between them is absolutely essential.
Compulsory Third Party (CTP) Insurance: For Injuries Only
CTP insurance is mandatory for every registered vehicle in South Australia. It is bundled into your registration fee and covers personal injury claims only — not a single cent goes toward vehicle damage. Here is how it plays out depending on fault:
- If someone else was at fault and you were injured: Their CTP insurance covers your medical costs, lost income, and potentially non-economic losses such as pain and suffering
- If you were at fault and someone else was injured: Your CTP insurance covers their injuries
- If you were entirely at fault and you yourself were injured: CTP generally will not cover you, though serious injury support may be available through the Lifetime Support Scheme under the Motor Vehicles Accidents (Lifetime Support Scheme) Act 2013 (SA)
- If the at-fault driver is uninsured or unidentified: You may still be covered for injuries under the Nominal Defendant Scheme
Remember: CTP insurance does not cover damage to vehicles or property under any circumstances. It exists solely for personal injury.
Vehicle Damage Insurance: For Your Car
This is where your personal motor insurance policy steps in. There are several levels of cover available to Australian drivers:
| Insurance Type | What It Covers | What It Doesn’t Cover |
|---|---|---|
| Comprehensive | Your car AND the other party’s vehicle or property, regardless of fault | Personal injury (handled by CTP) |
| Third Party Property Damage | Damage you cause to someone else’s car or property when you are at fault | Damage to your own vehicle |
| Third Party Fire and Theft | As above, plus your car if stolen or damaged by fire | Your car in an at-fault collision |
Third Party Property Damage insurance does not cover your own vehicle if you were at fault. It only protects the other person’s property when your negligence caused the damage.
If You Were Not At-Fault: What Are Your Options?
Being not-at-fault does not automatically make the process painless, but it does give you more avenues to explore.
Option 1: Claim Through Your Own Comprehensive Insurer
This is almost always the fastest and most straightforward path. If you can provide the other driver’s name, address, and vehicle registration, your insurer should waive your excess and pursue the at-fault party directly on your behalf. As Eblen Collision Repairs has long advised its customers: putting the claim through your own insurer is far preferable to avoid the delays that come with a third-party insurance claim.
Option 2: Claim Directly Against the At-Fault Party’s Insurer
You can pursue a claim directly against the at-fault driver’s insurer through what is known as a third-party property claim. The downside is this route is typically slower, involves considerably more back-and-forth, and the other party’s insurer is under no obligation to make things easy for you.
Option 3: The Other Driver Is Uninsured
If the at-fault driver carries no comprehensive insurance, you may still have options worth exploring:
- If you have comprehensive cover, your insurer will typically cover the repairs and absorb the cost
- If you only have Third Party cover, some policies include a limited uninsured motorist extension of typically up to $5,000 in repairs, provided the other driver can be identified
- If the damage is under $19,000, the other driver is identified, and they have claimed on their insurance (or are deceased or cannot be located), separate legal avenues may also be available
Will You Have to Pay an Excess?
This is one of the most common questions that comes up after a collision.
- At-fault claim: Yes, your excess will generally need to be paid before repairs can begin.
- Not-at-fault claim through your own insurer: Your excess is usually waived, provided you can supply the other driver’s full name, address, and registration number.
- CTP fault excess: Under South Australian law, drivers found to be more than 25% at fault for an accident must pay a CTP excess to their insurer.
Your Right to Choose Your Own Repairer
Here is something that surprises many South Australians: you have the right to choose your own repairer, regardless of which insurer is footing the bill. Some insurers will try to steer you toward a cheaper repairer on their preferred network, but your vehicle belongs to you, and it deserves to be repaired by someone you actually trust.
When lodging your claim, nominate your preferred repairer upfront and do it with confidence. At Eblen Collision Repairs, we act as your advocate throughout the entire insurance repair process, handling the paperwork, liaising with your insurer, and working to restore your vehicle to exactly the condition it was in before the accident.
Handy tip: You are also legally entitled to have your vehicle towed to a repairer of your choice. The Government Registered Towing Roster can be reached on 08 8231 5555 — simply request your vehicle be taken to Eblen Collision Repairs.
What to Do at the Scene: For Both Fault Scenarios
Whether you caused the accident or not, taking the right steps at the scene protects your claim and your peace of mind:
- Turn off your vehicle and activate your hazard lights immediately
- Call 000 if anyone is injured or the road is blocked
- Call the police even for minor accidents – a police report is invaluable when establishing fault later
- Exchange details with all parties involved, including full name and contact information, driver’s licence number, vehicle make, model and registration, and insurance company and policy number
- Gather eyewitness names and contact details, and note the exact location of the accident
- Photograph all vehicles involved from multiple angles, if it is safe to do so
- Report all damage when opening your claim. If something is not documented upfront, your insurer may later classify it as unrelated and refuse to cover it
The Bottom Line
Fault determines who pays, but it does not determine your right to a quality repair. Whether you caused the accident, you were an innocent party, or the truth sits somewhere in between, South Australia’s insurance framework gives you more options than most people realise.
The key is knowing your rights, gathering the right information at the scene, and entrusting your vehicle to a repairer who genuinely has your best interests at heart.
At Eblen Collision Repairs, we work with all major insurance companies and manage the entire claims process on your behalf, so you can focus on getting back on the road with confidence, visit our Insurance and Repair page to get started today.
