Your parents' car was hit: a Sydney family guide
When your mum or dad is hit by another driver, the crash is only the start. The real work is the phone calls, the insurer who rings the wrong person, and the question of how they get to the shops on Tuesday. This guide is for the adult children who end up holding the paperwork.
It covers what your parent must still do themselves, how to collect the other driver's details safely, how a replacement car gets to their driveway, and when to bring in a solicitor. It is written for Sydney, where a trip to the specialist is a 20 minute drive and the nearest bus stop is not always an option.
Key takeaways
- Your parent must give the statement and sign the authority, but you can handle the calls, the paperwork and the replacement car.
- Collect the other driver's licence, number plate and phone number at the scene, and take photos before the cars are moved.
- A like-for-like replacement car should suit your parent's actual needs, including seat height, boot space and ease of entry.
- Insurers may call you instead of your parent; you can pass on a message but should not give a statement on their behalf.
- If there is an injury, a denial of fault, or a write-off dispute, a solicitor is worth involving early.
- Why the first conversation matters
- What the driver must still do themselves
- Collecting the other driver's details safely
- Arranging a replacement car they can actually drive
- Cars that suit older drivers
- Delivery to home and a walk-through at handover
- Dealing with insurers who call the wrong person
- When to involve a solicitor
- The paperwork you can take off their plate
- What it costs and who pays
Why the first conversation matters
Your parent has just been hit. They are standing on the side of the road, or in a car park at Westfield Bondi Junction, or on the Pacific Highway at Pymble, and they are shaken. The first conversation you have with them sets the tone for the whole claim.
Do not start with the claim. Start with them. Ask if they are hurt, ask if the car is drivable, ask where they are. If they are still at the scene, tell them to move somewhere safe and stay in the car if traffic is close. If it is dark or raining, that matters more than the panel damage.
Then ask for three things: a photo of the other driver's licence, a photo of the other car's number plate, and the other driver's phone number. That is the minimum. If they can get the other driver's insurer name and claim number, even better, but do not let them stand in the weather arguing about it.
Once they are home, the next conversation is about what happens next. This is where you can take the load off. You can call insurers, you can read the forms, you can organise a replacement car. What you cannot do is be them. The claim is theirs, and the insurer will want to hear from them at least once. Knowing that boundary early saves a lot of frustration later.
If you want the full picture of how not-at-fault claims work in NSW, start with Not At Fault: Your Rights in NSW. It explains the law in plain English, including the High Court decision in Arsalan v Rixon that changed what insurers have to cover.
What the driver must still do themselves
You can do a lot, but you cannot sign for them, and you cannot give a statement for them. Insurers are careful about authority, and rightly so. Here is what your parent must do personally.
- Report the accident to police if required. In NSW, you must report a crash to police if anyone was injured, if the other driver failed to stop, or if you suspect the other driver was affected by drugs or alcohol. For a minor bingle in a car park, a police report is not always required, but it is still worth noting the time and location.
- Notify their own insurer. Even if they are not at fault, their policy usually requires them to tell their insurer about the accident. This is a notification, not a claim. It should not affect their no-claim bonus if they are not at fault, but check the policy wording.
- Give the insurer a statement. The insurer will want to hear the account in your parent's words. You can be in the room, you can take notes, but your parent should speak.
- Sign the authority for repairs. If the car is going to a smash repairer, your parent signs the repair authority. You can help them read it.
- Accept the replacement car. If a replacement car is delivered, your parent needs to be there to sign for it and show their licence.
There is one more thing: your parent must keep their licence and their contact details current with the insurer. If they have moved to a retirement village in Castle Hill or down to Wollongong, tell the insurer. A letter sent to the old address is a common reason claims stall.
If you are unsure what the first 24 hours should look like, First 24 Hours After a Not At Fault Accident walks through it step by step.
Age limits are set per car. Drivers under 25 can hire most cars with Young Driver Cover; the exact terms are shown before you pay.
Collecting the other driver's details safely
This is where older drivers often feel pressured. The other driver may be charming, or aggressive, or in a hurry. Your parent does not have to negotiate at the roadside. They just need the facts.
Here is a safe routine to talk through with them before it ever happens.
- Stay in the car if it is safe. Put the hazard lights on. If the cars are in a live lane on the M4 or the Cahill Expressway, do not get out to swap details. Call 000 if it is dangerous.
- Take photos first. Photograph the position of both cars, the damage, the number plate, and the other driver's licence. A phone camera is fine. Do not edit or crop them.
- Write down the other driver's name, address, phone, licence number, and insurer if they will give it. If they refuse, note that. The police can follow up.
- Get a witness if you can. In a shopping centre car park at Chatswood Chase on a Saturday, there is usually someone nearby. Ask for a name and number.
- Do not admit fault. Your parent should not say sorry or accept blame, even if they think they might have been partly at fault. That is for the insurers to sort out.
- Do not accept cash. A cash offer at the scene rarely covers the real cost of repairs to a prestige car, and it can complicate the claim.
If the other driver leaves without giving details, that is a hit and run. Your parent should report it to police. The claim may then go through their own insurer, but the not-at-fault rules can still apply.
For more on proving fault, see Proving the Other Driver Was At Fault.
Not at fault? Start your claim
A like-for-like replacement car while yours is repaired. No cost to you when the other driver is at fault.
Start my claimArranging a replacement car they can actually drive
A replacement car is not just a courtesy. In NSW, if the other driver was at fault, your parent is entitled to be put back in the position they were in before the crash. That means a car that suits their needs, not just any car on the lot.
This is where like-for-like matters. If your father drives a Range Rover Velar, a small hatchback is not like-for-like. If your mother needs a high seat to get in and out comfortably, a low-slung sedan is a problem. If they carry a walking frame or a mobility scooter, the boot has to fit it.
Think about what they actually do in a week. A trip to the GP in Mosman, a visit to the grandkids in Baulkham Hills, a weekly shop at Aldi in Neutral Bay. If they still drive on the M2 or the M5, the car needs to be comfortable at 100 km/h, not just around the block.
Here are the practical checks before you book anything:
- Can they get in and out easily? SUVs and people movers are usually easier than low sports cars.
- Is it automatic? Most prestige replacements are, but confirm.
- Does it have a reversing camera? At 80, a camera is not a luxury, it is a safety feature.
- Is the boot big enough? Measure the mobility aid if there is one.
- Is the minimum driver age okay? Most cars on the fleet can be hired from age 20, but some are 25 or 30. Check before you promise anything.
If you are booking through a credit hire arrangement, the cost is recovered from the at-fault insurer, not from your parent. The rate, the bond and any fees are shown on the car's page before payment. A bond equal to the excess you choose may apply, and paying by card carries a small surcharge while bank transfer and cash on the rental do not.
For a closer look at how credit hire works, read How Credit Hire Works. When you are ready to see what is available, you can start at accident replacement car Sydney.
Cars that suit older drivers
Not every replacement car suits every driver. The best choice is the one your parent feels confident in from the first minute. Here are four that work well for Sydney conditions and older drivers.
The Range Rover Velar is a luxury SUV with a high seating position, a smooth ride and a diesel engine that is relaxed on the M4 and the M7. It has five seats and all-wheel drive, which helps in the wet. It is available from Mascot and can be delivered.
The Porsche Macan is another luxury SUV, slightly smaller, with a petrol engine and all-wheel drive. It is easy to place in a tight spot at the shops, and the visibility is good. It is also based at Mascot with delivery available.
If your parent has already moved to an electric car, the Tesla Model Y RWD is a lifestyle SUV with a high seat and a simple one-pedal driving style once they get used to it. It is based at Merrylands and can be delivered. The minimum driver age is 25 on this one.
For a larger family group, or if your parent regularly carries grandchildren, the LDV MIFA Luxe is a seven-seat people mover with sliding doors and a low step-in height. It is based at Merrylands and can be delivered. The minimum driver age is 20.
Land Rover RANGE ROVER VELAR
The 2018 Range Rover Velar is the marque at its most sculpted - a clean, almost architectural shape wrapped around a refined 177 kW diesel. Flush door handles, a hushed cabin and...
Porsche MACAN
2019 Porsche MACAN...
Tesla Model Y RWD 2025
The updated Tesla Model Y is the easiest way to try electric driving: quiet, quick off the line and packed with technology, with a huge boot and a panoramic glass roof. Plenty of...
LDV MIFA Luxe 2023
The LDV MIFA Luxe is a premium people mover with captain-style seating, sliding doors and room for seven adults and their bags. Quiet, comfortable and easy to drive, it suits...
If you are not sure which one fits, Replacement by Car Type has more detail. The key is to match the car to the driver, not to the badge.
Delivery to home and a walk-through at handover
Most older drivers do not want to catch a train to Mascot to pick up a car. Delivery to home is the difference between a workable arrangement and a stressful one. It is available on the cars listed above, and it is worth organising properly.
Here is how to make the handover smooth.
- Be there if you can. If you cannot, ask a neighbour or a friend to be present. The driver handing over the car will need to see your parent's licence and a current utility bill or similar proof of address.
- Clear the driveway. If the replacement car is an SUV, it needs space. Move the bins, move the other car if there is one.
- Have the paperwork ready. Licence, proof of address, and the claim details if you have them.
- Do a walk-around together. Check for existing damage and note it. Take photos. This protects your parent if there is a dispute later.
- Ask about the controls. Where are the lights, the wipers, the park brake, the fuel or charge flap. If it is an electric car, ask how to charge it and where the nearest charger is.
- Save the contact number. If something goes wrong, your parent should know who to call.
If your parent is not confident with a new car, take them for a short drive around the block before the delivery driver leaves. A lap around the suburb, a practice park, and a run to the local shops will do more than any manual.
For more on what happens while the car is being repaired, see Replacement Car While Your Car Is Repaired.
Dealing with insurers who call the wrong person
It is common for the at-fault insurer to call the adult child, especially if your number was on the policy as a contact. That is fine, but you need to manage it. You are not the policyholder, and you cannot give a statement on your parent's behalf.
Here is a script you can use.
"I am helping my mother with this claim, but the policy is in her name. I can pass on a message and help her call you back, but I cannot give a statement. Please call her directly on [number] between [times]."
Then write down the name of the person who called, the time, and what they wanted. If they push, ask them to put it in writing. Insurers are used to this. It is not rude, it is just clear.
There are a few things to watch for.
- Do not let them record you. If they say the call is recorded, that is fine, but do not give a statement. Ask them to call your parent.
- Do not accept a low offer on the phone. If they offer to settle the repair or the hire car, say you will consider it in writing.
- Keep a log. Date, time, name, what was said. This is useful if there is a dispute later.
- Check the hire car authorisation. Some insurers will try to cap the replacement car at a small daily amount. That may not be like-for-like. If your parent drives a prestige car, the replacement should be comparable.
If the insurer is slow or difficult, Dealing With Insurers After a Not At Fault Accident has more. For the obligations on the at-fault insurer, see At Fault Insurer's Obligations in NSW.
Bookings are fulfilled by Drive Tribe (drivetribe.com.au), the trading name of Australian Business Holdings Pty Ltd, and this site is part of that group. If you are ready to arrange a car, you can check availability at not at fault in a car accident in NSW.
When to involve a solicitor
Most not-at-fault claims in NSW do not need a solicitor. The insurer pays for the repair and the replacement car, and everyone moves on. But there are situations where a solicitor earns their fee.
Consider legal advice if:
- Your parent was injured. Even a minor injury can have long-term effects at 75 or 85. Personal injury claims have strict time limits. Talk to a solicitor who does personal injury work.
- The other driver's insurer denies fault. If they are blaming your parent, and the evidence is not clear, a solicitor can help gather statements and photos.
- The insurer refuses to pay for a like-for-like replacement car. If your parent drives a prestige car and the insurer offers a small hatchback, that may not meet the test in Arsalan v Rixon. A solicitor can write to them.
- The car is written off and the payout is too low. If the insurer offers less than the car is worth, a solicitor can negotiate. For more, see Repairs and Write-Offs.
- The claim is large or complex. Multiple cars, a commercial vehicle, or a dispute about who was at fault.
If you are not sure, get a free initial consultation. Many Sydney firms offer one. You do not have to engage them, but you will know where you stand.
For the legal background on replacement cars, see Arsalan v Rixon High Court Explained and The Reasonable Hire Car Test in NSW.
The paperwork you can take off their plate
You cannot be your parent, but you can carry the admin. Here is what to take over.
- Keep a folder. A physical folder with the claim number, the other driver's details, photos, and a log of calls. If your parent is not confident with email, this is easier.
- Make the calls. You can call the insurer, the repairer, and the replacement car company. Just make sure your parent knows what you are doing.
- Book the repair. If the car is drivable, take it to a smash repairer. If not, arrange a tow. For prestige cars, check that the repairer is approved by the insurer and has the right equipment.
- Organise the replacement car. This is the big one. Book it, arrange delivery, and be there for the handover if you can.
- Check the repair. When the car is ready, go with your parent to pick it up. Look at the panels, the paint match, and the gaps. If something is wrong, say so before you leave.
- Follow up on the excess. If your parent paid an excess, make sure it is refunded when the claim is settled. This can take weeks.
If your parent is in a retirement village or an aged care facility, tell the replacement car company. Delivery to a village in Castle Hill or a unit in Randwick is different from a house with a driveway. It helps to know in advance.
For a broader checklist, see What to Do After a Not At Fault Car Accident. If you are a broker or a solicitor looking for a referral partner, Partners and Referrals explains how that works.
What it costs and who pays
If the other driver was at fault, your parent should not be out of pocket for the replacement car. In a credit hire arrangement, the hire company recovers the cost from the at-fault insurer. Your parent signs an agreement, but the claim is against the other side.
The rate, the bond and every fee are shown on the car's page before payment. There are no hidden extras. The bond equals the excess your parent chooses, and it is refunded when the car is returned in the same condition. Paying by card carries a small surcharge, while bank transfer and cash on the rental do not.
If the at-fault insurer disputes the hire, the credit hire company usually handles that. Your parent may need to provide a statement, but they should not be chasing the other insurer for money.
There is one exception: if your parent's own insurer is handling the claim under their policy, the rules may be different. Check the policy. For more, see Credit Hire vs Paying Yourself and What You Never Pay When Not At Fault.
If you are ready to arrange a car, you can start at not at fault accident replacement. The team can talk you through the options and arrange delivery to your parent's home.
Questions people ask
Can I handle the claim on my parent's behalf?
Will a replacement car be delivered to their home?
What if the insurer keeps calling me instead of them?
What if my parent was partly at fault?
How long can they keep the replacement car?
Do they need to pay anything upfront?
Injured in the accident?
A replacement car covers the car. For legal advice about an injury, speak to Jameson Law, the most trusted personal injury firm in NSW (motor vehicle accident claims) on (02) 8806 0866.
Ready when you are
Start the claim online in five short steps, or call 0468 011 118. Replacement hires are arranged and fulfilled by Drive Tribe, the trading name of Australian Business Holdings Pty Ltd.
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