What Replacement Car Can I Get if Not at Fault?

The short answer: a like-for-like replacement

If another driver caused the crash, you can hire a replacement car that matches the one you were driving, and the at-fault driver (or their insurer) is responsible for the reasonable cost of that hire. You do not have to accept a small hatchback when your car was a prestige SUV. The replacement should be equivalent in class, size, transmission, fuel type and features that matter to you.

The entitlement comes from the law of tort: you are entitled to be put back in the position you were in before the accident, as far as money can do it. In practice, that means you can arrange a replacement car through a credit hire provider while your own car is being repaired, and the cost is recovered from the at-fault party. You do not pay upfront if you use a credit hire arrangement.

This is not a loophole or a luxury. It is the same principle that lets you claim a hire car when your own insurer provides one under your policy, except here the obligation sits with the person who hit you. For a fuller explanation of the legal basis, see Arsalan v Rixon explained.

Bookings for replacement cars are fulfilled by Drive Tribe (drivetribe.com.au), and this site is part of that group.

How equivalence is judged in New South Wales

There is no single statute that lists what counts as like-for-like. The test is reasonableness: would a reasonable person in your position accept this replacement car as equivalent to what they lost? Courts and insurers look at several factors.

• Make and model: The closer the match, the stronger the claim. A BMW 3 Series for a BMW 3 Series is straightforward. A Toyota Camry for a Porsche 911 is not.
• Class and size: A large SUV should be replaced with a large SUV, not a compact. A seven-seat car should be replaced with one that seats seven.
• Transmission and drivetrain: If your car was all-wheel drive, a rear-wheel drive substitute may not be equivalent, especially for Sydney drivers who use their car for work or family duties.
• Fuel type: An electric vehicle should generally be replaced with an electric vehicle, not a petrol car, because running costs and driving experience differ.
• Condition and age: A two-year-old car with low kilometres should not be replaced with a ten-year-old base model.
• Features: Towing capacity, roof racks, child seat anchors, boot space and technology packages can all matter.

If your car is a prestige or performance model, the replacement should reflect that. For a BMW M3 Competition, a like-for-like replacement is another high-performance sedan, not a base 3 Series. For a Range Rover Sport, it is another luxury SUV of similar size and capability.

You can read more about how we assess equivalence on our like-for-like page.

Examples across prestige, performance and electric cars

Sydney drivers often ask what a replacement looks like in practice. Here are some common scenarios.

Prestige and luxury SUVs

If your Range Rover Sport is in for repairs after a rear-end collision on Military Road in Mosman, a like-for-like replacement would be another luxury SUV of similar size and specification. A BMW X7 or a Range Rover Sport from our fleet would be appropriate. You can see an example of a suitable replacement below.

Luxury / SUV / 4WD / Self-drive or chauffeured

Range Rover Sport 2023

Step into the future of luxury with the 2023 Land Rover Range Rover Sport. Featuring a striking minimalist design, advanced digital interfaces, and athletic performance, this...

250 kW Power6.6s 0-100AWD Drive5 seats SeatsPetrol FuelDrivers from 20Base Mascot

See rate and availability

For a seven-seat luxury SUV like a BMW X7, the replacement should also seat seven and offer comparable comfort. A five-seat SUV would not be equivalent if you regularly carry six or seven people.

Luxury / SUV / 4WD / Self-drive

BMW X7

Travel as a group without giving up a shred of comfort in the 2019 BMW X7 xDrive30d. Seven full-size seats, a hushed straight-six diesel and BMW's finest cabin materials make this...

195 kW Power7.0s 0-100AWD Drive7 seats SeatsDiesel FuelDrivers from 20Base Mascot

See rate and availability

Performance cars

If your BMW M3 Competition is damaged in a crash on the M4 near Parramatta, you need a performance sedan with similar power and handling. A standard 3 Series would not be like-for-like. Our fleet includes a BMW M3 Competition G80 that fits the bill.

Performance / Sedan / Self-drive

BMW M3 Competition G80 2021

Feel the rush of true sports performance. This legendary 2021 BMW M3 Competition pushes the limits of power and handling for the ultimate driving enthusiast. Cruise through Sydney...

375 kW Power3.9s 0-100RWD Drive5 seats SeatsPetrol FuelDrivers from 25Base Parramatta

See rate and availability

Electric vehicles

Tesla owners in Sydney face a particular issue: many insurers try to substitute a petrol car. That is not like-for-like. If your Tesla Model Y is off the road after a crash on the Pacific Highway near Chatswood, you should get another electric SUV with comparable range and charging capability.

Lifestyle / SUV / 4WD / Self-drive

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...

220 kW Power5.9s 0-100RWD Drive5 seats SeatsElectric FuelDrivers from 25Base Merrylands

See rate and availability

These are examples, not a guarantee of availability. The exact replacement depends on what is in the fleet and what your car was. For a broader view, see our replacement by car type hub.

What to do when your exact model is unavailable

Fleets are not infinite. If your exact make and model is not available, you do not lose your entitlement. The replacement should still be equivalent in class, size and capability. A BMW X5 is a reasonable substitute for a Mercedes GLE if both are large luxury SUVs. A Porsche Macan is not a reasonable substitute for a Porsche 911, but a Cayenne might be closer in size and performance.

Here is what to do:

1. Document your car's specification. Keep a copy of your registration, insurance policy and any photos that show the make, model, year and features.
2. Be specific about what matters. If you need seven seats, all-wheel drive or a tow bar, say so. These are not preferences; they are requirements that affect equivalence.
3. Ask for the closest match. A reputable credit hire provider will offer the nearest equivalent available, not the cheapest car on the lot.
4. Do not accept a downgrade without asking why. If the proposed replacement is clearly a lower class, ask for the reasoning in writing.

If your car is a rare model or a specialised performance car, it may take longer to source a replacement. In the meantime, you are still entitled to a suitable car. Our how credit hire works page explains the process.

If you are unsure what counts as equivalent, our team can help. You can also check availability directly through accident replacement car Sydney.

The evidence that supports your entitlement

Your entitlement is only as strong as the evidence you can produce. Insurers will look for proof that the other driver was at fault and that your car was roadworthy and registered before the crash.

Collect the following as soon as possible:

• Police report or event number: If police attended, get the report number. If not, note the time, date and location.
• Photos: Damage to both cars, the scene, road conditions, number plates and any skid marks.
• Other driver's details: Name, licence number, registration, insurer and policy number.
• Witness details: Names and phone numbers of anyone who saw the crash.
• Your car's details: Registration, make, model, year, odometer reading and any recent service records.
• Repair quotes or assessment: A smash repairer's assessment helps establish the repair period.

If the other driver admits fault at the scene, get it in writing if you can, or record it on your phone. If they deny fault, your evidence becomes even more important.

For a detailed checklist, see our first 24 hours guide. If you are dealing with an insurer that delays or disputes, our dealing with insurers page has practical steps.

What you never have to pay

In a credit hire arrangement, you do not pay for the replacement car upfront. The hire cost is billed to the at-fault driver's insurer or recovered from the at-fault driver. You should not be asked for a bond or excess for the replacement car itself, although the hire company may require a bond that equals the excess you choose for the replacement vehicle. That bond is refundable and is not a fee.

You may be asked to pay a small surcharge if you pay by credit card. Bank transfer and cash on the rental do not carry that surcharge. The rate, the bond and any fees are shown on the car's page before you pay.

You should never pay for:

• The daily rate of the replacement car
• Delivery or collection within the Sydney metropolitan area, if agreed in advance
• Insurance for the replacement car (this is included in the credit hire arrangement)
• Any admin fee charged by the credit hire provider (these are recovered from the at-fault party)

If anyone asks you to pay for the replacement car itself, question it. The only exceptions are the card surcharge and the refundable bond. For more detail, see our what is credit hire explained page.

How long the replacement is provided

The replacement car is provided for the reasonable time it takes to repair your car, or until your car is written off and you receive payment, whichever comes first. In New South Wales, that period depends on the repairer, parts availability and insurer approval.

For prestige and performance cars, repairs often take longer than for mainstream vehicles. Parts may need to be ordered from overseas, and specialised repairers may have waiting lists. A BMW M3 with structural damage might take six to eight weeks. A Range Rover Sport with suspension damage could take similar. A Tesla with battery or body damage may take even longer.

You are entitled to a replacement for the whole repair period, not just a few days. If the insurer tries to cut off the replacement before your car is roadworthy, you can push back. Keep records of all communication and repair timelines.

If your car is declared a write-off, the replacement typically ends when you receive the payout, but you may still be entitled to a car for a short period after to arrange a new vehicle. Our repairs and write-offs page explains this in detail.

For typical repair times in Sydney, see our how long prestige car repairs take guide.

When to involve a solicitor

Most not-at-fault claims are straightforward: the other driver admits fault, their insurer accepts liability and the credit hire provider deals with them directly. You do not need a solicitor for a routine claim.

You should consider legal advice if:

• The other driver denies fault and there is no clear evidence.
• The insurer refuses to pay for a like-for-like replacement and insists on a lower-class car.
• Your car is a write-off and the payout is disputed.
• You suffered injuries and are making a personal injury claim.
• The at-fault driver is uninsured or cannot be identified.

A solicitor can help you enforce your entitlement, especially if the insurer is delaying or low-balling. Many solicitors work with credit hire providers and can refer you to a reputable service.

If you are a solicitor or broker looking for a referral partner, see our partners and referrals page. For general information on not-at-fault claims, see not at fault in a car accident in NSW.