ChatGPT · New Zealand
The other driver says the crash was my fault, but I disagree. How will my insurer decide who pays?
In New Zealand, the other driver saying the crash was your fault doesn't automatically make you responsible for paying. Your insurer will investigate what happened, consider the available evidence, and decide how liability should be allocated under the circumstances and the terms of your insurance policy.
If you and the other driver disagree about who caused the crash, your insurer should assess the evidence rather than simply accepting the other driver's version of events.
1. How your insurer will decide who was at fault
Your insurer will typically consider several things:
- Each driver's account: What you say happened, what the other driver says, and whether either account is consistent with the available evidence.
- The road rules: Whether either driver failed to give way, changed lanes unsafely, followed too closely, drove carelessly, or committed another traffic-related breach.
- Physical evidence: Damage to both vehicles, the point of impact, skid marks, road layout, traffic signs, and vehicle positions.
- Photos and video: Dashcam footage, CCTV, photographs taken at the scene, and other relevant recordings.
- Independent witnesses: Statements from people who saw the collision and are not directly involved.
- Other available information: Police reports, diagrams, and any other evidence that helps establish what happened.
Your insurer may contact you for further information or ask you to provide photographs, witness details, or a written account.
Importantly, a disagreement doesn't automatically mean you will both be held responsible. Depending on the evidence, your insurer may decide that you were at fault, the other driver was at fault, both drivers contributed to the collision, or there isn't enough evidence to establish the other driver's alleged version of events.
2. Who actually pays for the damage?
That depends on the insurer's assessment, the type of insurance each driver has, and the terms of the policies.
| Outcome | What it could mean for you |
|---|---|
| The other driver is found at fault | Their insurer may pay for your vehicle damage, depending on the circumstances and available cover. |
| You are found at fault | Your insurer may cover the other driver's damage if your policy includes third-party liability cover. Your own damage will depend on your policy. |
| Both drivers contributed | Liability and the amount recoverable may be apportioned between the parties. |
| Fault cannot be established clearly | The insurers may dispute the claim or negotiate a settlement. Your own policy will determine what cover you can access. |
These are general possibilities rather than guaranteed outcomes. New Zealand's Consumer Protection website explains the differences between third-party and comprehensive insurance and how fault can affect your excess. Read the official guidance on car insurance. consumerprotection.govt.nz
Will you have to pay your excess?
Not necessarily.
If you have comprehensive insurance, your insurer may require you to pay your excess while it assesses your claim.
If the insurer establishes that the other driver was at fault and can recover the relevant costs from them or their insurer, you may be able to have your excess refunded or waived.
However, don't assume that disagreeing with the other driver automatically means you won't have to pay an excess. Your policy terms and the outcome of the claim matter. consumerprotection.govt.nz
3. What you should do to protect yourself
If you believe the other driver caused the accident, there are several practical steps you can take.
1. Give your insurer your own account of events.
Write down exactly what happened, including:
- Which direction each vehicle was travelling.
- Your speed and the other vehicle's apparent speed, if known.
- Whether either vehicle was turning, changing lanes, reversing, or entering an intersection.
- The sequence of events immediately before impact.
- Anything the other driver said at the scene.
Stick to what you remember. If you're unsure about something, say so rather than guessing.
2. Preserve your evidence.
Provide your insurer with any photographs, dashcam footage, witness details, and relevant messages. Keep the original files where possible.
If nearby businesses or properties might have CCTV footage, ask about it promptly, as recordings may be deleted.
3. Don't accept blame just to resolve the disagreement.
Explain clearly to your insurer that you dispute the other driver's account. You can cooperate with the claims investigation without agreeing that you caused the crash.
4. Ask your insurer to explain its decision.
If your insurer decides you're at fault, ask:
- What evidence supports that conclusion?
- Which road rules or aspects of your driving does it believe were relevant?
- How did it assess the other driver's actions?
- What happens to your excess and no-claims discount?
- Can you challenge the decision, and what evidence would help?
This will give you a clearer understanding of how the insurer reached its conclusion.
4. What if you disagree with your insurer's decision?
You don't have to accept an insurer's decision without questioning it.
Start by making a formal complaint through your insurer's complaints process. Explain which parts of its decision you dispute and provide any evidence it may have overlooked.
If the matter remains unresolved, you can approach the independent dispute resolution scheme your insurer belongs to. In New Zealand, these schemes provide free assistance with eligible financial and insurance complaints. You can find out which scheme covers your insurer through New Zealand's financial dispute guidance. govt.nz
One important distinction: your insurer's decision about whether to cover a claim is not necessarily the same as a court determining legal liability. If a substantial amount of money is at stake, independent legal advice may be worthwhile.
5. Let me help you work out how fault might be assessed in your situation
The details of the crash can make a significant difference. For example, a collision while changing lanes may be assessed differently from one at a roundabout or an intersection.
Can you tell me how the accident happened?
In particular:
- Where were you driving when it happened (for example, at an intersection, on a roundabout, on a motorway, or in a car park)?
- What were you and the other driver each doing immediately before the collision?
- What part of each vehicle was hit?
You don't need to provide names, registration numbers, or other identifying details.
With that information, I can explain how fault would typically be assessed under New Zealand road rules, what evidence may support your version, and what questions to raise with your insurer.
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Captured 11 October 2026