# CL-M-01: I've just had a car crash and I think the other driver was at fault. What do I need to do for insurance? Collected 11 October 2026 [Car insurance study](https://nzbrands.ai/research/insurance/car-insurance) ## ChatGPT Answer ID: a2c40fb1-efd8-4cdd-9b65-8081feb16db7 I’m sorry this has happened — a car crash is stressful enough without having to worry about insurance. The good news is that, in New Zealand, you can generally start an insurance claim with your own insurer even if you believe the other driver caused the crash. Your insurer can explain your cover and help assess who was responsible. ## What to do now, step by step 1. Make sure everyone is safe If anyone is injured, call 111 for an ambulance or police as appropriate. If you're in immediate danger, move to a safe place if you can do so safely. Don't drive a car that may be unsafe. 2. Collect evidence If you can do so safely, take photos of the damage to both cars, the scene, road markings, traffic signs and any relevant skid marks. Save dashcam footage and get the other driver's: - Name and contact details - Registration number - Insurance company, if known - Vehicle details Get contact details from any witnesses. Write down what happened while it's fresh in your mind. 3. Report the crash to your insurer promptly Contact your insurer's claims team or use its online claims form. Tell them the facts, explain why you believe the other driver was at fault, and provide your photos and other evidence. Ask whether your policy covers the damage, whether an excess applies, and whether they can recover their costs from the other driver's insurer. 4. Keep records and wait for repair instructions Keep your claim number, receipts for reasonable expenses, repair estimates and all messages with the other driver or insurers. Ask your insurer before authorising repairs, arranging towing or accepting a settlement. ## Will you have to pay an excess? Not necessarily in the end. It depends on your policy, the evidence and whether the insurer can recover the costs. - If you have comprehensive insurance: your insurer may cover your car's damage, subject to your policy terms and excess. - If you have third-party-only insurance: damage to your own car usually isn't covered by your policy. You may be able to seek compensation from the other driver if they're found liable. - If the other driver is at fault: your insurer may waive or refund your excess if you can establish this and provide sufficient details about the other driver. [Car insurance](https://www.consumerprotection.govt.nz/help-product-service/cars/paying-registering-insuring-car/car-insurance) ## Important: police reporting in New Zealand If anyone was injured, the crash must be reported to Police as soon as practicable and within 24 hours, subject to the legal exceptions. For a non-injury crash, you can submit a [Police Traffic Crash Report](https://www.police.govt.nz/use-105/traffic-crash-report). Different reporting deadlines apply to damage to other property, such as a fence. [Traffic crash report](https://www.police.govt.nz/use-105/traffic-crash-report)[Land Transport Act 1998](https://www.legislation.govt.nz/act/public/2023/62/en/latest/sections/LMS832361/DLM434540) You don't need to prove fault yourself before contacting your insurer. Stick to the facts, and don't sign an agreement accepting responsibility or settle the damage privately before understanding the implications. ## Let me help you work out your next move I just need to know one thing first: What type of car insurance do you have? ## Gemini Answer ID: 59f46d10-053b-4a37-ab1e-5c99c2ef946c Dealing with a car crash is stressful, but handling the insurance process correctly will help protect your position—especially when you believe the other driver was at fault. ### 1. Gather and Secure Evidence If you haven't left the scene yet (or if you have the details recorded), ensure you have: * **The other driver's details:** Full name, phone number, address, vehicle registration (plate number), make, model, and their insurance company if known. * **Witness details:** Contact information for anyone who saw what happened. * **Photos/Videos:** Clear photos of the damage to both vehicles, skid marks, road layout, traffic signs, and the wider scene. * **Police involvement:** If anyone was injured, or if the other driver left without stopping, it is a legal requirement in New Zealand to report it to the Police (call 111 if urgent, or use 105 / online reporting for non-emergencies). Keep a note of the **Police event/file number**. ### 2. Contact Your Insurance Provider * **Notify them promptly:** Most New Zealand insurance policies require you to notify them as soon as reasonably possible, even if you are not at fault. * **Provide the facts:** Give your insurer a clear, factual account of what happened, along with the other driver's details, photos, and any police reference number. * **Do not admit liability:** If you are speaking with the other driver or third parties, avoid admitting fault or accepting blame. Let your insurer investigate and assess the liability based on the evidence. ### 3. Understand How "Not at Fault" Claims Work in NZ * **If you have Comprehensive Insurance:** Lodge the claim through your own insurer. Provide them with the details of the at-fault driver. If your insurer agrees that the other driver was entirely at fault and can successfully identify and recover costs from them (or their insurer), **your excess should be waived or refunded**, and your no-claims bonus/discount is typically protected. Your insurer will usually handle the recovery process behind the scenes. * **If you have Third Party, Fire and Theft Insurance:** Your policy generally only covers damage you cause to *others*. However, if you can prove the other driver was at fault and uninsured/insured, you may need to pursue the at-fault party directly (sometimes via a Letter of Demand or the Disputes Tribunal for claims up to $30,000), though some third-party policies include limited uninsured motorist benefit protection. Check your specific policy wording. ### 4. Personal Injury (ACC) * If anyone sustained injuries in the crash, remember that **ACC (Accident Compensation Corporation)** operates on a no-fault basis in New Zealand. Ensure you or the injured parties lodge an ACC claim through your treating medical provider or via the ACC website. *Was anyone injured in the crash, or do you have comprehensive cover with your insurer?* ## AI Overviews Answer ID: 07060516-5a50-4c7a-8dc2-849838096b19 **First, make sure everyone is safe and the vehicles are out of harm's way.** In New Zealand, if anyone is injured, you are legally required to call emergency services at **111** immediately. If no one is injured but the road is blocked or unsafe, you can call the police on **105**. Once the environment is secure, here is exactly what you need to do to handle the insurance process smoothly and prove the other driver was at fault: 1\. Exchange Critical Details Do not leave the scene without getting the other driver's information. Legally, you must exchange details within 48 hours for property damage, but doing it on the spot is best. Collect: * **Driver’s full name, address, and phone number** (Ask to see their driver’s licence to confirm the details match). * **Vehicle details:** Registration plate number, make, model, and colour. * **Insurance details:** The name of their insurance provider. * **Uninsured status:** If they admit they do not have insurance, make sure to note this down and get a photo of their driver's licence. 2\. Gather Evidence at the Scene Your insurance company will need proof to hold the other party liable. * **Photos:** Take wide shots of the entire accident scene, road road markings, and any visible street signs. Take close-up photos of the damage to both your car and theirs. * **Witnesses:** If bystanders saw the crash, get their names and phone numbers. Their independent statements can be crucial if the other driver changes their story later. * **Notes:** Note the exact time, date, location, and weather conditions. 3\. Avoid Admitting Fault **Do not apologize or say the crash was your fault** , even out of politeness. Under New Zealand insurance policies, admitting liability at the scene can complicate your coverage or make it harder for your provider to recover costs from the at-fault driver. Stick strictly to the facts when talking to the other driver. 4\. File a Police Report If there are no injuries but you want a paper trail for insurance—especially if the other driver is uncooperative or uninsured—lodge a non-emergency report. * File a Traffic Crash Report online via NZ Police 105. * Keep the reference or **Police Acknowledgement Form (PAF)** number to give to your insurer. 5\. Lodge Your Insurance Claim Immediately Contact your insurance company as soon as possible (most major NZ companies like AA Insurance, AMI, or Tower let you do this quickly online). * **If you have Comprehensive Insurance:** Your insurer will manage the process, arrange towing if the car is undrivable, and contact the other driver's insurance company to recoup costs. If you have all the other driver's details and they are proven at fault, your insurer will usually waive your excess. * **If you have Third Party Insurance:** Third-party policies only cover damage you cause to others. If you are not at fault, your insurer may not manage your repair. You may need to lodge a claim directly through the at-fault driver's insurance company or seek legal remedies if they are uninsured. * * * If you want to prepare your claim, feel free to share: * Whether you have **Comprehensive** or **Third-Party** cover. * Whether your car is still **drivable**. * If the other driver was **cooperative and insured**. I can give you more specific steps on how your excess and repairs will be handled based on your situation. ## Google AI Mode Answer ID: c39a814a-1a0b-4880-a1f7-71b8d3ff5541 First and foremost, make sure everyone is safe, out of danger, and that you've called emergency services if anyone is hurt or if the road is blocked. Even if you believe the other driver was completely at fault, handling your insurance claim in _New Zealand_ involves a few standard steps: 1. **Exchange Details:** Collect the other driver's full name, address, phone number, vehicle registration number, and their insurance company details. It is also helpful to take photos of the scene, vehicle positions, and damage, and to get the contact info of any independent witnesses. If the police attended, note down their names and ID numbers. [AA New Zealand] 2. **Do Not Admit Liability:** Avoid arguing about fault at the scene or admitting liability to the other driver. Let your insurance company investigate and determine liability based on the evidence. 3. **Contact Your Insurer:** Get in touch with your car insurance provider as soon as you can (you can typically start a claim online or call their urgent claims line). Give them your policy details, a description of what happened, and the details you gathered from the other driver. 4. **Understand the Excess:** If you have comprehensive insurance, your insurer will usually help get your car assessed and repaired. Depending on your policy terms, you may still initially be asked to pay an excess. However, if your insurer successfully recovers the costs from the at-fault driver (or if you can provide the correct name, correct contact details, and vehicle registration of an identified at-fault uninsured driver), your excess is typically refunded or waived. 5. **ACC for Injuries:** Remember that personal injuries resulting from a motor vehicle crash in New Zealand are covered by **ACC (Accident Compensation Corporation)** rather than private motor vehicle insurance. If anyone is injured, make sure they seek medical attention and register a claim with ACC. If you'd like to share **what level of insurance cover you have (Third Party vs. Comprehensive)** and **who your provider is** , I can give you more specific guidance on what to expect regarding your excess and repairs.