Not at fault on a long weekend: a Sydney guide
If another driver hits you on a long weekend in NSW, you can still get a replacement car the same day, even with insurers and repairers closed. You are not at fault, so the at-fault driver's insurer carries the reasonable cost of a like-for-like vehicle while yours is off the road.
Long weekends concentrate traffic on the M1, the M4 and the Hume, and they thin out the people who would normally answer the phone. This guide walks you through what to do in the first hour, how to report a crash when the police station front counter is shut, and how to keep moving in a car that matches what you were driving.
Key takeaways
- You can get a like-for-like replacement car the same day, including on a public holiday, if the other driver was at fault.
- Police can be notified on 131 444 around the clock, even when station front counters are closed.
- Insurers' claims lines are open but liability decisions usually wait until the next business day.
- You keep the replacement car for as long as your own car is genuinely off the road, plus a short hand-back period.
- If you are not at fault, you do not pay the daily rate, delivery, collection or an administration fee.
Why long weekends are crash-prone
Sydney empties north and south on the Friday of a long weekend. By mid-afternoon the M1 Pacific Motorway is stop-start from Wahroonga to Berowra, the M4 is heavy through Parramatta, and the Hume Highway is busy from Liverpool out past Campbelltown. More cars, more fatigue, more people driving roads they only see a few times a year.
The crashes cluster in predictable places. Rear-enders on the M1 at the Berowra and Mount White exits. Prangs on the Great Western Highway around Lapstone and Blaxland, where the descent catches people out. Car park scrapes at Westfield Bondi Junction, Chatswood Chase and Macquarie Centre on the Saturday, when everyone is hunting for the same space.
Add the holidays themselves. Friday night and Saturday morning are the worst for outbound traffic. Monday afternoon and early evening are the worst for the return, especially on the M1 southbound at Ourimbah and the M4 eastbound at Prospect. Fatigue, unfamiliar roads, a drink at lunch and a long drive home: that is the recipe.
For prestige and performance cars the risk is a little different. Low-profile tyres and stiff suspension dislike the patched, uneven surfaces on the Old Pacific Highway and the Bells Line of Road. A small impact that would dent a family SUV can crack a bumper, a wheel and a headlight on something lower and more expensive to fix.
The point is not to scare you off a long weekend. It is to know that if it happens, the usual support network is thinner than usual, and you will need to be more deliberate about the first few hours.
What to do if it happens on a public holiday
Stop, check that everyone is okay, and call Triple Zero if anyone is injured. Then secure the scene: hazard lights on, triangle out if you have one, and get yourself and your passengers behind the barrier or well off the road. On the M1 or the M4, do not stand between the cars.
Photograph everything before anything moves. Wide shots showing both cars and the road layout, close shots of the damage, the other driver's number plate, their licence, their rego papers and their insurer if they have it. Get the other driver's name, address, phone number and insurer. If they refuse, note it and photograph what you can.
Find witnesses. On a long weekend there are usually plenty, but they leave quickly. Ask for a name and number, or at least get them to repeat their account while you record it. A neutral witness is worth more than any argument at the roadside.
Do not admit fault, and do not accept a cash settlement on the spot. Even a polite "sorry, my fault" can be used against you later. If the other driver offers cash to make it go away, decline politely and exchange details instead.
Then call us. A not-at-fault replacement can usually be organised the same day, including public holidays, because the at-fault driver's insurer owes you the reasonable cost of staying mobile. You will need the other driver's details, your own licence, and photos of the damage. From there we handle the rest.
If you are unsure whether you are at fault, read what not at fault means in NSW before you say anything to anyone.
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.
Reporting to police and insurers when offices are closed
In NSW you must report a crash to police if anyone was injured, if the other driver failed to stop and exchange details, if you suspect they were under the influence, or if a vehicle was towed away. You can do this at any police station, and the Police Assistance Line on 131 444 operates around the clock.
For a minor bingle with no injuries and full details exchanged, you are not legally required to attend a station, but it is still worth lodging a report if there is any dispute about what happened. A police event number makes insurers move faster and removes the he-said-she-said problem.
Insurers' claims lines are usually open 24 hours, even on public holidays, but the people who assess liability and authorise a hire car are not. That is the gap that catches people out. You can lodge the claim on the Monday, but the decision may not come until Tuesday or Wednesday.
This is exactly why credit hire exists. Instead of waiting for the at-fault insurer to open, you can be placed in a like-for-like replacement immediately, and the cost is recovered from the at-fault insurer later. It is lawful, it is well established in NSW, and it is how most prestige drivers stay mobile after a long weekend crash.
Read how credit hire works for the mechanics, and dealing with insurers for what to say and what not to say on the first call.
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 claimGetting a replacement car the same day
Same-day replacement is normal, not exceptional. Once we have the other driver's details and photos of your car, we can usually have a matching vehicle with you within hours, including on a public holiday. Delivery is available across Sydney, from the Northern Beaches to the Shire, and from the Hills to the Eastern Suburbs.
Like-for-like means what it says. If you were driving a large luxury SUV, you get a large luxury SUV. If you were in a performance sedan, you get something comparable, not a compact hatchback that technically moves you from A to B.
Three examples that suit different situations:
Range Rover Sport D300 SE Dynamic 2024
The current Range Rover Sport in D300 SE Dynamic trim pairs a smooth mild-hybrid six-cylinder diesel with air suspension and a beautifully minimal cabin. It is refined enough for...
A Range Rover Sport D300 SE Dynamic is the natural match for a large luxury SUV that has been taken off the road. Five seats, all-wheel drive, diesel, and a driving position that makes the M4 at 7am bearable.
Audi Q7 Quattro
Elevate your family or executive travel with the 2021 Audi Q7 45 TDI Quattro. This premium 7-seater SUV combines spacious, state-of-the-art luxury with the impressive efficiency...
An Audi Q7 Quattro suits families who need seven seats and all-wheel drive. It is available from Mascot, which is handy if your car is being repaired anywhere in the inner south or the airport corridor.
Ford Ranger Wildtrak 4x4 2022
The Ford Ranger Wildtrak is the best-selling ute in its most comfortable form: a turbo diesel with 4x4, a big touchscreen and a cabin that feels like an SUV. Load the tray for the...
A Ford Ranger Wildtrak 4x4 is the right answer if you were driving a ute. Trades, farm runs and towing do not pause because someone ran into you at the Lights on the Hume at Liverpool.
Bookings are fulfilled by Drive Tribe (drivetribe.com.au), and this site is part of that group. You can see availability and book an accident replacement car in Sydney directly.
What happens with repairs on a long weekend
Most smash repairers close for the public holiday and many close the Saturday as well. Even the ones that open are usually running a skeleton crew, which means your car sits in the yard until Tuesday regardless of how minor the damage is.
Parts are the bigger problem. Prestige and performance cars often need panels, sensors, cameras and calibration equipment that come from interstate or overseas. A long weekend adds a day or two to the freight, and a public holiday on top adds another. A repair that would take a week in March can take two in a long weekend period.
You are entitled to choose your own repairer. The at-fault insurer may suggest one of theirs, and you can decline. For a prestige car, use a shop that knows the brand, has the diagnostic gear, and can recalibrate driver assistance systems after a windscreen or bumper replacement. Getting that wrong is a safety issue, not a cosmetic one.
Ask for a written scope of work and an estimated completion date before you authorise anything. If the shop finds hidden damage once the bumper is off, the insurer needs to approve a variation, and that conversation is easier if you have it in writing.
If the damage is severe enough that the car may be written off, read repairs and write-offs before you agree to anything. The rules on economic write-offs and statutory write-offs are strict, and the hire car entitlement continues while liability is being sorted out.
How long you can keep the replacement car
You can keep the replacement car for as long as your own car is genuinely off the road because of the not-at-fault crash, plus a short, reasonable period after the repair is done to hand it back. That is the general principle. In practice, the question is what counts as reasonable.
If the repair takes three weeks because the shop is waiting on a headlight from Germany, you keep the car for three weeks. If the insurer drags its feet on approval, you keep the car while it drags. If your car is declared a total loss, you keep the replacement until the claim is settled and you have had a realistic chance to replace the vehicle.
What you cannot do is keep it indefinitely after your car is repaired and sitting in your driveway. Once the repair is complete, the clock on the reasonable hand-back period starts, and it is usually measured in days, not weeks.
Keep a simple log. Date the car went in, date the shop confirmed the scope, date the parts arrived, date the repair finished. If there is ever a dispute about how long you had the hire car, that log is your evidence.
There is more detail in how long prestige car repairs take in Sydney and in the Drive Tribe guide to how long you can keep a not-at-fault replacement car in NSW.
What you never pay
If you are not at fault, you do not pay for the replacement car. Not the daily rate, not the delivery, not the collection, not an administration fee. The at-fault driver's insurer carries the reasonable cost of your loss of use, and that is the whole point of the entitlement.
You also do not pay your own excess. Your insurer may ask you to pay it up front and refund it later, but if the other driver is clearly at fault, that should not be necessary. If your insurer insists, ask them to confirm in writing that the excess will be refunded once liability is settled.
The one thing to watch is the bond. If a bond applies, it equals the excess you have chosen, and it is refunded when the car comes back in the same condition. Paying by card carries a small surcharge; bank transfer and cash on the rental do not.
Be sceptical of anyone who asks you to pay a deposit for a not-at-fault hire car, or who offers to "manage" your claim for a cut. That is not how it works in NSW. Read what you never pay when you are not at fault for the full list, and credit hire versus paying yourself if you are weighing up whether to just pay and chase reimbursement.
The legal foundation is the High Court decision in Arsalan v Rixon, explained in Arsalan v Rixon explained. It confirms that loss of use is a real loss, and that a reasonable replacement car is a legitimate way to measure it.
Timelines to expect
Every claim is different, but the pattern after a long weekend crash is fairly consistent. Here is what usually happens, and when.
| Stage | Typical timing |
|---|---|
| Replacement car delivered | Same day, often within hours |
| Claim lodged with at-fault insurer | Next business day |
| Liability accepted | Two to ten business days |
| Repairer assesses damage | First or second business day after the holiday |
| Parts ordered | Once scope is approved |
| Repair completed | One to four weeks for prestige cars, longer if parts are overseas |
| Replacement car returned | Within a few days of repair completion |
The variable that moves most is liability. If the other driver admits fault at the scene and their insurer accepts it quickly, everything runs smoothly. If they dispute it, the hire car continues while the dispute is resolved, because your entitlement does not depend on the other insurer's willingness to pick up the phone.
If the dispute drags, read insurer disputes over a hire car claim. If you are a fleet manager with several vehicles affected by the same event, business and fleet covers the process, and partners and referrals is where repairers, solicitors and brokers can start a conversation.
One last thing. If it happens on a long weekend, do not wait until Tuesday to call. The earlier we have the details, the earlier you are back in something that matches your car. Start with not-at-fault accident replacement or browse the full range of accident replacement vehicles.
Questions people ask
Can I get a replacement car on a public holiday?
What if the crash happens on a long weekend?
How long can I keep the replacement car?
Do I have to use the repairer the insurer suggests?
What if the other driver denies fault?
Does my own insurer need to be involved?
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.
Start my claim