Your Rights as a Not-at-Fault Driver: Choosing Your Own Repairer in Victoria

Understanding Your Legal Right to Choose Your Repairer

Many Victorian drivers don't realise they have genuine legal rights to choose their own smash repairer after an accident, regardless of their insurer's preference.

Under Victorian consumer law and motor insurance regulations, not-at-fault drivers retain the right to select their own panel beater or smash repair specialist rather than accepting the insurer's recommended workshop. This right exists because you are the policyholder and the vehicle owner—not the insurer—and your claim is typically covered by the at-fault party's Compulsory Third Party (CTP) or third-party property damage insurance.

The Insurance Contracts Act and various state-based consumer protections recognise that drivers should not be forced to use substandard or inconvenient repairers simply because an insurer has a financial relationship with them. Your choice of repairer is a legitimate consumer interest, particularly when accident damage affects your vehicle's safety, appearance, or resale value.

Many insurers will tell drivers they must use a preferred repairer, but this is often a convenience or cost-control measure rather than a legal requirement. Understanding the distinction between what insurers prefer and what the law actually permits is the first step to protecting your interests.

What to Say to Your Insurer: Key Phrases and Approaches

When contacting your insurer after an accident, remain polite but firm. You might say: "I'd like to arrange repairs through my own chosen repairer. I understand you've recommended another workshop, but as the not-at-fault party, I have the right to select a repairer of my choice." This statement is factual and sets clear expectations without aggression.

If your insurer resists, ask them to clarify in writing which specific policy clause or legal requirement prevents you from using your chosen repairer. Most insurers cannot produce such a clause because it doesn't exist. You can also explain that you've selected a reputable, fully licensed workshop that will provide a comprehensive repair to manufacturer standards, and that you're happy to provide quotes and credentials.

Document all conversations—note the date, time, staff member's name, and what was discussed. If your insurer continues to deny your choice, request this denial in writing and consider escalating to the Financial Ombudsman Service (FOS), which handles insurance disputes in Australia.

Choosing a Quality Repairer: What to Look For

Once you've confirmed your right to choose, selecting the right workshop is crucial. Look for repairers who are licensed panel beaters with experience in accident restoration, proper insurance qualifications, and transparent pricing. Check online reviews, ask for references, and verify they use quality parts and materials that match your vehicle's original specifications.

A quality repairer will provide a detailed written quote breaking down labour, parts, and materials, and will explain the repair process clearly. They should also offer a warranty on workmanship and be willing to communicate with your insurer's assessor if needed. Many reputable workshops also offer additional services like car detailing after repairs to restore your vehicle's finish completely.

In Melbourne's southeast, experienced local repairers in areas like Mordialloc and Braeside understand the regional accident repair landscape and often have faster turnaround times because they're not managing high volumes of insurer-referred work. This can mean your car is restored more quickly and with more personalised attention.

Navigating the Claim Process with Your Chosen Repairer

Once your repairer is selected, provide your insurer with their contact details, ABN, and relevant qualifications. Your repairer can liaise directly with the insurer's assessor to discuss damage and obtain approval for the repair estimate. Most reputable workshops have experience managing this process and can handle insurer communications professionally.

Keep copies of all quotes, repair authorisations, and communications between your chosen repairer and the insurer. If the insurer's assessor significantly underestimates damage, your repairer can request a follow-up inspection or supplementary assessment. This is normal and protects you from being left with unfinished repairs due to underestimated quotes.

Remember that as the not-at-fault driver, the at-fault party's insurer is typically responsible for covering the full cost of repairs to a standard comparable to your vehicle's condition before the accident. Your choice of quality repairer helps ensure you receive fair compensation and a proper restoration, not a budget-conscious alternative that compromises safety or longevity.

Frequently asked questions

No. As a not-at-fault driver, you have the legal right to choose your own repairer. While insurers often recommend preferred workshops for convenience, they cannot legally force you to use them. You remain in control of who repairs your vehicle.

If they refuse without legal justification, request their refusal in writing and escalate to the Financial Ombudsman Service (FOS). A legitimate repairer with proper licensing and credentials should be acceptable, and FOS can help if your insurer acts unreasonably.

Not significantly. Quality repairers are experienced in working with insurers and can facilitate assessments and approvals smoothly. In fact, choosing a repairer familiar with your area may speed up the process compared to larger preferred networks managing high volumes.

No. The at-fault party's insurer should cover approved repair costs directly or reimburse you after submission of invoices and proof of payment. Your chosen repairer can invoice the insurer directly, just as preferred repairers do.

Protect Your Vehicle's Repair Quality

Choose a trusted local repairer who prioritises proper restoration over insurance shortcuts.

What Our Customers Say

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Theo M
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Well that's one way to turn a negative experience into a positive one. Thanks to Franco and the team at StyleFinish for addressing and rectifying my concerns swiftly.
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Joe f
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Many thanks to Franco & the all the team at Stylefinish, for the care, quality of work & professionalism they exhibited. I was really in a real predicament, but they managed to deliver a great outcome for me. Joe C.
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Bob I profile picture
Bob I
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Following an accident, the rear end of my car was perfectly repaired by Stylefinish. They not only detailed the interior but also resprayed the whole car leaving it in a condition bettered only by its condition when new. Drove away happy to have a new car!
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Fiona K
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Picked up my car after accident and am thrilled with the job( looks brand new) the staff and service. Highly recommend. Thanks Frank and staff you did a stellar job and was delighted so quick . Thankyou fiona
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Nathan F
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Absolute legends my car came back brand new! 10/10 👌
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Antonina P
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I am extremely satisfied — even more than I expected. The work was completed quickly and with high quality for my Nissan X-Trail, and everything went smoothly without any issues. Especially appreciate the extra help and support provided to make things easier for me while I was without my car. It was also such a pleasant bonus to receive my car professionally washed and cleaned — it looked like new again! Highly recommended!
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Lisa b
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Just want to say a massive thank you to Frank and the team at Style Finish. Having a car accident is a very stressful time and i am happy to say that from one phone call everything was taken care of i was given a loan car to drive so i wasnt without a vehicle. I picked my car up today from the new and highly stylish, Style finish and my car was shinning like it was brand new again. All repaires have been done to perfection and i was kept updated throughout via text msssagss which is a really professional touch. Im so happy with my experience and cant thank the team for their profesionalism care and dedication. Thank you for looking after me and my car and making the whole process go smoothly Lisa :)
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Alexie m
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After being rear ended in a crash, stylefinish was appointed by my insurance company and they have done the most beautiful job. Not only have they repaired it perfectly they have polished my whole car inside and out and it looks brand new. The staff were also extremely lovely and helpful. I would highly recommend them.
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