Key Points
- All drivers involved in a car crash must stop by law and exchange details.
- Police in Australia only need to attend major car collisions, where there are injuries, or other potentially illegal, compounding factors involved.
- In most cases, drivers involved in minor collisions can work out the next steps by themselves.
- Those involved in transport accidents may be able to lodge claims for damage or injuries through private car insurance, CTP insurance or workers compensation, depending on their circumstances.
In Australia, failing to stop after a motor vehicle collision is an offence.
The first thing to do after a crash is ensure everyone involved is safe and confirm no one requires immediate medical assistance.
“Make sure you’re safe in your car, and that other people are safe. That includes looking for dangers around your and other vehicles,” NSW Police Sergeant Scott Stafford from the Traffic and Highway Patrol Command explains.
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“If you're walking around your car, keep an eye on what's around you because [other vehicles] can pose a greater danger to you than your accident, which may be a minor accident. If it's safe to do so, then move the vehicles off the main roadway to or safe location to exchange details.”
If anyone is injured, you must call triple zero immediately for assistance, and apply first aid if you can. Emergency operators will call the police and other relevant services to attend the site, such as an ambulance or fire services as the incident will be classed as a major collision.
“A major collision is where anyone is trapped, killed, or injured, if any of the drivers appear to be affected by alcohol or drugs, or if any of the parties involved in the collision have failed to stop and or exchange their details,” Sergeant Stafford adds.
Police and local authorities work to clear the Harbour Bridge following a fatal crash earlier in the morning on the Harbour Bridge on August 27, 2020 in Sydney, Australia. Credit: James D. Morgan/Getty Images
However, in most minor car collisions where no one is injured, parties can start resolving the matter between them. Police do not need to attend the scene or initiate a criminal investigation into minor crashes.
If both cars can be driven, you should look for a safe space to park on the side of the road to have a brief conversation and exchange the vehicles’ registration information and driver’s license details.
“You can take a photo of each of the vehicles with the registration plate. Take a photo also of the damage of the car, then take a photo of the other person's license, and then you may ask for a contact number as well. So, all those details for a minor collision provide to your insurance company, and then will work out who was at fault in the accident and will chase up the other party in relation to getting things fixed,” Sergeant Stafford says.
Claiming on private car insurance
If you have private car insurance, you may want to contact your insurer as soon as possible to report the incident.
“When you make an insurance claim, if you aren’t at fault, if you don't have the name and address of the other party, your insurer will make you pay your excess, but often if you've got that information, they won't. Notice if there are any witnesses or CCTV footage that might be useful later if there's an issue on fault,” Jane Foley, Senior Solicitor with Financial Rights recommends.
If you are not at fault, it is critical to obtain the details of the other party to avoid unnecessary repair costs. Credit: Tanasin Srijaroensirikul / EyeEm/Getty Images
'The best thing to do is take your own car to your own mechanic and have it assessed. Once you've received a quote, send that quote and the photos and the assessment to the other driver. The other driver will then likely send it to their insurer and that insurer will contact you directly."
The other party’s insurer will try and get you to take your car to their mechanic. You do not have to do that. You do not have to get multiple quotes. They do not have a right to see or inspect your car.Jane Foley, Financial Rights Senior Solicitor
Ms Foley says to obtain direct payment from the other driver’s insurer, you must send them a letter of demand. However, the insurer may decide to negotiate the amount or have your quote assessed.
“If the amount that you’re seeking is less than $15,000 and the other insurer isn't cooperating, you can lodge a complaint against them with the Australian Financial Complaints Authority. It's a free, online dispute resolution scheme, and they will make a decision and ultimately try and resolve the matter between the parties.
“If the amount is more than $15,000 and the insurer isn't coming to the table, you will need to sue them in the local court. But before you do that, I'd strongly recommend you get private legal advice,” she explains.
Credit: Peter Stark/Getty Images/fStop
When you are at fault
If you are at fault and you are insured, you can claim it on your insurance.
However, if you are at fault and you are not insured, you will likely receive a letter of demand with the other party’s quote for repair. But there is room for negotiation.
“The best thing to do is to take the photos and the quote to your own mechanic and ask for a second opinion. You can negotiate a payment arrangement, if you can't afford to pay it upfront, and you can offer to pay a reduced lump sum. But again, I would recommend you seek legal advice,” she stresses.
The Financial Rights website offers sample letters of demand and the Motor Vehicle Accident Problem Solver, an online tool to help navigate a variety of situations, depending on your jurisdiction and circumstances. Credit: Erik Von Weber/Getty Images
Compulsory Third Party (CTP) Insurance
If you are physically or psychologically injured in a transport accident, you may be able to lodge a claim with your state or territory’s Compulsory Third Party (CTP) Insurance.
Motor vehicle owners pay their CTP Insurance premiums when they register their vehicles. CTP will not pay to repair vehicles, but it covers damage to property, and treatments for people injured in a transport accident if the incident was not work-related.
The Victorian Transport and Accident Commission (TAC) is a no-fault CTP insurer. The TAC supports Victorians injured in transport accidents, regardless of who caused it.
“We pay for things like GP or specialist services, hospital services diagnostic services those sorts of things, but equally things like we have services like physiotherapy, psych (psychiatric therapy), return to work supports, personal care services, like gardening and cleaning, income replacement and then also compensation,” Damien Poel, TAC Head of Complex Recovery & Serious Injury explains.
People injured in a work-related motor accident need to make a workers compensation claim against their employer’s insurer instead
Resources:
- New South Wales
- Victoria
- Northern Territory (TIO)
- Queensland
- South Australia
- Tasmania
- Western Australia
- Financial Rights
