If you are involved in a motor vehicle accident, your first legal obligation is to stop at the scene. This is necessary from both a compulsory third party insurance, and comprehensive car insurance perspective. You need to obtain details of the other driver and vehicle involved. This includes the name and address of the other driver; cite their drivers licence; car registration; vehicle make and model; and car insurance details.
If the accident is minor, no one has been injured and the vehicle damage is estimated at less than $3,000, there is no legal obligation to report the accident to police. It is however recommended that you do so, because in many circumstances injuries do not become apparent until some time after the accident. It may also be difficult to determine the extent of any property damage. Insurers will also ask for the police report number to determine a property or personal injury claim.
If the accident has resulted in an injury or death, then the CTP insurer should be advised of the claim. The Compulsory Third Party regulator will also need to be contacted to determine which insurance company will manage the claim.
You are required to formally lodge any claim for personal injury within the specified period of 6 months following the accident. An experienced Scammell & Co. personal injury lawyer can assess your case to determine potential entitlements.
Tina Bouras
Senior Solicitor
Wills & Estates | Personal Injury | Motor Vehicle Accident Claims
tbouras@scammell.com.au
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
