What do to in case of a car accident in Australia?
Nov 23rd 2009 | 10:11 pm
#31
Lost in BE Cyberspace
Joined: May 2004
Posts: 7,642
From: Birkdale QLD
Re: What do to in case of a car accident in Australia?
Then punch the other guy. Seems to be the way it works here.
JTL
Nov 23rd 2009 | 10:33 pm
#32
Dismembered Bat
Joined: Jul 2004
Posts: 851
Re: What do to in case of a car accident in Australia?
There is no 'cut and dried' answer to this question, I'm afraid. However, you have received some good and some well-intentioned replies here.
Firstly, always try to remember that 'law' and 'justice' are two very different things.
We all have a different sense of 'ethics', 'rightness' and 'morality' to each other. Legislation and case law (the two main components of 'law') try to cover generalities rather than individual circumstances. It is worth keeping this in mind at all times.Secondly, most traffic 'accidents' are governed by state law, so you should look up the legislation and case law for your particular state. If you travel interstate, then you will need some knowledge of other states' and territories' laws as well.
Thirdly, what your insurance policy, if any, says may not be in accordance with 'the law'. That's not to say that it is 'illegal' but they may, as previously pointed out, request further information which you are not obliged to provide by 'law'.
I believe (but will stand corrected) that, in most of life's 'incidents' (in Australia) where authorities (loosely termed) are involved, one usually is only obliged by 'law' to give a name and address; nothing else!
Unfortunately, OP, your question is not as 'simple' as it appears on face value to many people. There are so many variables which can make a difference to any outcome. For example, at one stage (not sure if still current), a court ruled that the simple (humane) act of saying "sorry" after a traffic accident was deemed to be an admission of guilt. There are far too many things to take into consideration for anyone to accurately give you 'general' advice: the circumstances pertaining to the incident, the weather, the drivers' state of mind, etc., all have an impact on a the decision of a court of law, if it gets to the litigation stage.
Certainly, it is probably wise to report a traffic accident to the Police. There have been many, many cases where people don't realise that they are injured until after the incident. In most states, one is legally duty bound to report an 'accident' if someone is injured (or killed). What happens when you don't think you've been injured but later realise that you have been? Hence the advice to report it anyway.
You also have certain legal duties under various pieces of legislation to report traffic incidents (e.g. an animal or state property is involved).
It is also worthwhile noting, as previously pointed out, that an incident in a public place (e.g. a road) may be dealt with differently to one on private property (e.g. a supermarket car park).
There are three main components to the consequences of an 'accident': property damage (your car is smashed up); personal damage (someone is hurt or killed); and criminal damage (someone has broken the 'law'). At the time, this is usually all too much to think about.
Most states and territories also put a monetary value on property damage, after which a person should report an accident. The main trouble with this is that the average person wouldn't have a clue what the value of their damage is. (Don't forget that this covers damage to ANY property, including telegraph poles, traffic lights, fences, kerbs and pavements, etc.)
So, to cover myself, I would:
(a) call the Police (obviously ambulance also, if required);
(b) not give more than my name and address when asked and not offer any apologies (you could say something like "I feel for you" rather than "sorry");
(c) ask for as much detail as the other people (including witnesses) are willing to freely give (e.g. if someone offers you their driver's licence, copy down all details) and making a note of it (always keep a pen and notebook/paper in your car);
(d) photograph as much as possible (the tip of carrying a camera in your car is a very valuable one, but not necessarily conclusive in a court of law);
(e) look around for possible witnesses and make a note of their vehicle registration number, name/s, address/es, etc., wherever available; and
(f) ask for a 'breathaliser' to be administered to anyone who you think may be affected by alcohol (or drugs) ... I learnt this lesson the hard way!
After the accident, and assuming that you are physically capable, under most insurance policies you have an obligation to notify your insurance company of the 'accident' as soon as possible. Do this in writing.
From there onwards, it depends far too much on individual circumstances to comment.
I will note though, that one comment above suggested that you need to report an 'accident' if a vehicle needs towing. This is something of which I have not heard, however that is not to say that that is the case in any particular state or territory.
Please note that none of this is intended to be legal advice. I only offer an opinion from my knowledge and experience.
Apologies for the long reply, but it is not a simple matter.
Take care.
Nov 24th 2009 | 1:08 am
#34
Account Closed
Joined: Dec 2005
Posts: 2,424
Re: What do to in case of a car accident in Australia?
good point dorothy i`d just add the words
very very carefully
our car was shunted whilst parked ( we were stood next to it fishing at the time )
got the ladies name, address, date of birth, licence and insurance details
so youd think i`d coverd it
nope
when i spoke to suncorp they said i would have to pay $400 excess
wtf? why??
you havent provided the other vechile owners telephone number
paragraph abc clause dar de dar in your insurance handbook
had a quick look and yep there is was in case of an accident failure to get the other drivers telephone number $400 excess charge
as i had her address i shot around to the ladies house and got her number called suncorp back and they squished the 400 buck excess
so read the small print
regards steve
very very carefully
our car was shunted whilst parked ( we were stood next to it fishing at the time )
got the ladies name, address, date of birth, licence and insurance details
so youd think i`d coverd it
nope
when i spoke to suncorp they said i would have to pay $400 excess
wtf? why??
you havent provided the other vechile owners telephone number
paragraph abc clause dar de dar in your insurance handbook
had a quick look and yep there is was in case of an accident failure to get the other drivers telephone number $400 excess charge
as i had her address i shot around to the ladies house and got her number called suncorp back and they squished the 400 buck excess
so read the small print
regards steve
Nov 24th 2009 | 5:00 pm
#35
Thread Starter
BE Enthusiast
Joined: May 2009
Posts: 332
Re: What do to in case of a car accident in Australia?
There is no 'cut and dried' answer to this question, I'm afraid. However, you have received some good and some well-intentioned replies here.
Firstly, always try to remember that 'law' and 'justice' are two very different things.
We all have a different sense of 'ethics', 'rightness' and 'morality' to each other. Legislation and case law (the two main components of 'law') try to cover generalities rather than individual circumstances. It is worth keeping this in mind at all times.Secondly, most traffic 'accidents' are governed by state law, so you should look up the legislation and case law for your particular state. If you travel interstate, then you will need some knowledge of other states' and territories' laws as well.
Thirdly, what your insurance policy, if any, says may not be in accordance with 'the law'. That's not to say that it is 'illegal' but they may, as previously pointed out, request further information which you are not obliged to provide by 'law'.
I believe (but will stand corrected) that, in most of life's 'incidents' (in Australia) where authorities (loosely termed) are involved, one usually is only obliged by 'law' to give a name and address; nothing else!
Unfortunately, OP, your question is not as 'simple' as it appears on face value to many people. There are so many variables which can make a difference to any outcome. For example, at one stage (not sure if still current), a court ruled that the simple (humane) act of saying "sorry" after a traffic accident was deemed to be an admission of guilt. There are far too many things to take into consideration for anyone to accurately give you 'general' advice: the circumstances pertaining to the incident, the weather, the drivers' state of mind, etc., all have an impact on a the decision of a court of law, if it gets to the litigation stage.
Certainly, it is probably wise to report a traffic accident to the Police. There have been many, many cases where people don't realise that they are injured until after the incident. In most states, one is legally duty bound to report an 'accident' if someone is injured (or killed). What happens when you don't think you've been injured but later realise that you have been? Hence the advice to report it anyway.
You also have certain legal duties under various pieces of legislation to report traffic incidents (e.g. an animal or state property is involved).
It is also worthwhile noting, as previously pointed out, that an incident in a public place (e.g. a road) may be dealt with differently to one on private property (e.g. a supermarket car park).
There are three main components to the consequences of an 'accident': property damage (your car is smashed up); personal damage (someone is hurt or killed); and criminal damage (someone has broken the 'law'). At the time, this is usually all too much to think about.
Most states and territories also put a monetary value on property damage, after which a person should report an accident. The main trouble with this is that the average person wouldn't have a clue what the value of their damage is. (Don't forget that this covers damage to ANY property, including telegraph poles, traffic lights, fences, kerbs and pavements, etc.)
So, to cover myself, I would:
(a) call the Police (obviously ambulance also, if required);
(b) not give more than my name and address when asked and not offer any apologies (you could say something like "I feel for you" rather than "sorry");
(c) ask for as much detail as the other people (including witnesses) are willing to freely give (e.g. if someone offers you their driver's licence, copy down all details) and making a note of it (always keep a pen and notebook/paper in your car);
(d) photograph as much as possible (the tip of carrying a camera in your car is a very valuable one, but not necessarily conclusive in a court of law);
(e) look around for possible witnesses and make a note of their vehicle registration number, name/s, address/es, etc., wherever available; and
(f) ask for a 'breathaliser' to be administered to anyone who you think may be affected by alcohol (or drugs) ... I learnt this lesson the hard way!
After the accident, and assuming that you are physically capable, under most insurance policies you have an obligation to notify your insurance company of the 'accident' as soon as possible. Do this in writing.
From there onwards, it depends far too much on individual circumstances to comment.
I will note though, that one comment above suggested that you need to report an 'accident' if a vehicle needs towing. This is something of which I have not heard, however that is not to say that that is the case in any particular state or territory.
Please note that none of this is intended to be legal advice. I only offer an opinion from my knowledge and experience.
Apologies for the long reply, but it is not a simple matter.
Take care.
OMG! Thank you so much for your comprehesive detailed answer.
Nov 24th 2009 | 5:08 pm
#36
Thread Starter
BE Enthusiast
Joined: May 2009
Posts: 332
Re: What do to in case of a car accident in Australia?
But I didn't get why I must not say " It was my fault" even though insurance company will pay for both my car damage and the other party car damage?
Am I missing something?
Thank you a ton!
Am I missing something?
Thank you a ton!
Nov 24th 2009 | 6:12 pm
#37
Crazy Cat Lady
Joined: Apr 2004
Posts: 65,493
Re: What do to in case of a car accident in Australia?
When I decided to try and drive under a flat bed ute and write my car off whilst he was stationary it seemed fairly bloody obvious whose fault it was, didn't need to say anything other than sorry for nearly causing him to have heart failure when he saw the state of my windscreen caved in about two inches from my face. 
How stupid would I have looked if I'd said it was nothing to do with me? 
How stupid would I have looked if I'd said it was nothing to do with me?
Nov 25th 2009 | 2:04 am
#38
Dismembered Bat
Joined: Jul 2004
Posts: 851
Re: What do to in case of a car accident in Australia?
Sorry, didn't cover that point.
The advice previously given by steve'o regarding reading the small print of your insurance policy is very sound advice: do read the small print.
ALL insurance policies (car, house, contents, life, etc.) vary quite considerably from company to company. In most cases, the insurance company will do anything they can to wriggle out of paying (certain companies are worse than others for this - you get to know them after a while.
Do a search of key words, e.g. the company name, 'insurance', 'pay', 'refused', etc., BEFORE you buy an insurance policy.)Under some policies, if you admit fault/blame, you may be in contravention of quite a few insurance companies' policies and they may refuse to cover you for that incident.
By the way, I also meant to say in my last post that, under various laws, you are obliged to stop at the scene of an accident in which you are involved and (a) give any parties involved your name and address (nothing else; it's up to them to note down your registration number, etc.) and (b) to render assistance to anyone who is injured, even if it just means calling an ambulance.
Nov 25th 2009 | 2:14 am
#39
Dismembered Bat
Joined: Jul 2004
Posts: 851
Re: What do to in case of a car accident in Australia?
good point dorothy i`d just add the words
very very carefully
our car was shunted whilst parked ( we were stood next to it fishing at the time )
got the ladies name, address, date of birth, licence and insurance details
so youd think i`d coverd it
nope
when i spoke to suncorp they said i would have to pay $400 excess
wtf? why??
you havent provided the other vechile owners telephone number
paragraph abc clause dar de dar in your insurance handbook
had a quick look and yep there is was in case of an accident failure to get the other drivers telephone number $400 excess charge
so read the small print
regards steve
very very carefully
our car was shunted whilst parked ( we were stood next to it fishing at the time )
got the ladies name, address, date of birth, licence and insurance details
so youd think i`d coverd it
nope
when i spoke to suncorp they said i would have to pay $400 excess
wtf? why??
you havent provided the other vechile owners telephone number
paragraph abc clause dar de dar in your insurance handbook
had a quick look and yep there is was in case of an accident failure to get the other drivers telephone number $400 excess charge
so read the small print
regards steve
But you could sue the other party for that $400, or part thereof.
I would also be questioning the legality of the insurance policy in view of the fact that the other party has no legal obligation to give their telephone number!
In fact, it sounds like a load of bunkum to me. I'd suggest that the person you dealt with at Suncorp didn't have a clue what they were on about or were misinformed/making it up as they went along. You do, however, usually have an excess to pay under any insurance policy, which should be refundable in the event that your insurance company recoups the total cost of damages.Never trust what you hear from any bureaucratic process (especially insurance companies and banks: check out the facts for yourself because there are far too many ignoramusses and/or drongos working in these types of places.
Nov 25th 2009 | 8:18 am
#40
Worongary
Joined: Sep 2005
Posts: 10,288
From: GC hinterland
Re: What do to in case of a car accident in Australia?
But you could sue the other party for that $400, or part thereof.
I would also be questioning the legality of the insurance policy in view of the fact that the other party has no legal obligation to give their telephone number!
In fact, it sounds like a load of bunkum to me. I'd suggest that the person you dealt with at Suncorp didn't have a clue what they were on about or were misinformed/making it up as they went along. You do, however, usually have an excess to pay under any insurance policy, which should be refundable in the event that your insurance company recoups the total cost of damages.Never trust what you hear from any bureaucratic process (especially insurance companies and banks: check out the facts for yourself because there are far too many ignoramusses and/or drongos working in these types of places.
they pointed out a clause in there policy,
which i then read in my own copy in black n white
$400 excess for failure to get other parties telephone number
regards steve
Nov 25th 2009 | 3:54 pm
#42
Dismembered Bat
Joined: Jul 2004
Posts: 851
Re: What do to in case of a car accident in Australia?
Good point, but no, Steve, I don't believe I did misread your post.
I realise that you saw, with your own eyes, a clause in your insurance policy about the "$400 excess for failure to get other parties telephone number" and I wasn't questioning your integrity/honesty. 
What I said was that "I would also be questioning the legality of the insurance policy in view of the fact that the other party has no legal obligation to give their telephone number!"
If taken to court, I think that a magistrate/judge would rule it impossible to enforce such a clause, as no-one has a legal obligation/duty to give their phone number to another person under these circumstances. Therefore, the clause (depending on the exact wording) is most likely unenforceable and, technically, 'illegal'. The best bet, to try to avoid costly litigation in these circumstances (other than what you did, but assuming that the other party refused), would be to point out to the insurance company that the other party is not legally obliged to give their phone number to you (and had refused, if that is the case) and that that particular clause would almost certainly be chucked out in a court of law!
Certainly, this is not an ideal scenario, and most of us would do whatever we can to avoid any form of litigation, but I'm just giving an opinion on the actual legalities of it. It is not legal advice. For that, one would have to take the relevant documents to a solicitor, as they all vary significantly.
The thing is, if push comes to shove, you don't necessarily have to take anyone's word for anything, or sit back and take what they dish out. Insurance companies (and banks, etc.) are often found to be including clauses in documents which may be chucked out in court.
That is the chance they take, knowing that most people will not question it. It is always worth investigating if one feels 'wronged', and I'm not referring specifically or personally to you, Steve, merely these types of circumstances.
Nov 26th 2009 | 10:20 pm
#43
Forum Regular
Joined: Jun 2008
Posts: 35
Re: What do to in case of a car accident in Australia?
i agree you post a straight forward question and get moorons posting answers
Nov 27th 2009 | 8:25 pm
#44
Thread Starter
BE Enthusiast
Joined: May 2009
Posts: 332
Re: What do to in case of a car accident in Australia?
What could be the nature of this document? A piece of paper signed by both drivers showing who was guilty in car accident?
Nov 27th 2009 | 11:44 pm
#45
Account Closed
Joined: Dec 2005
Posts: 2,424
Re: What do to in case of a car accident in Australia?
When I decided to try and drive under a flat bed ute and write my car off whilst he was stationary it seemed fairly bloody obvious whose fault it was, didn't need to say anything other than sorry for nearly causing him to have heart failure when he saw the state of my windscreen caved in about two inches from my face. How stupid would I have looked if I'd said it was nothing to do with me?
How stupid would I have looked if I'd said it was nothing to do with me? 
