Knowing What to Do After a Car Accident is Vital
Knowing what to do after a car accident in Queensland (including a minor car crash) is vital to protecting the safety of everyone involved. This knowledge can also help protect your legal right to claim damages for negligent driving. A car accident can be financially challenging, especially if it results in physical or mental injuries and time off work.
Recent statistics from the Bureau of Infrastructure and Transport Research Economics show more than 1,000 people sadly pass away on Australian roads every year. Additionally, more than 10,000 people are seriously injured in road accidents every month. With stats like that, it is likely just a matter of time before the unexpected happens and a collision occurs.
Who is at-fault in a car accident?
Eligibility to Make a Claim for a Motor Vehicle Accident
You may be eligible to make an injury claim depending on how the accident occurred. Our motor vehicle accident lawyers offer a free consultation to advise if you can make a claim under Queensland’s CTP scheme.
All our accident compensation legal services are 100% no-win, no-fee with no upfront costs. Pay for a win and zero if you lose. Call 1800 700 125
How to make a CTP insurance claim
7 Steps to Follow After a Car Accident
Understanding your next steps following a traffic crash helps ensure everyone is safe. Not only will you have the evidence required to make a successful car insurance claim, but you will also understand eligibility to claim compensation when the accident is not your fault.
Here are the seven steps to follow after being involved in a crash:
- Stay calm and think clearly.
- Check for accident injuries.
- Move vehicles to a safe location
- Call the police
- Exchange driver information
- Take pictures and videos
- Seek advice about your right to file a claim with the insurance company
1. Stay Calm and Assess the Situation
There is no doubt that being involved in a car accident is stressful, overwhelming, and frightening, particularly if it is your first. Even a minor car accident can trigger a fight-or-flight response and emotional trauma. However your incident occurred, stay calm and think rationally because what you do next will have consequences for recovering your losses.
Avoid Blaming Yourself or Someone Else
It’s easy to blame yourself or others after a traffic crash, but don’t apologise. An apology usually admits guilt. Legal liability depends on fault, affecting the outcome of insurance and compensation claims.
Get Emotional Support
Car accidents can cause psychological injuries. Meet with a qualified road trauma psychologist if you are having trouble coping with your thoughts.
Furthermore, if you decide to lodge a compensation claim, treatment from a psychologist or psychiatrist is evidence to support an accident claim.
2. Check for Accident Injuries
Motor vehicle accidents can result in extensive physical injuries and emotional trauma. Physical injuries can range from minor cuts and bruises to whiplash, fractures, and life-threatening conditions. That’s why you must check yourself and other parties for injuries immediately after a collision.
Assess Yourself for Injuries
If the crash’s impact does not severely injure you, first check yourself for injuries and then other persons involved in the accident. You can have a considerable adrenaline surge following an accident, which can mask your pain. So, it’s best to seek medical attention immediately, regardless of your feelings.
Seek Immediate Medical Attention
If injured people are at the crash site, call for emergency assistance. An ambulance will take you to the hospital for medical treatment. Be aware that your harm may not show for hours or days, as not all injuries are visible, so X-rays and scans may be required.
- It’s important to seek medical attention even if you feel fine after an accident, as some injuries can take hours or days to manifest.
- If you experience any pain, dizziness, headaches, or unusual symptoms in the days following the accident, see your GP or visit an emergency department.
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3. Move Motor Vehicles to a Safe Location
After a motor vehicle accident, there can be numerous hazards to your well-being. Especially when the collision is on a busy road or intersection. Here are the steps to move your vehicle to a safe location:
Check for Hazards and Call a Tow Truck
Before moving, check that there are no hazards present, such as:
- Leaking fluids
- Significant debris
- Damaged electrical wiring
- Metal fragments
- Broken glass
If you see any potential risks, ensure the engine is switched off, then move at least 30 metres away from your car. Call a tow truck if you have major damage. You should keep a copy of tow invoices, as you may be reimbursed by the insurer.
NOTE: You are not obliged to use a towing service that arrives at the scene without being called, and you should sign an authorisation form only after agreeing on the destination.
Move to the Kerb and Turn on the Hazard Lights
For minor car accidents where the cars involved are driveable, move them to the side of the road. If your hazard lights are working, turn them on, set up traffic cones (if you have them), or signal other drivers where possible. Once moved, please remain inside your vehicle (if there is no fire or smoke or it’s not severely damaged) until someone assists.
Document the Accident Scene
After turning on your hazard lights while waiting for police assistance. During this time, you should document the location of the accident by taking photos and videos of vehicle damage, tyre marks, and the surroundings. This includes the following:
- Position of traffic lights and signs
- Licence plate numbers
- Visible accident injuries
- Taking clear photographs of the incident scene, including vehicle positions and visible damage, is vital for a successful insurance claim.
- You should document the time, date, weather conditions, and any road hazards at the scene of the crash to strengthen your claim.
- Writing down your account of the accident while details are still fresh can help when filling out insurer forms later.
- If you have dashcam footage, it is important to save and back up the footage immediately, as it can serve as vital evidence in your claim.
4. Call the Police
You should call the police following a car crash, particularly when the other party is aggressive or someone has a severe injury. There are circumstances in which you are legally required to have police officers attend the crash scene, including:
• A serious crash where someone is harmed or fatally injured
• A driver fails to provide their details
Do I need to report an accident to the police?
Dial the Emergency Services Number
First, call the emergency phone service number, 000 in Australia. Once your call is answered, they will ask for your location and a brief accident description.
For non-urgent incidents, you can call the police assistance line on 131 444.
Cooperate with the Queensland Police Service
Once a police officer arrives at the scene, remain calm and provide all your details and other information. They investigate crashes and will ask for the following information about the drivers involved in the crash:
- Driver’s license number
- Vehicle registration number
- Contact details
- Insurance details
When appropriate, they will also decide if the accident involved traffic offences.
Get a Copy of the Accident Report
After police attend the accident scene, you should receive a copy of the accident report with a police report number, (unless there are exceptional circumstances). This document is critical evidence you will need if you have an eligible claim. This report will show:
- The parties involved in the accident
- The accident date, time and location
- The cause of the collision
- If there were any driving offences
If police do not attend the scene, you can make a report at your nearest police station.
What is the Legal Requirement for Police Attendance at a Car Accident?
In Queensland, reporting an accident to police is mandatory under the following circumstances. This requirement is similar to those in other states of Australia):
- A fatality or injury that requires medical attention from an ambulance office, doctor or nurse.
- The accident has posed a danger to public safety, including traffic jams, broken traffic lights, fuel spills, fires, and damaged power lines.
- Property damage to motor vehicles or other facilities, like traffic lights and public infrastructure, exists.
The police must also be contacted when:
- A driver appears to be intoxicated by alcohol, drugs, or other substances.
- The other party won’t provide their details.
- The driver involved has a disability or impairment.
- Someone has broken road rules
5. Exchange Information with the Other Vehicles Involved
It is mandatory to exchange contact information with the other people involved in a traffic crash. These are the recommended steps when exchanging details.
Get Other Motorists’ Contact Details and Insurance Provider
Get the contact details of other parties, including their name and address, phone and registration numbers, and third-party insurance provider. If someone else drove the vehicle, you’ll need the registered owner’s and driver’s information. If the other driver refuses, you should contact the police, as this is a criminal offence Australia-wide.
Get Witness Details and Statements
Witness statements are valuable for substantiating your version of events. That’s why you should also collect the contact details of any independent witnesses present at the scene of the accident.
Get Their Insurance Information
To repair your car and make a car insurance claim, you will need the other driver’s insurance provider’s details, including the company name and policy number. You will need their driver’s licence number and vehicle registration details if they don’t have insurance.
In some cases, you could be eligible to make a Nominal Defendant injury claim if the other driver is unknown or uninsured.
Exchange Details with Other Drivers
You are legally required to exchange details with other drivers after a vehicle accident so everyone can begin the claims process. This information includes insurer details, registration number, name, phone number, and address.
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6. Take Pictures and Videos of the Damage
Following a traffic accident, take pictures and videos of the vehicles involved. These are the steps you should take to record the damage visually:
Take multiple photos and videos of each vehicle involved in the accident from different angles. Also take pictures of any visible injuries and crash features. Document the following:
- The accident location
- Skid marks
- Location of traffic lights and road signs
- Positions of the accident vehicles
- Take videos of witnesses (with their permission)
Also, use a measuring tool to record the damage and give this information to your insurer.
7. Accident Insurance Claim Process
Here are the steps of the property damage accident claims process after a motor vehicle accident. Note: The following is general advice and may vary depending on your individual circumstances and insurance policy.
Contact Your Car Insurance Company to report your claim. Doing so through their mobile app or website makes the claims process easier.
After your claims adjuster has assessed the damages, you can repair or replace your vehicle if your insurance covers accidental damage. If a repair shop can restore your car, your insurer typically arranges for a tow truck to take your car to a certified panel beater. However, depending on your insurance policy terms, you may get a new car if your vehicle has significant damage or is a write-off.
In some cases, the insurer can recover repair costs from the at-fault driver’s insurance company.
Should I Report a Minor Car Accident?
Yes, you should call the police and your insurance company as soon as possible following a minor car accident. Even if the damage doesn’t look very bad, and no one is hurt. That’s because reporting the crash helps make sure you are following Queensland laws and that your rights are protected.
Under Queensland law, you must lodge a police report if:
- Anyone is injured or killed.
- A driver refuses to provide their details.
- You can’t drive a vehicle because it needs to be towed
- Public property, such as traffic signs or traffic lights, is damaged.
- The accident has caused a traffic hazard or road blockage.
For non-urgent minor accidents where none of these conditions applies, you may not be legally required to contact the police.
- You should still consider reporting the incident through Policelink online or by phone as soon as possible to create an official record.
- Having a police report number can sometimes make the claims process easier.
Contact Your Insurer
Most insurance policies require you to report an accident within 24 hours to avoid complications with your claim. Then provide all the details such as:
- The drivers involved
- Vehicle details
- Driver’s licence details
- Contact details and phone numbers
- Evidence like photos, videos and medical reports
- Your policy documentation
- The date, location and witness statements
Fast insurer contact can help you learn what to do next for a fast recovery. While delaying contact with your insurance provider after a crash can give them grounds to deny your claim, so it’s important to act quickly.
Remember, even in a minor crash, you can suffer injuries such as whiplash and headaches. That’s why you should get medical treatment and keep copies of your medical reports. You will need these for any future claims.
Make a CTP Insurance Claim
All Queensland-registered vehicles have CTP insurance cover. As a result, motorists who are harmed in a road accident may be eligible to seek compensation by making a CTP claim under the Queensland CTP scheme.
- Eligibility to claim common law damages depends on how the accident occurred and who was to blame.
- An experienced lawyer can assess the situation and help you determine liability for damages.
What if I am the At-Fault Driver in a Car Accident?
If you are the at-fault driver in a road accident, what happens next depends on your car insurance policy terms and conditions. Some comprehensive insurance policies will cover most of your damages and the damage to other people’s cars. But you may need to pay an excess. Others pay out little or nothing when you are to blame.
If you only have third-party cover (not comprehensive), you will generally be liable for all accident costs. However, as discussed in the following section, this does not include the cost of common law damages if the not-at-fault driver makes a claim.
Legal Advice for Injury Claims After a Car Crash
You have the right to seek legal advice following a motor vehicle accident, regardless of how the accident happened.
Splatt Lawyers’ compensation legal team can provide a free case assessment that explains your rights for a not-at-fault accident. Furthermore, all our accident compensation lawyers’ legal services are 100% no-win, no-fee. Pay when you win and zero if you lose. Call 1800 700125
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What to do When You Have a Car Accident Australia FAQs
What is the minor car accident procedure in Queensland?
In Queensland, the minor car accident procedure is the same as any other traffic crash that doesn’t involve severe injuries or death.
- Check everyone for injuries.
- Don’t apologise or admit fault.
- Collect personal details from other drivers and witnesses
- Document the crash scene: take photos and videos of damaged property, vehicles, surrounding signs, traffic lights, etc.
- Ask for police assistance (if required)
- Seek legal advice regarding your rights.
Keeping a detailed record of the incident while the details are fresh in your mind can also strengthen your case.
Who should I call after a car accident in Queensland?
First, call the police and your insurance provider. Then, seek legal advice from compensation lawyers regarding your rights.
What should I do if the other driver doesn’t have insurance?
You can make a claim with your insurance company if you have comprehensive coverage. When the at-fault driver is uninsured, a claim is lodged with the nominal defendant. Splatt Lawyers can explain this process.
How long after a car accident can you claim insurance in Australia?
Australian states can have differing deadlines for making car insurance claims. However, the general deadline is typically three years for car accident injuries and six years for property damage.
How long does it take to process a car insurance claim?
The time it takes to get a successful car insurance payout can range from a few days to several weeks. The extent of property damage and the complexity of the claim will determine the time it takes.