Accidents

This page explains what to do if you’ve had a car accident or you have been injured in a car accident.  If you’re looking for information about insurance or damage to your car or someone else’s please check out our page on property damage.

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What should I do if I have an accident?

Stop

When you have an accident, you have to stop, no matter how minor it is. An accident is when two cars hit each other, or a car hits a person, someone’s animal or damages any property (even if the thing you’ve damaged is not a car, for example a wall).  There are very hefty penalties if you don’t stop.

Assist

If you think someone has been injured or killed in an accident, you have to stop and give assistance that you’re able to. There are very hefty penalties if you don’t stop and give assistance, including going to jail.

Report it to police

You have to report accidents to the police if anyone’s property id damaged, if someone is injured (or killed), if someone doesn’t hand over their details, or a car has been towed.  You have to do this as soon as possible, but no later than 24 hours after it happened.  

Swap details

If you’re in an accident, the law says you have to give your name, address, registration and other details about the car to the other driver or anyone who is injured.  There are very hefty penalties if you don’t give information.

Remember that you also have a right to get this information from other drivers involved in the accident.

Record the accident

If possible, try and take the names and addresses of anyone who saw the crash happen. Write down anything that you remember people involved in the accident said. You can also take a picture on your phone of any damage caused, as well as the surrounding area.  

I’ve been injured in a car accident – can I get compensation?

If you have been injured in a car accident, you may be able to get compensation.

Step 1: Report the accident to the police

You must report an accident to the police within 24 hours of the crash if you want to be able to claim compensation.

Step 2: Complete an Application for Benefits form

Fill in the “Application for Benefits Form” available at: http://www.tiofi.com.au/wps/wcm/connect/tio/website/mac/claim/ and submit it to the Territory Insurance Office.

You have 6 months to submit this form from the date of the accident or when you find out you’re injured.

If you’re under 18 when you were injured, you have 3 years from when you turn 18 to make a claim, but it’s best to do so as soon as possible after the accident.

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The law is different in each state and territory. Please select your state or territory to view legal information that applies to you.