Car accidents and crashes

For free and confidential legal advice about this topic, please contact us here.

This page explains what to do if you’ve had a car accident or you have been injured in a car accident in Queensland.  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.

What should I do at the scene of an accident?

Stop

You must stop immediately after you have had an accident, no matter how minor it may seem. 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).

Assist

If your car has been involved in an accident and you think someone has been injured or killed, you have to stop and give any assistance that you’re able to.  This includes calling 000 if you have a phone.  There are very hefty penalties if you don’t stop and give assistance, including going to jail and losing your licence for a period of time.

Do I need to report accidents to the police?

Yes. You need to report a crash to the police if anyone is injured or killed, if someone doesn’t give over their details (including you), or if a car is towed away.  You have to report accidents to the police as soon as possible, but if there are exceptional circumstances (like you are so injured that you can’t call the police right away), you have up to 24 hours to report the crash.   You can report accidents online at https://forms.police.qld.gov.au/launch/TrafficCrash.

Do I need to call the police to attend the accident?

The police do not always have to be called to the scene of an accident. They should be called if someone has been killed or injured, if police are needed for traffic control, if someone hasn’t handed over their details or if you suspect the other driver has alcohol or is high on drugs.    .

Swap details with the other driver

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.  You have to do this as soon as possible, but no later than 24 hours after the crash.   There are very hefty penalties if you don’t give over these details, and the police will probably be called.

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. Taking some photos or drawing a picture of the accident will help the people investigating the crash.

If you have been in an accident and want some advice, please contact us here.

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 some compensation for your injuries, even if it was partially your fault.  

Step 1: Report the accident to the police

You must report an accident to the police if you want to make a claim for compensation. You should also report the accident to your insurer as this might be a condition of your insurance policy.   If you haven’t reported the crash, please fill in a Report of Traffic Incident to Police form and take it to the nearest police station to where the accident happened.  You can find this form here: http://www.maic.qld.gov.au/ctp-claims/making-a-ctp-claim/how-to-make-a-claim.shtml

Step 2: Find out who the Insurer is

If you do not know the insurer of the car which caused the accident, call the Motor Accident Insurance Commission CTP Helpline on 1300 302 568.  They can give you the name of the insurer. You will need to have the registration details of the other car and the police report number.

Step 3: Fill in a notice of accident form

You will need to fill in this form, get your doctor to fill in a medical certificate, and send the form to the other driver’s insurer.   You can find a copy of the Notice of Accident claim form on this website: http://www.maic.qld.gov.au/ctp-claims/making-a-ctp-claim/how-to-make-a-claim.shtml

You have to do this within 9 months of the accident or when you first noticed you were injured, or within 1 month after you talk to a lawyer about it.  

If you aren’t able to identify the other driver (because they fled the scene), you only have 3 months after the accident to lodge the form for compensation.

If you are under 18 when you have the accident, you have 9 months from when you turn 18 to make a claim for personal injury compensation.  

If you have been in an accident and want some advice, please contact us here.