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.  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 if I have an accident

Stop

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

Help

If your car has been involved in an accident, you have to give any help that you’re able to. There are very hefty penalties if you don’t stop and give assistance, including going to jail and very serious fines.

Report it to the police

As soon as possible after an accident, you have to report a crash to the police by going to the station if:

• someone is injured or killed; or
• someone doesn’t hand over their details; or
• a car has to be towed away

If no one was injured or killed, cars didn’t need to be towed away, and everyone handed over their details, you can report a crash online at the Tasmania Police Traffic Crash Reporting System at https://www.reportacrash.police.tas.gov.au/TCR/crashReport/welcome

Report it to the Motor Accidents Insurance Board

You also have to report all accidents to the Motor Accidents Insurance Board as soon as possible. You can do this by filling in a Notice of Accident form from this website: http://www.maib.tas.gov.au/resources/forms/

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 or whose property id damaged.  You have to do this as soon as possible. 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.  

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?

You may be able to get compensation if you’ve been injured in a car accident.    However there are strict time limits and steps you have to follow. We explain these below.

Step 1: Report the accident to police

You need to report all accidents to the police as soon as possible. You can do this by going to the local police station closest to where the accident happened.

Step 2: Report the accident to your own insurer

You should also report the accident to your car insurer as this might be a condition of your insurance policy.

Step 3: Complete the Notice of Accident and Application for Scheduled Benefits Form

You can find both these forms here: http://www.maib.tas.gov.au/benefits-and-claims/how-to-make-a-claim/

You have to complete the Notice of Accident Form as soon as possible. If you don’t have a reasonable excuse for not completing the accident form on time, you will not be able to get compensation.

Then you need to fill in the form for compensation, called the Application for Scheduled Benefits Form. You have 12 months to apply for compensation by filling in the Application for Scheduled Benefits Form.

You can find both these forms here: http://www.maib.tas.gov.au/benefits-and-claims/how-to-make-a-claim/

If you think you might have a right to make a claim for personal injuries compensation, you should get legal advice. You can do this by calling Tasmania Legal Aid on 1300 366 611.

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