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 may seem.

Assist

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

Report it to police

You have to report accidents to the police as soon as possible if:

• anyone was injured or killed
• anyone’s property was damaged, the damage was worth more than $3000 and the person who owns the property wasn’t there at the accident.    

You can report a crash online at https://www.crashreport.com.au. If you don’t report accidents to police, you can face serious fines.

Report it to the Insurance Commission of Western Australia

If someone has been injured or has died in a crash, you have to also notify the Insurance Commission of Western Australia. You can do this online at: http://www.crashreport.com.au.

Swap details

If you’re in an accident, the law says you have to give your name and address and the name and address of the car owner to anyone else involved in the accident. 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.

Can I get compensation if I’ve been injured in a car accident?

If you have been injured in a car accident, you may be able to get compensation as long as the accident wasn’t entirely your fault. If the accident was partially your fault, you can still get compensation, but it will be for a smaller amount. There are strict time limits and specific steps you have to follow if you want to apply for compensation:

Step 1: Report the accident to the Insurance Commission of WA

You can do this online at: http://www.crashreport.com.au as soon as possible.

Step 2: Fill in a Notice of Intention to Claim Form

You can get a copy of this form from the Insurance Commission by calling them on (08) 9264 3333

You will also have to fill in a “Medical Authority” form so that the Commission look at your medical records to see what injuries you suffered from the accident.

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

How long do I have to make a claim?

If you’re over 18, you have 3 years from the date of the when you first knew you were injured to make a claim.  

If you’re under 15, you have six years to make a claim.

If you’re between 15 and 18, you have to make a claim before your 21st birthday.  

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