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Driving & accidents
A car or motorbike accident can involve many different types of legal problems.
There is the possibility of police becoming involved to see if anyone was driving in a way which broke the law.
Usually, police do not need to attend an accident scene unless someone has been injured. If there are injuries you must notify the police.
After any serious accident, particularly where people are hurt, it is routine for police to test drivers for drink driving. You can’t refuse a test.
The police will also talk to the people involved, interview any witnesses and then decide whether any laws were broken that caused the crash. They may charge the driver/s with breaking road laws. If charges are laid, the driver/s will have to go to court.
It’s important to collect the names of any witnesses to a crash. Witnesses may be able to help if you have to go to court.
If property is damaged and the property owner can’t be found, the collision must be reported to the nearest police station immediately.
If someone causes a crash, they are responsible for any damage they cause. A claim for the cost of repairs to a damaged car can be made through an insurance company or through the courts, if necessary.
More information
Driving & accidents – frequently asked questions
Insurance & compensation complaints
Related publications
Related websites
How VLA can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
If you have to go to court and have not been able to get legal advice beforehand, our free legal services include lawyers who are on ‘duty’ to help at many courts and tribunals.
To find out more about any of our legal services see What we do.
Who else can help?
Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.