Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Driving and accidents

Find out what to do when you have a car or vehicle accident. This includes when to contact the police, exchanging details, and the importance of insurance.

On this page

If you have a car or vehicle accident it's important to know about:

  • reporting an accident to police
  • insurance claims
  • what to do if you or the other driver have no insurance.

If you need more information there are other organisations that may be able to help.

What to do after a car or vehicle accident

If you are in an accident you must stop and assist.

It is against the law and there are serious consequences if you leave the scene of an accident without stooping. For more information visit Leaving the scene of a vehicle accident.

Exchange details

Even if nobody is hurt, you have to exchange details with the other driver, and/or the owner of any property that is damaged.

It is an offence to leave the scene of a vehicle accident without doing this.

You should provide the other driver with:

  • your first and last name (or if you're not the registered owner of the vehicle, the details of that person).
  • your car registration (your number plate and state)
  • the car's insurance company.

For more information visit the page Leaving the scene of a vehicle accident.

What to do next

After exchanging details, don’t admit any fault, just call your car insurance company and explain what happened and the details of the other driver.

If someone causes a crash, they are responsible for any damage they cause. This is called making a report. It can also be resolved through the courts if necessary.

Find out more about resolving a dispute on the Magistrates Court of Victoria website.

Report the accident to the police

You must report the accident to the police if:

  • anyone’s property is damaged
  • the other person involved in the accident does not stop or refuses to give their details.

Police may not attend the accident scene unless someone has been injured. If they do, they will usually test drivers for alcohol or other drugs. It is a serious offence to refuse this test.

What to do before the police arrive

Before the police arrive, take the time to write down carefully all of the details of accident.

Write down the following details, including the:

  • time and date
  • location where the accident happened
  • names and contact details of any witnesses
  • speed you were travelling at the time of the accident
  • weather conditions at the time.

It will help if you draw a diagram, such as where the two drivers were when the accident happened.

This information will be helpful to police, and your car insurance company.

What the police will do

The police will investigate by talking to the drivers and any other witnesses. They will also write a report. This report may be important if there is a dispute about who was at fault.

Do not admit that an accident was your fault. You may not be qualified to decide this and making this admission could be used as evidence against you if there is a dispute.

If you have broken any road laws the police may:

  • issue you with a fine
  • charge you with an offence.

If you are charged you will have to go to court.

Vehicle insurance

If you have insurance, let your insurer know about the accident as soon as possible after the accident. This is important, even if you decide not to make a claim against your insurance.

Most insurance policies say that you have to notify the insurer of any accident. This is called a ‘duty of disclosure’. Notifying your insurer also allows you to make a claim later if the damage is going to cost more than you thought.

Types of insurance

There are different levels of insurance cover.

  • Compulsory third party insurance is mandatory for car registered in Australia. In Victoria it is included in your vehicle registration with VicRoads. It covers injuries to other people caused by your car, but not other cars or property.
  • Third party property damage insurance covers damage to other people's vehicles and property. Insurance for stolen or cars damaged by fire may also be available.
  • Comprehensive insurance policies cover damage to your vehicle too, even if you caused the accident. In most cases you will have to pay some of the money. This is called the excess. The amount you have to pay depends on your insurance policy.

The kind of protection you have depends on what the insurance policy says. You should always read the policy carefully before you sign it and ask if there is anything that you do not understand.

You can find out more by visiting:

How insurance can affect an accident

If you are involved in a vehicle accident, the circumstances of the accident can affect both the type of insurance that applies, and how it applies in the situation.

If a person is injured

Insurance for personal injury is included in the cost of vehicle registration and is administered by the Transport Accident Commission.

This is a government organisation that pays medical costs for people who are injured in a motor vehicle accident.

If the driver was drunk or drug affected

Usually an insurance policy will exclude a driver who was:

  • driving while over the speed limit
  • affected by drugs
  • who refused to be tested for drugs or alcohol.

Other illegal behaviour, such as if the driver was driving without a licence or involved in a speed race, may also mean that you are not covered by the policy.

If you have an accident, and you do not have insurance

If the accident was your fault

If you are not insured, and the accident was your fault, the other driver’s insurance company will try to get this money from you. Their insurance company can take you to court if you don’t pay the debt.

Alternatively, if the other driver does not have insurance, they may choose to sue you for damages.

If you need a lawyer, a community legal centre may be able to help you.

If the accident was not your fault

If you are not insured, the accident was not your fault you will need to decide whether to sue the other driver for damages. Get a quote to find out how much the vehicle will cost to repair.

It is important to know that taking the other party to court could be expensive. Also, if that driver has no job, assets or money, it may be difficult to recover the money even if you win. The court may also decide that both parties were partly at fault.

A different option is to try dispute resolution, such as mediation. Contact the Dispute Settlement Centre to find out how to discuss your issue with the other party and reach an agreement out of court.

Get further help

It's a good idea to seek further support and legal advice. The Financial Rights Legal Centre is a community legal centre who services include help with insurance queries. Their online Motor vehicle accident problem solver(opens in a new window) and sample letters that may help you to work out what to do.

Support form other organisations

I need legal information about

Updated

Back to top
Legal Help Chat