This page has some information 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 an accident
If you are in an accident you must stop and assist. Even if nobody is hurt, you have to exchange details with the other driver or the owner of any property that is damaged. It is an to without doing this.
Reporting 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 police attend the scene, they will usually test drivers for alcohol or other drugs. It is a serious offence to refuse this test.
What you should do
Take time to write down carefully all of the details such as the time, date and location where the accident happened and the names and contact details of any witnesses. Note down the speed you believe you were travelling at and even the weather conditions. It will help if you draw a diagram. 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 write a report. This report may be important if there is a dispute about who was at fault.
If you have broken any road laws the police may:
If you are charged you will have to go to court.
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.
Comprehensive insurance policies cover damage to your vehicle too. 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.
Call the National Insurance Hotline on 1300 663 464 for more help.
If a person is injured
Insurance for personal injury is included in the cost of vehicle registration and is administered by the . This is a government organisation that pays medical 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:
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 or the other driver have no insurance
It is not compulsory to get insurance to cover property damage.
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 recover the money for the damages. If you don’t pay the debt the insurance company can take you to court.
If the other driver does not have insurance the other driver may sue you for damages.
If the accident was not your fault
If 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.
Taking the other party to court could be expensive and if that driver has no job, 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.
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
Reviewed 11 April 2022