Victoria Legal Aid

Car accidents – what's the law?

This video provides basic legal information about car accidents and dealing with insurance companies for people new to Australia. It is the part of a series of videos about the law for people who have recently arrived in Australia.

See more videos about the law.

Transcript

Text: Car Accident.

[An image shows of a silver hatchback driving down a suburban street.]

[Vision changes to an image of Maryam, the driver, talking to her passenger, Sanda.]

Maryam: Do you want to get some lunch before or after we shop?

Sanda: I’m a bit hungry, let’s get a...

[Brakes squeal and the noise of a car crash sounds.]

[Vision changes to an image of the silver hatchback crashed into a white sedan from behind.]

Maryam: Oh my goodness! I hit that car! Let’s get out of here... the guy’s not hurt!

[Vision changes to an image of Maryam sitting in the car looking distressed.]

Sanda: Maryam! What are you doing? You have to stop when you have an accident!

[Vision changes to a man in a red jumper approaching Maryam’s car.]

Man: You idiot! Look at my car! You’ll have to pay! I hope you have insurance.

[Vision changes to an image of Sanda holding Maryam’s license and a piece of paper as she approaches the man in the red jumper.]

Sanda: It’s OK. No-one’s hurt. Here are my friend’s details. Can you give us your name and address as well?

[Vision changes to an image of Maryam behind the wheel looking disoriented.]

Maryam: Do I have to tell the police?

Sanda: Hmmm….I’m not sure. Let’s phone the police and ask them.

Maryam: Phew, lucky I got my car registered. The insurance will pay to fix the car.

[Vision changes to an image of Sanda sitting in the car and talking with Maryam.]

Sanda: No! The insurance you get with your registration is called compulsory third party insurance. It pays for people who get hurt. You need to have separate insurance for car repairs.

[Vision changes to an image of Maryam sitting in the car looking dismayed.]

Maryam: Oh no!

[Vision fades to black.]

Text: A few weeks later

[An image shows of Maryam sitting on a couch with a letter in her hand.]

Sanda? Hi, this is Maryam. Hey, remember that car accident? I just got a letter from that guy’s insurance company.

[Vision changes to an image of Sanda sitting at a desk and talking on the phone.]

Sanda: What does it say?

[Vision changes to an image of Maryam sitting on a couch and talking on the phone.]

Maryam: I have to pay $2,000 in 14 days! I can’t pay that! What can I do?

[Vision changes to a close-up image of the letter. The words “Please pay the amount of $2000” are highlighted.]

Sanda: You need to see a lawyer, Maryam.

[Vision changes to an image of the reception of through glass doors. A sign on the doors reads “Legal Aid Lawyers And Services”.]

Miryam: Can you help me with this?

[Vision changes to an image of Maryam sitting at a desk with an older woman.]

Older woman: Well, I’ll write to the insurance company – we’ll find out if you should pay and if you should, how much.

Maryam: Oh thank you.

Older woman: And… you really should get car insurance.

Maryam: But it’s so expensive!

[Vision changes to an image of an application form for third-party property insurance.]

Older woman: Well, you can get third party property insurance which pays for damage to the other car. That is quite cheap. But if you can pay a bit more, and you’ve got a good car, get comprehensive insurance.

Maryam: What’s that?

Older woman: That means the insurance pays for damage to the other car and to your car. But...make sure you look around to get a good price.

[Vision changes to an image of Maryam smiling in agreement with the older lady.]

Maryam: OK, thanks so much for your help.

[Vision changes to an image of the older woman smiling at Maryam.]

Older woman: I’ll be in touch when I hear from the insurance company.

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 10 March 2022

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