What to Do Immediately After a Motor Vehicle Accident in NSW: A Step-by-Step Guide

Even when a collision is considered minor, finding yourself in a motor vehicle accident can be stressful as the driver, passenger, or even a pedestrian caught in the mishap. Not to mention, it can be physically, emotionally and financially injurious. From collecting the details of all parties involved to submitting a CTP claim and hiring a motor vehicle accident lawyer in more extreme circumstances, understanding what to do after a motor vehicle accident when emotions are rife can make you lose track of details and miss out on recourse.

Unfortunately, no matter how experienced you are at driving, you may be involved in a car accident at some point in your life. No matter who is at fault, collisions can happen at any time and to anyone. To help provide clarity when the situation seems confusing, our guide shares the steps you need to take to protect yourself, your interests and others involved.

What do I do After a Car Accident​?

In any road accident you are involved in, you are legally obligated to stop, check on others involved, and collect all necessary details. Not doing so is considered a ‘hit and run’ and can result in significant fines, license suspension, and even jail time, depending on the severity of the accident and injuries sustained. Following a collision, it is important you follow the next steps:

Step 1: Stop and Assess the Situation

After switching off your ignition to reduce the risk of fire and turning on your hazard lights, your first priority is the safety of everyone involved. Check on everyone, including passengers, those in other vehicles, bystanders and individuals using public transport if a train or bus was also involved. If anyone has been injured after a motor vehicle accident, immediately call an ambulance on 000. If the vehicles involved are blocking a road or if there is any damage to either party’s cars or the environment around you, you will also need to request police assistance..

When to call for ambulance or police assistance:

• A person is trapped in the car, is injured or has been killed

• If either driver is suspected to be under the influence of alcohol or narcotics

• The collision involved a vehicle carrying a dangerous load

• Police are needed to direct traffic or deal with hazards

• A bus or truck requires towing

You will also need to share the contact details of all parties involved with the police.

When police do not need to attend a motor vehicle accident:

• No parties experienced any injuries

• Neither vehicles require towing

Even when police do not need to be called to the scene of a road accident, you still need to report it to the Police Assistance Line on 131 444 within 24 hours:

• If a person involved was later treated for an injury

• Property was damaged

• An animal was injured

• You were unable to provide your details to the other driver

When speaking to the police, make sure you collect an “event number” for your records — this is necessary to show you have followed all the steps required after a road accident and support your claim for motor vehicle accident compensation. 

Step 2: Move to safety and clear the area

In minor car accidents where your vehicle has not suffered serious damage and is in a driveable state, move your car off the road to stop blocking traffic. If it is safe to do so, check the area for debris and move it out of the way to prevent it from posing a danger to other vehicles, people and property.

Step 3: Collect Details

All parties involved in a traffic accident must share their details — this is mandatory when submitting a motor vehicle accident claim. The minimum amount of details you need to collect and share include:

• Names, phone numbers and addresses

• Vehicle registration details

• Name of the car’s insurer

• If the vehicle is borrowed from another party, you will also need to collect or share the name and contact details of the car’s owner

Recording each party’s license plate number and the vehicle’s model can also be beneficial. 

Step 4: Record a Timeline

To help expedite claims for motor vehicle accident compensation and prevent confusion over the sequence of events leading up to the collision, you should also note the date and time of the accident, the specific location and any information that can describe the timeline of events.

To protect your claim for a motor vehicle accident compensation payout in NSW, it is also important you speak to witnesses and ask for their contact details. Their account can make all the difference if the other party disputes your car accident claim, the sequence of events and who is at fault.

Photos are one of the best ways to illustrate what happened and support your motor vehicle accident claim. Take pictures of the vehicles involved, including close-up images of the car’s damage and landscape photos of the entire scene from various angles.

Step 5: Contact your Insurer

As early as possible following an accident, it is important to lodge a claim with the insurer for the vehicle at fault. You have three months from the date of the accident in which to lodge a claim. However, to ensure you are eligible to be paid for any loss of earnings from the date of the accident, a claim form must be lodged within 28 days of the accident. 

When the claim is lodged, it will include all the information collected at the scene of the accident, including photographs and witness statements, so that the insurer can begin its investigation of your car accident claim. 

The outcome of your motor vehicle accident compensation claim firstly depends on who is recognised as being at fault for the accident.

When do you need a motor vehicle accident lawyer?

Insurance companies often work hard to make pursuing a motor vehicle accident claim for compensation as difficult as possible, even if the other driver was at fault. They may even try to minimise the remediation paid for what you may be eligible for, increasing your costs and hardship. 

Car accident lawyers can make all the difference in arguing on your behalf to protect you from all forms of loss experienced. Motor vehicle accident lawyers protect more than just the driver — they can also help you if you are a passenger or bystander caught in the collision. The remediation they will fight for you to gain can include:

• Cost to repair car damage, or if necessary, replacement

• Medical treatment and expenses

• Non-economic loss (pain and suffering)

• Cost of ongoing care, commercial care and assistance such as wheelchairs, home or vehicle modifications

• Legal costs

• Funeral costs

They can also help secure compensation from insurance companies whether the event is recognised as a “blameless accident” where no driver is at fault due to circumstances outside their control. These can include unavoidable collisions with animals, experiencing a medical episode or mechanical failure while driving that could not be reasonably predicted.

Medical Costs after a Motor Vehicle Accident

While many people can escape unscathed apart from heightened emotions after a motor vehicle accident, for some, it can be more severe. In more injurious events, individuals can be left with everything from cuts and bruises at the minimum to broken bones, whiplash, brain injuries and even death in more extreme cases.

If you are injured and need to include expenses for medical treatment as part of your motor vehicle accident compensation payout in NSW, you will need to visit a medical professional for treatment. They will provide a report confirming that your injuries directly resulted from the collision, or in the case where you have pre-existing injuries, were significantly worsened as a direct consequence. These reports will need to be shared with your lawyer and insurance companies.

Economic Costs after a Motor Vehicle Accident

There are different benefits available to help compensate for loss of wages as well as cover the cost of any expenses incurred and can include:

Statutory Benefits

These are weekly benefits of compensation payable, providing for partial wage loss up to 52 weeks following the accident, even if you were at fault.

Weekly Benefits

Weekly benefits compensate you for loss of wages of up to 95% of your income for the first 13 weeks. From the 14th week following your car accident, you can receive up to either 80% or 85% of your wages, depending on your particular situation.

Common Law Damages

Your motor vehicle accident lawyer may advise you also that there is an opportunity to pursue common law damages for the injury sustained in the accident. This provides compensation greater than and in addition to the statutory weekly benefits to cover the loss of income or profits you expected to have received but did not because of the accident.

Submit your Claim with Brydens Lawyers — We Specialise in Motor Vehicle Accident Compensation

Car accidents can have consequences beyond injury and death — they can impact you across other areas of life too, such as incurring expensive medical costs to manage prolonged health issues and loss of income from the inability to work. These types of personal injuries can be debilitating and frustrating if the collision was not your fault and is simply a matter of being in the wrong place at the wrong time.

As there are strict time limits to claim for motor vehicle accident compensation payouts in NSW, understanding what to do after a motor vehicle accident is key to maximise remediation and minimise loss. But how can you protect your interests and rights when insurance companies are reluctant to compensate fully or the other driver is uninsured?

By choosing Brydens Lawyers to represent you as your car accident lawyer, you are selecting an expert law firm that has practised for over 50 years. Our specialised team has a long track record of prosecuting and winning substantial compensation claims for our clients. 

With locations across Sydney, regional NSW, and the ACT, no one is more adept or experienced in arguing for your benefit. For a no-pressure, free* legal consultation, schedule an in-person or virtual appointment right away online or by calling 1800 848 848 to get the help you need when you need it most.