What to do after a motor vehicle accident

• Your obligations at the scene

  Under section 61 of the Road Safety Act 1986 (Vic), you

  must:

  1. stop;

  2. provide assistance;

  3. give your name and address, the name and address of the vehicle’s owner and its registration number to:

     a. any injured person;

     b. the owner of any damaged property;

     c. someone representing either of the above; and

     d. the police if they are present;

  4. if anyone is injured, or if the property of someone who is not present is damaged, and the police do not attend the scene, you must go to the nearest police station as soon as possible and provide details of the accident.

  A person who is injured in a vehicle accident may lodge a claim with the TAC (see ‘Contacts’, below) within 12 months of the accident.

  For more information, see Chapter 10.2: Transport accident injuries.

• Practical steps

  After an accident, it is a good idea to:

  1. write down the names and addresses of any eye-witnesses (you can always find out later exactly what they saw) – this is important;

  2. make notes of any conversation between you and the other driver;

  3. draw a diagram of the accident, including distances from corners and kerbs, and the position of any skid marks; and

  4. be careful what you say; many insurance companies require you to not make any admission of liability without their permission;

  5. ask for the name of the other driver’s insurer;

  6. report the accident to your insurer;

  7. keep a record of any towing or storage expenses;

  8. take photographs of the accident scene and of any damage.

What to do after a motor vehicle accident

Chapter: 10.5: Motor vehicle accidents and insurance

Contributor: Adrian Snodgrass, Principal Lawyer, ASA Law

Current as of: 1 September 2024

Law Handbook Page: 873

Next Section: More information