Car accidents

If you’re involved in a car accident there are things you must do, by law, before leaving the scene.    

When you need legal advice

Get legal advice if: 

  • you’re seeking compensation for a personal injury
  • you’ve been charged with leaving the scene of an accident
  • you’re not insured and you receive a letter of demand
  • there’s a dispute about liability (who is at fault) or about the amount of damage
  • you’re about to start negotiating with the insurer or other driver
  • both vehicles are damaged and you think the other driver is partially to blame
  • you’re going to court because you can't reach an agreement
  • there is a dispute with an insurer over your motor vehicle property damage claim.

How to get legal advice

Before leaving the scene of an accident

If you’re involved in an accident, you must stop and give your name and address to:

  • the other driver or drivers involved
  • anyone who is injured in the accident
  • the owner of any other property that is damaged (e.g. fence).

If the driver of the other car or owner of property isn’t there, you must leave your details, if possible.

If someone is injured, you must stay and help until the police arrive—unless you’re getting medical or other help for yourself or other people involved. If there are injuries or an accident involving a pedestrian, it is extremely important that you stop, provide your details and make sure anyone involved in the accident receives medical attention.

Reporting an accident to the police

If you or someone else is injured because of a car accident, call the police. In an emergency, call 000.

You must report car accidents to the police if:

  • a vehicle is towed or carried from the scene
  • anyone is injured or dies
  • you don’t get the details of the other drivers or you don’t give your details to the other drivers or owners of property damaged at the scene.

If the police come, they may test drivers for drugs or alcohol and ask questions about what happened.

Talking to the police

If you’ve been involved in an accident, you must tell the police:

  • who owns the vehicle
  • who was driving
  • details of anyone who can give the police this information about any other vehicle, person, animal or property involved in the accident
  • how the accident happened.

If you were a witness, passenger or the owner of the vehicle (even if you were not there), you must answer police questions.

It’s a criminal offence to:

  • not give this information to the police
  • lie about a traffic accident.

Insurance and car accidents

If you have car insurance, you should let your insurer know about the accident as soon as possible.

When someone makes a claim against you

If someone thinks you were responsible for the accident (liable), they might make a claim against you for any damage to their vehicle or property.

They may sometimes send you a letter of demand asking you to pay for the damage caused by the accident.

If you’re insured, you can pass this letter onto your insurer.

If you’re not insured and you receive a letter of demand, get legal advice about whether you are fully or partially responsible for the accident (this is called liability). Liability can be shared—both you and the other driver might be at fault.

You can ask for evidence of the amount of damage being claimed against you (e.g. quotes or valuations).

When you have all the information, you should negotiate with the other person or their insurance company.

If you have damage to your own car from the accident and the other driver is partially responsible, you may be able to make a ‘counter claim’ against them for this damage.

Making a claim against someone else

If you think someone is responsible (liable) for the accident, you can make a claim against them for any damage to your vehicle or property.

To make a claim, send a letter of demand with copies of quotes or valuations to the driver of the other vehicle and to their insurer asking for payment within a fixed time (e.g. 14 days).

If the owner and the driver are not the same person, sometimes the owner may also be liable, and a separate letter should be sent to each person.

If the other person doesn't pay the amount owing within the time specified in the letter of demand—or they don’t respond—then you can lodge a claim in the Queensland Civil and Administrative Tribunal or a court. Find out more.

The Australian Financial Complaints Authority may be able to help if you have a dispute with another person's insurance company about motor vehicle property damage.

Finding out who owns the vehicle

If you don’t know the vehicle owner’s name, but you have the registration number, you can find the owner’s details by requesting a Queensland Motor Vehicle Register search.

If you are involved in a motor accident, and the police attend, you can request a copy of the traffic incident report. You can find out more from Citec Confirm.

Time limits

You have 6 years to make a claim for motor vehicle property damage. To ensure the best outcome, you should make a claim as soon as possible.

How to get legal advice

We may give legal advice:

  • about property damage disputes resulting from a car accident
  • where an insurer is refusing or delaying an insurance claim.

We don’t give legal advice about personal injuries. You may be able to apply through the Civil Law Legal Aid Scheme for help with some of the costs for a personal injury claim. You may need to get legal advice from a private lawyer before applying. 

Other places to get legal advice:

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

Last updated
Last reviewed
Back to top