LEGAL OBLIGATIONS AFTER AN ACCIDENT

Practical steps

The driver of every vehicle involved in an accident must:

stop at the scene of the crash
give their name and address, the name and address of the vehicle’s owner, and the vehicle's registration number (or any other information necessary to identify the vehicle) to any other driver involved, any person injured (or their representative) or the owner of any property that has been damaged
if you have not obtained details of the other driver, or have not given details to each person mentioned above, or if a vehicle is towed away, the accident must be reported to police as soon as possible within 24 hours after the crash, except in exceptional circumstances
if there is more than $1000 damage to property (unless the only property destroyed or damaged is property owned by the driver) the accident must be reported to police as soon as possible within 24 hours after the crash, except in exceptional circumstances.

[Australian Road Rules 1999 s 287, Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999 Reg 30]

For example, if you have a minor crash where is less than $1000 damage, no-one is injured and both drivers provide their details, then there is no obligation to report it to police. When assessing the damage that has been caused, this includes damage to other property (such as a fence) as well as the car(s) involved. If the only damage is to the driver's car, then there is no requirement that the accident be reported. However, it is advisable to report an accident even when it may not be necessary.

Police can require the drivers to give details of the day, time and place of the crash, details of other drivers and vehicles involved in the crash, and details of injuries and damage resulting from the crash. the names of the people involved and of witnesses and details of injury and damage. Police can askabout vehicle speeds and positions before and at the time of impact, but if you think this information may incriminate you, you do not have to answer. See Answering Questions about what questions you must answer and Arrest and Questioning for further information.

If someone is killed or injured then the driver of every vehicle involved in an accident must:

stop immediately at the scene of the accident
immediately give all possible assistance
within 90 minutes of the accident, present themselves to a police officer to give particulars of the accident and submit to any test for alcohol or drugs

Duty to inform Allianz when the accident involves injury or death

As soon as praciticable after an accident involving injury or death, contact the insurer, Allianz (ph: 1300 137 331). They will send forms which must be filled in and returned. It is an offence not to provide this written notice of the accident to the insurer. [Motor Vehicles Act 1959, s124]

Duty to remove debris

There is also a general obligation on a driver to remove any debris from the road after an accident. If the driver is injured in the accident and cannot do this personally, anyone who removes the vehicle from the scene must clear the road.