Offences and Duties after Accidents

Duties of a Driver after an Accident

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 there 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.

Elements of the offence and penalty

Failure to comply with the duties in relation to accidents where no-one is injured or killed is an offence and the penalty is a fine of up to $2500. [Australian Road Rules 1999 s287 & Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999 Reg 50]

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

Elements of the offence & penalty

Failure to comply with these duties is an offence and the penalty is imprisonment of up to five years and license disqualification for at least one year. [Road Traffic Act 1961 s43]

Defences

It is a defence to this charge if the driver was reasonably unaware that the accident had occurred. It is also a defence if the driver genuinely and reasonably believed that to comply would endanger them physically and they notified the police, ambulance or another authority at the earliest opportunity.

In relation to failure to comply with the duty to present to a police officer, it is a defence if the driver has a reasonable excuse for failing to comply and they still presented themselves as soon as possible after the accident.

Failure to comply with duties where the accident involved injury or death

Elements of the offence

It is an offence to fail to comply with your duties as a driver involved in an accident (under the Road Traffic Act 1961 s43) where another person has been killed or injured as a result of driving without due care or attention. [Criminal Law Consolidation Act 1935 s19AB]

Penalty - fatal accidents

Where the accident has resulted in death, the penalty for the first offence is imprisonment of up to 15 years and licence disqualification for at least 10 years. Subsequent offences carry a penalty of up to life imprisonment and licence disqualification of at least 10 years.

Penalty - non-fatal accidents

Where the accident has resulted in serious harm, the penalty for a first offence is imprisonment of up to 15 years and a licence disqualification of at least 10 years. For subsequent offences the penalty is imprisonment up to life and licence disqualification for at least 10 years.

Where the accident has resulted in injury but is not serious harm, the penalty for a first offence is a term of imprisonment of up to 5 years and licence disqualification for at least one year. For subsequent offences the penalty is imprisonment up to seven years and licence disqualification for at least three years.

For a definition of what a subsequent offence is see s19AB(4) Criminal Law Consolidation Act 1935 and for serious harm see s21 Criminal Law Consolidation Act 1935.

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]

Penalty

A fine of up to $1 250, or imprisonment for up to 3 months.