Car accidents can be distressing and overwhelming experiences, leaving you unsure of what steps to take next. This article will guide you through the essential steps to take after a car accident to ensure your safety and protect your legal and financial rights.
Move your car to a safe location
If possible, move your vehicle to a safe location to avoid any further collisions. Turn on your hazard lights and ensure all your passengers are at a safe distance from the road. Check whether you or any people involved have sustained injuries in the accident. If somebody has suffered an injury or if there has been significant vehicle damage, call 000.
Exchange details with the other driver
Exchange information with the other parties involved in the accident. This includes names, contact information, insurance details, and vehicle registration numbers. Additionally, gather contact information from any witnesses, as their statements may become very important later.
Document the scene
Take photos of the accident scene, including vehicle damage, licence plates, any obvious injuries (such as lacerations), the surrounding environment & any contributing factors such as traffic lights or weather conditions. It is also a good idea to make some notes about how the accident occurred & any other relevant details such as weather conditions. It is always easier to remember these details straight after an accident.
Report the accident to the Police
If somebody has suffered an injury or if there has been significant vehicle damage you, or someone else involved in the accident, should call 000 from the accident scene. If police attend the scene of an accident, the officer will ask questions and prepare a Traffic Incident Report which is an official report of important details including where the accident occurred, the date and time of the accident, contact details and car registration of those involved in the accident, how the accident occurred, details of any injuries sustained, witness details and details of any vehicle damage.
If police did not attend the scene of the accident, you must make a report to police in circumstances which are classed as a ‘reportable crash’. These situations include:
- If the accident caused death or injury requiring medical attention;
- If the driver fails or refuses to provide required details;
- If drugs and/or alcohol may have been involved;
- If a vehicle involved in the accident is undriveable and needs to be towed.
The report should be made within 24 hours of the accident.
There must be a report of the accident made to police if you wish to pursue a compensation claim for injuries sustained in the accident. If you wish to pursue a claim and the police did not attend the scene of the accident, you must make a report to police as soon as possible.
You can report an accident to Police by completing the ‘Report of Traffic Incident to Police’ from here and lodging it at your local police station. Make sure that you get the reference number (QP Number) as this will need to be included in any future claim form. It is preferable to report the accident in person at the police station, rather than via phone to Police Link, so that you get the QP number.
Seek medical treatment & rehabilitation
Even if you only sustained minor injuries in the accident, it is important to see a GP or other health care provider. Some injuries may become more noticeable later, and having a medical record detailing the occurrence of the accident and injury is important for a potential future claim.
If you make a CTP compensation claim the Insurer will be required to fund your reasonable treatment expenses including:
- rehabilitation expenses (such as physiotherapy or exercise physiology);
- psychological treatment; or
- specialist medical treatment (for example with an Orthopaedic Surgeon, Neurosurgeon, Psychiatrist or other specialist).
Before the CTP Insurer will agree to pay for your treatment, they will need to see a referral from your doctor for the recommended treatment. During your first consultation with your GP you should ask for referrals for any treatment that you require. It is important that your GP provide a separate and specific referral to each treatment provider they recommend.
Notify your Insurer
You should report the accident to your comprehensive insurance company as soon as possible. Provide them with accurate and detailed information about the accident. You mustn’t admit fault. Your Insurer will provide you with information about the insurance for your vehicle damage and explain the claim and repair process.
Seek legal advice if you have been injured
If you sustained injuries and believe that the other driver was at fault for the accident, consult with an experienced personal injury lawyer. A lawyer can help you to understand your rights, guide you through the claims process and ensure that you receive fair compensation for your injuries.
Keep records
Maintain a file of all relevant documents, including medical records, police reports, correspondence with insurance companies, and any other related paperwork. This organised record can be invaluable when building your case.
Important note about time limits
If you suffer an injury in a road traffic accident, you should immediately consult your doctor. You should also consult with an experienced personal injury lawyer early so that you are informed of your legal rights and the time limits which apply to your claim.
There are strict time limits which apply to making a CTP compensation claim in Queensland. These time limits are even shorter when there is an unidentified vehicle involved in the accident.
If you have been injured in a road traffic accident and would like to discuss your rights or a potential claim with an experienced personal injuries lawyer, please contact us here to arrange a free 30 minute consultation.