What Is A Car Accident?

As with all personal injury claims, filing a compensation claim for a car accident has strict timelines.

If you are looking to make a personal injury claim, you should start the process as soon as possible as you only have 28 days to report the incident to police if they were not at the scene.

Once this has been done, you have up to 3 months to make your claim, although the sooner you get your claim in, the better.

If the car accident involved:

• Serious injury or death
• Suspected involvement of drugs or alcohol, or
• A driver refused or failed to provide their required details

You must report the accident to a police station, or to an attending police officer if applicable.

If you have been involved in a car accident that requires towing of a vehicle, you must report the crash either online through QLD Police, phoning Policelink (131 444) or at your local police station.

Any driver involved in a reportable crash or accident (regardless of fault) is required to report it to the Police. See the question above for more information on what is considered a “reportable crash.”

To make an official report to Police, you will need to include the following information:

• Date and time of the car accident
• The precise location of the car accident
• A description of how the accident occurred
• Your personal details and vehicle details
• Details of the other individuals involved (personal details, vehicle details and witnesses if applicable)
• Details of the damages to vehicle (if applicable)
• Details of injury incurred (if applicable)
• Other crash details that may be relevant (including but not limited to, speed limit, number of lanes, site conditions, etc.)

Your insurance company may request additional details. Contact your insurance company for more information on details they might request.

All reportable car accidents and crashes must be reported to the police within 24 hours of the crash occurring in accordance with Section 287 of the Transport Operations (Road Use Management – Road Rules) Regulation 2009. In the case of exceptional circumstances, you may be required to report the accident as soon as possible.

If you witness a car accident and were not directly involved in the accident, you are not obliged to make a statement or report. If you would like to provide details on what you have witnessed, you should contact Policelink on 131 444 or attend your local Police station.

It is recommended that if you are still at the scene of the crash and any of the following were observed, please contact 000.

• Death or serious injury
• Damage to public infrastructure
• Suspected involvement of drugs, alcohol, or criminal negligence
• Hazards on a roadway (e.g. Oil spills)
• Drivers with an impairment or disability that requires Police assistance

If you have been injured in a car accident, it is important that you and others involved in the incident are safe from more injuries. This might mean that you need to move off the road and away from the accident to stay safe. Once this is done, seek medical attention straight away.

Looking after yourself or others involved in the accident is the most important thing to focus on first. If you are able to, or if you have a family or friend available to assist you, report the accident to police, gather detailed information about the accident and take photos.

It is best to seek legal advice after a car accident when:

1. You are unsure who is at fault
2. Your car insurance company is not providing you with the coverage owed
3. You feel unsure how to make a car accident claim
4. You want to increase your chances of a successful car accident claim

Our lawyers are  available to give you obligation free advice following a car accident. Call our helpline today.