Car accidents

What to do after an accident 

Help anyone injured

The driver in an accident m​ust stop and give help to anyone who is injured. It is an offence not to stop and give an injured person assistance.

Exchange details

After a car accident you must stop and exchange details with the other driver or drivers.​

Under NSW Road Rules, drivers involved in an accident must stop at the scene of the accident and give their details to the following people, where pos​sible: 

• ​​any other driver involved in the accident
• any other person involved in the accident who is injured
• the owner of any property or vehicle damaged in the accident. 

What you need from the other driver

If you had an accident with another car, you should ask the other driver to show you their driver licence. Look at the back of the licence, to see if they have a new address.

Under NSW Road Rules, you must exchange some details. These include: 

• ​the driver's name and address
• if the driver is not the owner of the car, the name, address of the person who owns the car
• the car's registration number
• any other information necessary to identify the car.

It is an offence to not exchange details. 

You should also find out and write down:

• the driver's phone number
• the make, model and colour of the car 
• the other car's insurance policy details.

When you are talking to the other driver, you should not admit that the accident was your fault as this may affect any claim on your insurance.

What you can do if you did not get details

If the other driver did not give you their details, there are other ways you can find out this information. You can:

• ​contact the police officer who attended the accident
• ask for a copy of the Police Incident Report
• make an access application to Transport for NSW for the details of the registered operator. 

For more information on getting the other driver's details, see Identifying the other party in Making a Claim.  

If you have a court case related to your accident, you can apply for a subpoena to get the other driver’s details.  

If the other driver will not exchange details, you should make a note of the other car's registration plates and report the accident to the police within 24 hours.

Report the accident to the police

Not all accidents need to be reported to the police. You must report a car accident to the police when:

• ​​a person is killed or injured​
• a driver fails to stop and give their details to the other driver or drivers
• a vehicle is towed away after the accident
• a driver or rider appears to be under the influence of drugs or alcohol

You must report as soon as possible and within 24 hours, unless there are exceptional circumstances. It is an offence if you do not.

If someone is killed or injured as a result of the accident, you should get legal advice​ before making a statement to the police.

You can report the accident to the police by:

• calling 000 while you are still at the scene of the accident
• going to a police station
• calling the Police Assistance Line on 131 444.

When you report the accident to the police, you will be given an Event Number beginning with the letter E. You should write this down. You may need it later if you decide to request a copy of the police report.

If you need a NSW Police Event Number for insurance purposes, you can make a report online or by calling the Police Assistance Line on 131 444.  

For more information, see the Community Portal on the NSW Police Force website.

When the police will attend the scene

Police will not always attend the scene of an accident. They have guidelines about when they will and will not attend. The police are likely to attend the scene of an accident where:

• someone is trapped, killed or injured
• drivers have not exchanged details
• a driver appears to be affected by drugs or alcohol
• police need to direct traffic or deal with hazards
• a bus or truck needs to be towed
• a driver appears to have committed a serious traffic offence, for example, driving unlicensed or learner driving, or without licensed supervisor. 

In these cases, you may call 000 so that the police can attend the scene.

For more information on when and how to call the police, see Road Safety on the NSW Police Force website.

Injuries

The driver in an accident m​ust stop and give help to anyone who is injured. It is an offence not to stop and give an injured person assistance.

A person who is injured in a car accident can make a claim against the Compulsory Third Party (CTP) insurance company of the driver at fault. Compulsory third-party insurance is also called a green slip. What you may be entitled to under the CTP insurance will depend on when the accident happened.

For more information, see Motor accident injury claims on the State Insurance Regulatory Authority (SIRA) website.

There are strict time limits for lodging a claim. The time limits may be 28 days or six months from the date of the accident, depending on the type of claim you m​ake. For more information about time limits and making a claim, see Apply for personal injury benefits on the SIRA ​website.  

For a copy of the Motor Accidents Guidelines, go to the SIRA website.

The accident happened before 1 December 2017

If you were injured in a motor vehicle accident before 1 December 2017, you may be able to claim a payment of up to $5,000 if you were the driver at fault. If you were partly at fault your claim could be reduced.  

If you were not at fault, you may be able to claim compensation for treatment and rehabilitation expenses, loss of future income and non-economic loss, also known as pain and suffering. 

For more information, see The accident happened before 1 December 2017 on the SIRA website. 

The accident happened between 1 December 2017 and 31 March 2023

If you were injured in a motor vehicle accident between 1 December 2017 and 31 March 2023, you may be able to claim income support payments and medical expenses. 

For more information, see The accident happened on or after 1 December 2017 on the SIRA website. 

The accident happened after 1 April 2023

If you were injured in a motor vehicle accident after 1 April 2023, you may be able to claim income support payments, medical expenses and other benefits.

For more information, see The accident happened after 1 April 2023 on the SIRA website. 

Who is responsible 

If a person causes an accident because of their negligence, then they are at fault. 

Sometimes it is not clear which driver is at fault, for example, where there are three or more cars involved. If you are not sure who is at fault, you should get legal advice.  

For more information about owners and drivers, taxis, buses, trucks, hire cars, bikes and accidents involving animals, see Who is responsible?

Driving for work 

If you are driving for work and you cause a car accident, you may not be the only one who has to pay for the damage you caused. In some cases you may not have to pay at all. 

In some cases, your employer may not be responsible if you caused a car accident while driving for work purposes. 

An employer may be responsible if:

• ​​the driver was an employee
• the driver was driving for work purposes. 

This is called 'vicarious liability'.

If your employer says they are not responsible, or if they try to make a claim against you for damage to their car, you should get legal advice.

If you had a car accident and the other driver was at fault and was driving for work, you may be able to claim against their employer for the cost of the repairs to your car.  

If you are certain that the driver of the other car was an employee driving for work, you may be able to make a claim against both the driver and the employer. You would need to show that the driver was an employee of the owner. 

If you start a court case against an employer for damage caused by their employee and the court finds that the employer is not vicariously liable, you may be ordered to pay the employer's legal costs. Before you start a claim, you should get legal advice.

If you are an independent contractor driving your own car and you are at fault in a car accident, you will be responsible for any damage caused as a result of the accident. 

Are you an employee or an independent contractor?

It can be difficult to work out if someone is an employee or an independent contractor. For example, a person might be an employee if they: 

• ​​​​​get sick leave and annual leave
• have tax deducted from their pay by the person paying them
• are supplied with tools and equipment
• are told what hours to work
• fill out timesheets
• are directed when and how to perform​ the tasks of their job
• receive superannuation contribu​tions from their employer
• are covered for workers compensation by their employer. 

​Working out whether you are an employee or an independent contractor can be complicated. If you are unsure you should get legal advi​ce. ​

If you are an independent contractor and you caused a car accident, you should get legal advice. 

Does the car you were driving belong to you?

An independent contractor who causes an accident while driving a car belonging to the person that contracted (hired) them, may be able to claim that the person who contracted them is liable. 

If you are an independent contractor and you caused a car accident, you should get legal advice. 

If you are an employee driving your own car but you are driving for your employer's purposes, your employer may be liable. This is called 'vicarious liability'. 

If your employer doesn't accept responsibility for a car accident you were involved in, you should get legal adv​ice.  

Is your employer liable for your actions?

If you caused an accident while driving for work, your employer may be responsible for the damage you caused to another car or property. This is called 'vicarious liability'. 

Your employer will usually be responsible if you were driving the car for work purposes, for example, if you were driving the car to pick something up for your employer. 

Sometimes your employer may not be liable for an accident you caused whilst driving for work. Your employer will usually not be liable if: 

• ​​the accident involved your 'serious or wilful misconduct' such as driving while drunk or intentionally causing the accident
• you used the car in a way that was not permitted by your employment agreement, such as allowing your partner to drive the work car
• you were using the work car for your own purpose, such as picking up your friend from the airport.

If your employer is responsible for an accident caused by you, the owner of the other car can still claim against you. If your employer does not accept responsibility you may be able to make a claim (called a 'cross-claim') against your employer.

If the owner of the other car says you should pay for the damage you caused while driving for work, you should get legal advice.

If your employer is responsible for an accident caused by you they usually cannot claim against you for the damage to their car or the other car.

If your employer, their insurance company, or another driver is claiming the cost of repairs from you, you should get legal advice. 

Evidence 

You should collect evidence as soon as possible after the accident. This will help you to either make a claim or respond to a claim. 

For more information, see Evidence.

Making a claim 

If your car was damaged in a car accident and it was the other driver's fault, you may wish to make a claim against that driver for the damage and losses.

For more information, see Making a claim.

Insurance 

A person who is injured in a car accident can make a claim against the Compulsory Third Party (CTP) insurance company of the driver at fault (also called a green slip).

For more information, see Insurance.

Responding to a claim

If you were in a car accident and a car was damaged, the driver or owner of that car might make a claim against you if they believe it was your fault.

For more information, see Responding to a claim.

Settling your dispute

If you have a dispute with someone about a car accident, it is important to try to settle that dispute without going to court. 

For more information, see Settling your dispute.

Going to court

If you can't settle your dispute, you may end up in court. It is a good idea to try to avoid going to court by settling your dispute, if possible. 

For more information if someone owes you money, see Going to Court.

For more information if someone says you owe them money, see Responding to a claim.

After court

If you win your case, the other party will have to pay your claim, including your legal costs.

If you lose your case, the other party won’t have to pay your claim, and the Court may order you to pay the other party's legal costs.

For more information if you are the plaintiff, see After court.

For more information if you are the defendant, see After court.

Driving offences 

If you were involved in a car accident, and police believe you were at fault, you might get a fine, suspension, loss of demerit points, or for serious driving offences, prison time.

For more information, see Driving Offences.