Evidence

It is a good idea to write down what happened in the accident while it is still fresh in your mind. You can keep a note or write a diary entry. 

You should keep a record of the following information about the accident: 

• ​​​​date and time that the accident happened
• location (street name, suburb/town/locality, nearest cross street or landmark)
• colour, make and model of each vehicle involved in the accident, including the number plates
• name of the driver of each vehicle and the owner of each vehicle (if it is not the driver)
• description of how the accident happened
• what the street lighting was like (if the accident happened at night)
• the traffic conditions (lots of traffic, light traffic)
• the speed limit on that road
• the speed you were travelling
• what the weather was like (raining, just finished raining, sunny or dark)
• any conversations you had with the other driver
• details of any witness
• any conversations you had with the witnesses
• anything you think may have caused the crash
• a description of the damage to your car, as well as the other cars involved in the accident
• the cost to repair your car, if known
• whether the police attended
• if it was reported to the police - the name, rank and station of the police officer and date and time reported
• any other relevant details. 

You can use this information:

• ​​to make or respond to a claim
• when trying to resolve the claim with the other driver or insurer
• to prepare a statement as evidence if you end up going to court.

Instructions: Instructions for preparing witness statement – car accident

Sample: Sample witness statement – car accident

If there were witnesses to the accident, you should get their contact details. If you were not able to get these at the scene of the accident, but the police were there, you may be able to get this information from the police. 

After the accident you can contact any witnesses who saw or heard something that supports your claim and ask them to prepare and sign a statement about the accident. You should contact witnesses as soon as possible after the accident so they don't forget any details. If the matter goes to Court, the hearing date could be months or even years after the accident happened. The statements should not include opinions or beliefs or arguments about the law.

A witness statement should include what a person:

• saw
• heard
• did or
• said. 

You can't force a witness to give you a statement. If the case goes to Court, you may be able to serve the witness with a subpoena which orders them to give evidence.  

You could take photos of the place where the accident happened, the surroundings (for example, the intersection, street signs, traffic lights) and the position of your car and the other driver's car. These photos could be used to explain the circumstances of the accident, and who was at fault.

You could take photos with your mobile phone or camera. 

If you had a dash cam installed in your car that recorded the accident or you were cycling and you were wearing a body cam, the footage could be used to explain the circumstances of the accident, and who was at fault.

Sample: Sample car accident sample sketches

You should make a sketch of how the accident happened. A sketch can be helpful when making a claim or if you end up going to Court. You should include as much information about the accident as possible, such as: 

• ​​position of the cars involved in the accident
• position of any other car, for example, parked cars
• location of any witnesses
• trees, kerbs, or crossings
• name of the street and cross streets, if any
• lanes and lane direction
• width of the street
• speed limit
• traffic lights
• street signs, for example, stop signs
• any other relevant details.  

You could neatly label the sketch or you could use a key to show what your picture refers to.

If the police came to the accident, or the accident was reported to the police, you can get a Police Incident Report. 

The police report might include statements about fault, whether ​anyone was charged with an offence, a summary of the accident, and sometimes it can include drawings of the scene.

For more information about how to get the police report, see Identifying the other party, in Making a claim.

If your car was damaged in an accident and you wish to make a claim, you will need to identify the damage and losses caused by the accident and collect evidence.

Damage and losses resulting from an accident can include:

• ​th​e cost of repairing the car, or the 'written-off' value of your car
• the cost of towing the car
• the value of personal items damaged in the accident
• the reasonable cost of hiring a replacement vehicle
• lost income.

There are a number of different types of evidence you can collect to show the damage and loss resulting from a car accident. 

It is a good idea to write down exactly what happened in the accident and what damage and/or loss you or the other driver suffered while it is still fresh in your mind. You could make a note or write a diary entry. 

You should keep a record of the following information:

• ​​the area of your car that was damaged, for example, the rear passenger door panel
• the type of damage, for example, a 10cm long scratch which removed the paint
• any loss, for example, broken vase that was in the boot
• the area of the other driver's car that was damaged
• the type of damage to the other driver's car
• any loss the other driver told you about at the time, if any
• any other relevant details. 

You can use this information:

• ​to make or respond to a claim
• when trying to resolve the claim with the other driver or insurer, or
• ​to prepare a statement as evidence if you end up going to court.

Instructions: Checklist - Instructions for preparing witness statement – car accident

Sample: Sample witness statement – car accident

If there were witnesses to the accident, you will need their contact details. If you were not able to get these at the scene of the accident, but the police were there, you may be able to get this information from the police. 

For more information about getting information from the police, see Identifying the other party under Making a claim.

After the accident you can contact the witnesses and ask them to prepare and sign a statement about the accident. You can't force a witness to give you a statement. If the case goes to court, you may be able to serve the witness with a subpoena which orders them to give evidence. 

The witness might be able to provide a statement about:  

• ​which part of your car and the other driver's car came into contact as a result of the accident
• whether they noticed any damage to the cars
• any problems they noticed as a result of the damage, for example, if you were unable to open your door to get out of the car, if they noticed leaking oil or other fluid, or if you were unable to indicate because your indicator light was smashed. 

It is a good idea to take photos of the damage to your car, to the other car, and any other damaged property. 

You could take photos with your mobile phone or camera.

If you had a dash cam installed in your car that recorded the accident or you were cycling and you were wearing a body cam, the footage and what you record afterwards could be used to explain the circumstances of the accident, and how much damage was caused by the collision.

Sample: Sample car accident sample sketches

You should make a sketch of how the accident happened, showing the point of collision. You can include the following:

• ​name of the street and cross streets, if any
• position of your car
• position of the other driver's car
• position of any other cars, for example parked cars
• trees, kerbs, or crossings
• lanes and lane direction
• width of the street
• traffic lights
• street signs, for example stop signs
• any other relevant details.

You could neatly label the sketch or you could use a key to show what your picture refers to.

If the accident resulted in damage that requires specialist repairs, or the mechanics that you and the other driver visit have very different views about the extent of the damage and the cost of repairs, it may be useful to get an expert report. An expert can comment about whether the impact from the accident is responsible for the damage and whether it is likely that the damage existed before the accident. 

You should get legal advice about whether an expert report could be useful in your situation.

Expert reports may be expensive. If you get an expert report the author of the report may also need to come to court and give evidence about what they wrote. You should check how much the expert will charge for the cost of the report and any court attendance.

You should get quotes for the cost of repairing the damage caused to your vehicle. If you make a claim against the other driver for your damage you will need this evidence to prove the exact amount it will cost to repair your car. 

If the other driver makes a claim against you for the cost of repairs to their vehicle, you can take a copy of their quote to a mechanic and ask for their opinion about whether the cost is reasonable.

If it was necessary to hire a car whilst your car was being repaired, you may be able to claim 'reasonable car hire costs'. It can be difficult to know what is considered a 'reasonable cost' for hiring a replacement vehicle or for loss of the use of a vehicle. When considering what is reasonable you should think about whether: 

• ​​the hire car reasonably meets your needs - you could compare cars by looking at what you use your vehicle for, for example, work or domestic purposes and determine whether the replacement vehicle meets such needs 
• the amount of time the hire car has been used is reasonable - if it took two weeks to fix a damaged car, it may be reasonable to hire a car for two weeks
• it may be also be necessary for you to explain why it was not reasonable for you to use a less expensive means of transport such as public transport. 

Usually costs for time taken off work, for example to organise repairs or to attend Court, can't be claimed. 

However, if a vehicle is used to earn income, for example, a delivery van, it may be possible to make a claim for lost wages or profit. This is called a demurrage claim. 

You should get legal advice before making a demurrage claim or if the other driver in an accident has made a demurrage claim. 

Make sure you get invoices and receipts for any expenses or loss you experienced as a result of the accident such as towing fees, loss of personal items, loss of use of your vehicle and replacement vehicle hire costs.

If you make a claim against the other driver for your losses you will need this evidence to prove the exact amount of the loss. 

The repair quotes will be evidence of the cost of repairing your car, if the other driver was at fault. 

If the accident was a minor one, repair quotes will help you decide whether to claim on your insurance. 

You don't need to get a set number of quotes, but it is common to get more than one quote. Sometimes getting more than one quote can help show that the amount you are asking for is 'not excessive' and is 'fair and reasonable'. 

You can get quotes from panel beaters and mechanics. Some panel beaters may charge for written quotes, so you should ring around. 

Quotes should include: 

• ​​​​the details of the person providing the quote
• the date the quote was provided
• a description of the work that needs to be done to repair the damage caused in the accident
• the materials that will be used
• ​the total cost of the repairs.

If you need your car, you can go ahead and get the car repaired before you have settled the claim with the other driver or the other driver's insurance company.

In this case, you would need to keep copies of receipts and tax invoices for the work carried out to fix your car. Remember to take photos of the damage to your car before you get it repaired.

You can only claim the reasonable costs of repairing your vehicle. If you spend more than what is reasonable to fix your car, you may not necessarily recover the total cost. 

If it costs more to repair your car than its value before the accident, your car is usually 'written-off'. If your car is written-off, you should get a report with the pre-accident value of your car. 

There are several organisations that can provide such a report for a fee of $25.00 - $35.00. You can search for organisations on the internet under 'second-hand car valuations'.

You will also need to get a written estimate of the salvage value of the car from a second hand parts dealer or wrecker. 

The salvage value is the amount that a second hand parts dealer or wrecker will pay for the car. The amount you can claim for a car that is a write-off is worked out as follows:  

Pre accident value - Salvage value = Amount you can claim. 

If you and the other driver cannot agree on the pre-accident value of your car, you should get legal advice​. If your car is insured, you can go through your insurer's internal dispute resolution process. For more information, see Insurer – dispute resolution, in Insurance.

If the other driver thinks you are at fault and wants you to pay for repairs to their car, they will usually give you one or more quotes for the cost of fixing their car. You can ask the other driver for more than one quote, or to have your own repairer look at their car, but you can't force the other driver to agree.

You can take the quote from the other driver to your own mechanic or panel beater to check that the amount asked for is reasonable.

If the other driver's insurance company is handling the claim, the insurance company will usually go ahead and repair the car and claim the repair costs from you. 

If you don't agree with the amount they are claiming, you can try to negotiate with the other driver or their insurance company.  

If you agree to pay the amount claimed or negotiate a reduced amount or instalment payments, you may be able to settle the claim. 

For more information, see Settling your dispute​.