What to do after a car accident in Victoria
Stop, check whether anyone is hurt, and move out of traffic if the cars can be moved safely. Exchange names and addresses with the other driver, photograph everything, and do not discuss who was at fault. In Victoria you must report the crash to police if anyone is injured, or if property was damaged and the owner is not there.
At the scene, in order
The first minutes matter more than anything that follows, and almost nobody is thinking clearly during them. This is the order to work through.
- Stop. Leaving the scene of a crash is a serious offence, however minor the damage looks.
- Check for injuries, yours and everyone else's. Call 000 if anyone is hurt or the road is blocked.
- Turn your hazard lights on. If the cars can be driven and it is safe, move them off the traffic lanes.
- Exchange details with the other driver before anything else.
- Photograph the scene before the cars are moved, if it is safe to do so.
- Arrange the tow and a replacement car. One call can cover both.
If anyone is injured, call 000 first. Nothing else on this page matters until that is done.
When you have to report it to police
Victoria Police do not attend every crash, and they will not normally take a formal report where nobody was injured and everyone has swapped details. There are two situations where you must report it yourself, at the nearest police station.
- Someone was injured and police did not attend the scene.
- Property was damaged and the owner, or police, was not there. A parked car or a fence, for example.
Reporting a crash to police is not the same as lodging an insurance claim. Doing one does not do the other.
The details to exchange
Take these from the other driver, and give them yours. Photograph their licence and the car rather than writing it down, because handwriting at the roadside is unreliable and people misremember.
- Full name and residential address.
- Phone number.
- Driver licence number.
- Registration number, plus the make, model and colour.
- Their insurer and, if they have it, a policy number.
- The name and number of any witness who stopped.
If the other driver refuses to give their details, or drives off, get the registration number and report it to police.
What to photograph
Photographs settle disputes that memory cannot. Assessors and insurers rely on them months later, so take more than feels necessary while you are still there.
- All four sides of both cars, from far enough back to show the position of each.
- The damage on both cars, close up.
- The road, the lane markings, any signs, traffic lights and skid marks.
- The other driver's licence and number plate.
- The weather and light conditions, which are easy to dispute later.
What not to say
Apologising at the roadside is instinctive and it is not a legal admission on its own, but it is quoted back at people constantly. Stick to describing what happened rather than deciding whose fault it was. Fault is worked out by the insurers from the evidence, and getting it wrong at the scene can complicate a claim you would otherwise have won.
You do not have to accept an offer from the other driver to settle privately, and it is rarely a good idea. Damage that looks cosmetic often is not once a panel comes off.
If anyone was injured
In Victoria the Transport Accident Commission covers treatment and income support for people injured in transport accidents, regardless of who was at fault. A TAC claim is separate from the claim for the damage to the car, and there are time limits, so it is worth reading their guidance early rather than after the repair is done.
What happens to the car
If the car cannot be driven it needs to be towed somewhere. You do not have to use whichever tow truck arrives first, and you do not have to let it go to a holding yard where storage fees accumulate. You can nominate where your car goes.
From there the sequence is the same for everyone: the claim is lodged, an assessor inspects the damage, the repair is approved, parts are ordered, and the work is scheduled. Each of those steps has a queue attached to it, which is why the same repair can take two weeks or six.
Common questions
Do I have to report a minor accident to police in Victoria?
Not if nobody was injured and everyone involved exchanged names and addresses at the scene. Victoria Police will not normally take a formal report in that situation. You must report it if someone was injured and police did not attend, or if you damaged property and the owner was not there.
Should I call my insurer from the scene?
You can, but you do not have to decide anything on the roadside. Get the other driver's details and photographs first. Lodging a claim is easier once you have those in front of you, and it can be done for you.
What if the other driver has no insurance?
You can still claim on your own comprehensive policy if you have one, and your insurer may pursue the other driver directly. If you are not comprehensively insured, recovering the cost becomes a civil matter against that driver. Get their details and report it to police.
Can I drive the car if it looks alright?
Only if nothing is leaking, no lights are on, the wheels turn freely and nothing is rubbing on a tyre. Modern cars hide structural damage well, and a bumper that looks straight can be holding a bent crash bar behind it. If in doubt, have it towed.
Sources
- Victoria Police, traffic accident reports
- Transport Victoria, crash responsibilities
- Transport Accident Commission
General information, not legal or financial advice. Your policy wording and your circumstances decide what applies to you.
