When you know what to do after a car accident in Queensland, you can:
- Protect the safety of all persons involved in the accident
- And safeguard your legal right to seek compensation for your losses
Even a minor crash might mean you need to take time off work to recover from physical or psychological injuries, which can lead to financial hardship.
Our best legal guide explains the steps and actions you should take following a collision so you can manage this unexpected situation and comply with all the necessary legal requirements. So, read on to learn what to do following a car accident in Queensland.
Free Car Accident Claim Review
The Car Accident Compensation Lawyers QLD provides a free claim review that can explain your rights and entitlements following a road accident that wasn’t your fault. And, all our compensation legal services come with a 100% no-win, no-fee, no-risk guarantee. Pay only after a win and zero if you lose. Call 1800 860 777
Immediate Actions After an Accident
In Queensland, you must stop and check for injuries after a car accident. Once you have stopped, here is a summary of the seven steps to follow after a traffic crash:
- Stay calm and don’t admit fault
- Ensure safety of all parties
- Assess Injuries
- Contact the Queensland police service (if required)
- Gather essential information
- Report the accident
- Seek legal advice
1. Stay Calm and Don't Admit Fault
Car accidents can be traumatic, especially if it’s your first one or there is major damage, but try to stay calm. Remaining calm and thinking clearly at the crash site will help you make more informed decisions about ensuring safety, compliance with legal requirements and whether you need police assistance.
During this difficult time, you might feel inclined to apologise for the accident, even if you’re not to blame. Remember that apologising can imply responsibility, which could affect any future legal action.
2. Ensure Safety of all Parties
Ensuring public safety (and your own) is a priority after a road accident, so we recommend you:
- Activate your hazard lights to alert others
- Move the vehicles to the side of the road to prevent further collisions.
- If there are hazards, such as leaking fuel, turn off the engine and keep at least 30 metres away
Call 000 for emergency assistance if the situation is severe, such as when serious injuries require urgent medical attention or the accident is a significant risk to public safety.
3. Assess Injuries
Next, check yourself and others for any visible injuries and if necessary, seek medical attention. Remember that some injuries may not be immediately apparent (such as whiplash) due to shock or adrenaline, so monitor everyone closely.
If injuries are present, call for emergency assistance immediately. Report all symptoms to a doctor, as some injuries may require X-rays or scans for a complete diagnosis.
4. Contact the Queensland Police Service
A police officer is required to attend the scene of a crash only when one of the police attendance criteria is met, which includes the following circumstances:
- Fatal accidents or severe injuries that require medical attention
- Major vehicle damage that requires a tow truck
- The other driver refuses to exchange details or broke road rules
- If a driver appears to be under the influence of drugs or alcohol, or if there is suspicion of another criminal offence, such as failing to stop at the crash site.
Further considerations about contacting police include the following:
- If you do not report a ‘reportable crash’ to police, you may face fines or imprisonment in Queensland.
- If the crash does not meet the requirements of a reportable crash and you wish to report it, you may report it online.
- If you are unsure whether to involve the police after a crash, you can contact Policelink for guidance.
- If the other driver is aggressive, you should call 000 for police assistance immediately.
- Stay calm and provide the police officer with your personal details and relevant information.
- If police attend to an accident, they may provide a police report number, which is useful for insurance and legal purposes.
For reporting or enquiries related to traffic crashes in Queensland, you can contact Citec or Policelink.
Free Claim Review
5. Gather Essential Information
Reliable evidence can help you make a successful insurance claim and meet legal obligations. So, you must follow the steps to document all the required information for insurance claims and follow-up, like:
- The details of all the vehicles involved
- And the police report reference number
Accurate and reliable documentation can significantly impact the outcome of a car accident claim. Here are the steps to collect all essential information:
Exchange Contact Details
In Queensland, you are legally required to provide your personal information to all involved parties in a traffic accident and anyone whose property was damaged. These details include the following:
- Driver’s licence number
- Vehicle registration number
- Names, addresses, and phone numbers
If the other driver involved fails to provide their details, you should call the police to follow up.
Document the Scene
It is crucial to document the accident scene with photographs when safe to do so after a crash. This evidence could be required for a car insurance claim. Other than photos, you should have:
- Videos of damaged property, including vehicle registration numbers
- Images of the crash site and other vehicles from different angles
- Any other relevant details such as the location of CCTV or traffic light cameras
Collect Witness Information
Witness statements provide an account of events that can support an insurance or personal injury compensation claim. So, you should collect the contact details of any witnesses, including their name, phone number, and address.
6. Reporting the Accident
Your car insurance provider should be your primary point of contact after an accident, regardless of who is at fault.
- Depending on the circumstances, some traffic crashes must be reported to a local police station.
- Insurance companies typically require a police report for certain accidents but do not require one for non-reportable crashes. However, a police report is mandatory for a CTP claim.
An approved car insurance claim requires accurate information about the accident, including the following details:
- Location
- Time
- Vehicle details and registration number
- Weather conditions at the time
- Any other contributing factors
Do I Have a Valid Claim?
Contact Your Insurance Provider
You must report the accident to your insurer to start the claims process, even if you’re not at fault. You can usually lodge a claim online or via a mobile app, which makes the claim process easier.
If you caused the accident and have comprehensive insurance, contact your provider immediately.
Providing the insurance company with complete and accurate paperwork, along with proof, will help the claims process go faster.
Order a Tow Truck
If a vehicle is undriveable after a traffic crash, you should order a tow truck.
An insurance provider may arrange for the safe removal of cars from the scene, which helps avoid traffic congestion and further hazards.
If your policy covers accidental damage, your insurer may also arrange towing and repairs as part of the claims process.
7. Legal Advice after a Car Accident
Queensland personal injury laws protect your right to seek legal advice after a traffic crash. That’s because understanding your entitlements can be complicated, especially in multi-vehicle accidents or when contributory negligence is involved.
- Car insurance companies often try to limit their obligation to pay damages, particularly when someone is injured, so timely advice can help minimise complications.
- In Queensland, you have the option to be legally represented in settlement negotiations.
- An experienced motor vehicle accident lawyer can help you understand how the process works.
It’s Free to Know Your Rights
Contacting the CTP Insurance Company
CTP (Compulsory Third Party) insurance is a legal requirement for all vehicles registered in Queensland. This insurance can pay out compensation for injuries or fatalities when others get hurt in a traffic crash.
Every registered vehicle has CTP insurance to operate their vehicle on Queensland roads, ensuring that eligible people injured in a car accident can access support for:
- Medical expenses
- Rehabilitation costs
- Lost income
- Pain and suffering
If you are making a CTP claim, legal advice can help you understand:
- What is covered
- The evidence required to support a claim, and
- The steps to take if you or others are injured in the accident
How to Find the Liable CTP Insurer
- If you caused the accident, you can find your CTP insurer’s contact details on your insurance policy documents or by visiting their official website.
- If the other party is liable, your insurance company will locate and contact their CTP insurer.
- Or, you can use the CTP insurance look-up tool on the MAIC website.
CTP Claims Process in Queensland
There are several steps in the QLD CTP claims process that can provide support and compensation after a car accident.
- First, report the accident to the police, especially if there are injuries or significant damage.
- Next, seek medical attention for any injuries, even if they seem minor at first.
- To start a claim, complete and lodge a Notice of Accident Claim Form with the CTP insurer.
Time Limits for Making a Claim
Australian states may have different deadlines for motor vehicle accident claims, but here are the general deadlines in Queensland. A compensation lawyer or solicitor can advise on the deadlines that apply to your situation.
- You must submit a Notice of Accident Claim Form to the insurer within 1 month of seeing a lawyer or 9 months from the date of the accident.
- The time limit for claiming compensation for car accident injuries in Australia is 3 years, but it may vary by state.
- If the vehicle is unidentifiable, you must submit your claim to the Nominal Defendant within 3 months (or 9 months with an accepted reason for delay) or you will lose your right to claim.
For property damage or other types of claims, different time limits may apply. So check your policy terms and conditions.
Missing these deadlines can result in your claim being rejected, so you must keep a record of the:
- Accident date
- Parties involved
- And all correspondence
Acting quickly can help ensure you meet all time limits and protect your right to claim.
Determining Fault and Compensation
Determining fault in a car accident is generally the responsibility of insurance companies or legal representatives or police. This step is vital because who is at fault affects liability for damages and the right to claim compensation.
- Evidence that helps prove blame includes the location of vehicle damage, road markings and witness statements.
- In situations where drivers share responsibility, each will be assigned a level of contributory negligence, which affects the amount of compensation they may receive.
- Legally represented clients can expect their legal team to contest their level of contribution.
- In a dispute, presenting clear facts and evidence is essential to determine fault, because the burden of proof lies on the claimant to demonstrate the negligence of the other driver.
Eligibility to Claim Compensation
You may be eligible to claim damages after a car accident that was entirely or partly not your fault. Approved personal injury claims can cover economic and non-economic losses such as:
- Lost income and superannuation
- Medical expenses
- Pain and suffering
- Travel costs and other out-of-pocket expenses
- Cost of home care
The Car Accident Compensation Lawyers offers a free case analysis that can explain your entitlements and next steps. Furthermore, all our accident claims legal services are funded on a 100% no-win, no-fee basis. Pay for a win and zero if you lose. Call 1800 860 777
Emotional Support After a Motor Vehicle Accident
Being involved in a motor vehicle accident can be a traumatic event that affects not only your physical well-being but also your emotional and psychological health. Depending on the severity of the incident, you could feel the following emotions:
- Overwhelmed and anxious
- Depressed and stressed
- Or experience some PTSD symptoms
Meeting with a qualified road trauma psychologist can help if a person is having trouble coping after an accident.
What to Do After a Car Accident FAQs
What is the procedure for a minor car accident in QLD?
A minor car accident in Queensland involves
- No injuries to all persons involved in the accident
- Property damage of less than $3,000
In this situation, you do not need to contact the local police station, but you should contact your insurance company.
What is the first thing you do after a crash?
Immediately following a road accident, you should:
- Move the vehicles to a safe location and turn on your hazard lights
- Then check all parties involved in the accident for injuries and call for emergency help if required
Remember not to admit fault if you weren’t to blame for the traffic crash, as this will impact your compensation entitlements.
How much does insurance go up after a minor accident in Australia?
Car insurance premiums generally rise after a minor accident, with several factors determining how much they increase, particularly who caused the accident.
- A not-at-fault claim could have no rise or a low increase
- An at-fault claim will usually have a larger increase
Car insurance companies will consider the driver’s history, policy terms and conditions and the amount of damage when making premium decisions.
Do you need to call the police after a car accident in Queensland?
You are required to call the police in Queensland after a traffic crash in these circumstances:
- There is a death or severe injuries that need medical attention
- Significant vehicle damage that requires a tow truck
- The other driver refuses to exchange information
- The other party appears to be under the influence of drugs or alcohol
Can I claim compensation if the other driver is uninsured?
You could be eligible to claim compensation for a traffic crash with an uninsured driver. In this case, you claim against the Nominal Defendant, who takes the place of a CTP insurance provider.
What should I include in my insurance claim?
Your insurance claim should include:
- A dated statement detailing the accident
- Accurately completed claim form
- Supporting evidence such as photos and videos of vehicle damage
How do I document the accident scene?
To effectively document the accident scene, you should:
- Note the time, date and location of the crash site, and current weather conditions
- Take clear photos and videos of the vehicles and damage from multiple angles
- Also, take pictures of any tyre or skid marks on the road and surrounding traffic signs
- Collect contact information from any witnesses
How does insurance work if the traffic crash isn't your fault?
If you’re involved in a road accident that wasn’t your fault, the other driver’s insurance company is responsible for covering damages such as vehicle repairs and medical expenses.
