Car Parts and Accessories

If you are unfortunate enough to be involved in an accident, there are a number of things you are legally obliged to do. It is also important to know what your insurance policy requires you to do in the event of an accident.

Some insurance policies require that you don’t admit that the accident was your fault and that you must do your best to get the names and addresses of possible witnesses.

These aren’t legal requirements, but if they are not carried out, your legal rights against the insurance company may be affected.

• The driver of a vehicle is the person who takes out the vehicle, and he or she remains the driver until the journey is finished. This still applies even if the vehicle was parked and not occupied at the time of the accident.
• Legally, a driver involved in an accident must stop if anyone is killed or injured, property damaged or any farm or domestic animal is injured or killed.
• The duty to stop means you must stop for long enough to give help or information. Once stopped the driver must volunteer his or her name, address, the vehicle’s registration number and the owner’s name and address to anyone involved in the accident and to the police. Failing to stop after an accident is a serious offence, and can lead to a heavy fine or imprisonment. (The only time when an offence is not committed by failing to stop is if the driver does not know there has been an accident.)
• If a parked car has been hit and the owner is not present, the driver’s name, address and registration number should be left on a note attached to the car.
• A driver also has a legal obligation to move all glass and debris from the road. (If the driver is badly injured, the person who takes the car away must clean up.)
• III If no-one was hurt in an accident the duty to report it depends on the amount of damage which was caused. (In New South Wales it must be reported if the total damage is worth more than $500.)
• Although as the driver you must tell the police the date, time, place and nature of the accident, you don’t have to tell them how the accident occurred if you think you may be in any way to blame, because this may affect your insurance policy.
• The police might ask for either an oral or written statement but at the scene of the accident it is usually more sensible to politely refuse, especially if you think the accident was your fault. It is quite within your legal rights to do this, and you are under no obligation to sign a statement.
• If the accident is obviously the other driver’s fault you may wish to tell the police what happened. If the police do take down a written statement make sure it is accurate and tells clearly what happened before you sign it.

  

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