What to do if you have been involved in a motor vehicle accident?
Being in a motor vehicle accident can be very unsettling and can often cause shock to those involved. In some accidents, the passengers are fortunate to escape without injury. For others however, a motor vehicle accident can cause life changing injuries that require ongoing treatment and rehabilitation.
As personal injury lawyers, we become involved at a later stage when our clients require legal advice regarding their rights and entitlements.
The purpose of this article is to provide some useful tips as to things that we identity as being helpful at the time of the accident, or shortly afterwards.
Some essential things to keep in mind are: -
CHECK ON THE OTHERS AND DO NOT LEAVE THE SCENE
Make sure that the passengers and the driver of the other vehicle are not injured and needing immediate medical treatment. If they are, render assistance or call emergency services. If someone is complaining of pain, do not move them until emergency services arrive.
You should never leave the scene until you have exchanged information with any other driver involved and in the accident. If you are at fault, do not flee the scene as there will be serious criminal charges applicable to you.
CALL THE POLICE
Police will attend certain crash scenes. They must attend a scene where someone is killed or injured, a party fails to stop and exchange particulars, or a driver is allegedly under the influence of alcohol or drugs. This criterion is known as the “Major Traffic Crash” criteria.
Where crashes do not meet that criterion, Police will still attend if they are needed to direct traffic or deal with hazards, if a bus or truck needs to be towed, if there are hazards present (e.g. leaking fluids, damages to power poles, etc) or there are other issues requiring Police attendance, such as aggressive behaviour.
If Police attend the scene, they will allocate an Event Number. You should ensure you record this number.
If Police do not attend and you experience symptoms following the accident, it is important that you phone the Police Assistance Line on 131 444 within 28 days of the accident and be allocated a Police Event Number.
OBTAIN DETAILS AND TAKE PHOTOS
You should get the names, numbers, addresses, drivers licence numbers, licence plate numbers and basic insurance information from all drivers involved. If there are passengers, also obtain their names, numbers, and addresses.
Where relevant, take photographs of any damage to your vehicle as soon as possible after the accident. It can often assist in demonstrating the extent of the impact when compared to a ‘before’ photo of your vehicle. The photos will also assist where there is an argument as to who was at fault and can be used in Court and/or relied upon by traffic experts.
COLLECT THE DETAILS OF ANY WITNESSES
It can often be the case that following a motor vehicle accident, the question of who was at fault can be a contentious issue. If fault is likely to be an issue, it is advisable to get the details of any witnesses who may have seen the accident. You should get their name and number as they may need to be spoken to later to provide a statement. A witness can often be a neighbour or another motorist who have stopped to assist.
STAY CALM AND BE MINDFUL OF WHAT YOU SAY
Try to stay calm and be polite when dealing with the other driver/s, particularly where they have been at fault. It can be a stressful situation for all involved. When speaking with any other person, never make any admission or guilt and/or apologise for being at fault as the issue of fault may not be clear. Any admission you make at the scene could be relied upon by the other driver and impact your own insurer covering you for property damage.
CALL YOUR INSURER
As soon as practicable, call your insurer and inform them of the accident. Cooperate with them and explain the facts clearly, as well as the extent of your injuries. You do not want to mislead them in any way – they could rely upon this later and withdraw your cover if they find out that you have not been truthful.
SEEK MEDICAL TREATMENT
If you have sustained any injuries or if symptoms persist following the accident, it is important to seek medical advice from a hospital and/or your General Practitioner as soon as possible. We find in many of these cases, the sooner you obtain treatment, the sooner you will recover from your injuries and lessen the potential for the injury to have long term, permanent impacts upon you.
It is often helpful to see your family GP who is familiar with you and your medical history. Make sure you tell your GP about all of your injuries as it is often the case that we focus on those injuries which are causing the most pain at that time. You should ensure that all injuries are listed on the SIRA Certificate of Fitness.
It is also important to start to document your symptoms and the difficulties you are experiencing, such as in a diary or daily journal. This will assist your treatment providers and specialists, as well as your lawyer if a claim is made at a later stage.
LODGE YOUR PERSONAL INJURY CLAIM FORM WITH THE CTP INSURER
It is important that you have notified Police of the accident and you have twenty-eight (28) days in which to do this.
To make a claim for personal injury benefits, you can apply online using your Service NSW Account. You can also apply by completing an ‘Application for Personal Injury Benefits’ form and sending it to the CTP insurer. After you notify the insurer, you should contact them to seek approval for treatment.
You should aim to lodge your claim within twenty-eight (28) days of the accident, particularly if you wish to claim ‘back pay’ for loss of income. If you miss this timeframe, you have three (3) months in which to lodge the claim.
If you expect your medical expenses to be greater than $5,000.00 or your recovery may take longer than six (6) months, you should make a claim. Even where you are at fault, there are some limited benefits available to you through your own insurer, specifically the first $5,000.00 of treatment and lost income for the first six (6) months following accident.
The relevant forms and additional information on how to lodge a claim can be found at www.sira.gov.au.
GET PROPER LEGAL ADVICE
If the injury is serious and it is likely that you will have ongoing loss of income and treatment needs beyond the first six (6) months, you should seek legal advice. Most personal injury lawyers in New South Wales offer ‘No Win – No Fee’ agreements and an initial free consultation so that you can be properly advised on your entitlements.
If you have been involved in a motor vehicle accident and need advice, contact our friendly team today who will be more than happy to assist.