|
Where am I now? Lawlink > Home > Car accidents
|
Print page
|
Car accidents
This topic deals with accidents involving cars and other vehicles (such as bicycles, motorbikes, and buses), that can be driven or ridden on a road. It can help you if:
- you have been in a car accident
- your car or another person’s car has been damaged in a car accident
- you are not insured or you do not want to claim on your insurance
- you don’t have a lawyer.
 LawAssist can’t help you with claims for injuries you may suffer as a result of a car accident. For more information, see Injuries or go to the Motor Accidents Authority website.
 The NSW Road Rules set out the traffic laws that must be obeyed and the penalties for breaching them. For more information, go to Legislation NSW.
What happens after a car accident?
If you have a car accident, there are some things you may want to think about:
- what you should do after an accident
- when you should contact your insurance company
- when you should contact the other driver's insurance company
- what you need to think about when deciding who is at fault
- whether you need to start a court case or
- whether you should defend a court case.
What to do after an accident
To help you deal with any claims or court cases after an accident, you could:
- report the accident to the police
- exchange details with the other driver
- get witness details
- gather evidence
- get repair quotes
- contact your insurance company if you are insured.
You should not admit to the other driver that the accident was your fault as this may affect any future court action or your insurance claim.
For more information, see What to do after an accident.
Insurance
What happens after the accident may depend on:
- whether you or the other driver have insurance and
- the type of insurance either of you have.
For more information about different types of insurance and dealing with your insurance company, see Insurance.
Who is responsible?
The driver of a car who caused an accident is not always fully responsible for paying for the damage. Sometimes the person responsible may be:
- a car owner, such as an employer or a parent
- a car hire company
- a taxi, bus or truck company.
In some cases, the accident may involve a bicycle or an animal.
For more information, see Who is responsible?
Are you owed money after a car accident?
A driver at fault may owe you money after damaging your car or other property in an accident. If you are trying to claim money, see Owed money after a car accident?
Before you decide if you want to start a court case, you should consider the strength of your claim by getting Legal advice. If you lose the court case and the defendant has a solicitor or barrister appearing for them, you may have to pay some of the legal costs of the other party. For more information, see Legal costs.
Any claim must be made within 6 years after the date of the accident.
Are you being chased for money after a car accident?
A person, or their insurance company, who thinks you were at fault in an accident may claim money from you for damage to their car or other property. If this happens to you, see Being chased for money after a car accident?
Before you decide if you want to defend a court case, you should consider the strength of your defence by getting Legal advice. If you lose the court case you may have to pay the filing and service fees and other costs in addition to the amount you owe. If the plaintiff has a solicitor or barrister appearing for them, you may also have to pay some of their legal costs. For more information, see Legal costs.
Any claim must be made within 6 years after the date of the accident.
Forms
When you go to court there may be a number of forms that you have to fill out, file with the court, and give to the other party. LawAssist provides a number of instruction and sample court forms as well as other documents such as letters of demand and terms of settlement.
For more information, see Forms - Car accidents.
|
|
