Car accidents

The driver in an accident m​ust stop and give help to anyone who is injured. It is an offence not to stop and give an injured person assistance.

Not all accidents have to be reported police. You must report a car accident to police when:

• ​​a person was killed or injured​
• a driver did not stop and give their details to the other driver or drivers
• a vehicle was towed away after the accident.

You can report the accident to the police by:

• calling 000 while you are still at the scene of the accident
• going to a police station
• calling the Police Assistance Line on 131 444.

You must report as soon as possible and within 24 hours, unless there are exceptional circumstances. It is an offence if you do not.

If someone is killed or injured as a result of the accident, you should get legal advice​ before making a statement to the police.

When you report the accident to the police, you will be given an Event Number beginning with the letter E. Write this down – you may need it later if you decide to request a copy of the police report.

When will police attend the scene?

Police will not always attend the scene of an accident. They have guidelines about when they will and will not attend. The police are likely to attend the scene of an accident where:

• someone is trapped, killed or injured
• drivers have not exchanged details
• a driver appears to be affected by drugs or alcohol
• police need to direct traffic or deal with hazards, or
• a bus or truck needs to be towed
• a driver appears to have committed a serious traffic offence, for example, driving unlicensed or learner driving without licensed supervisor. 

In these cases, you may call 000 so that the police can attend the scene.

If someone is killed or injured as a result of the accident, you should get legal advice before contacting the police.

If only a car needs to be towed away and no-one is injured or affected by drugs or alcohol, the police do not need to attend the scene. 

You must exchange details with the other driver and report the crash. You can report the accident after you have left the scene by calling the Police Assistance Line on 131 444. 

For more information on when and how to call the police, see Road Safety on the NSW Police Force website.

After a car accident you must stop and exchange details with the other driver or drivers.​

Under NSW Road Rules, drivers involved in an accident must stop at the scene of the accident and give their details to the following people, where pos​sible: 

• ​​any other driver involved in the accident
• any other person involved in the accident who is injured
• the owner of any property or vehicle damaged in the accident. 

What you need from the other driver

If you had an accident with another car, you should ask the other driver to show you their driver licence. Look at the back of the licence, to see if they have a new address.

Under NSW Road Rules, you must exchange some details. These include: 

• ​the driver's name and address
• if the driver is not the owner of the car, the name, address of the person who owns the car
• the car's registration number
• any other information necessary to identify the car.

It is an offence to not exchange details. 

You should also find out and write down:

• the driver's phone number
• the make, model and colour of the car 
• the other car's insurance policy details.

When you are talking to the other driver, you should not admit that the accident was your fault as this may affect any claim on your insurance.

What you can do if you did not get details

If the other driver did not give you their details, there are other ways you can find out this information. You can:

• ​contact the police officer who attended the accident
• ask for a copy of the Police Incident Report
• make an access application to Transport for NSW for the details of the registered operator. 

For more information on getting the other driver's details, see Identifying the other party.  

If you have a court case related to your accident, you can apply for a subpoena to get the other driver’s details.  

If the other driver will not exchange details, you should make a note of the other car's registration plates and report the accident to the police within 24 hours.

If you were injured in a motor vehicle accident before 1 December 2017, you may be able to claim a payment of up to $5,000 if you were the driver at fault. If you were partly at fault your claim could be reduced.  

If you were not at fault, you may be able to claim compensation for treatment and rehabilitation expenses, loss of future income and non-economic loss, also known as pain and suffering. 

For more information, see The accident happened before 1 December 2017 on the SIRA website. 

If you were injured in a motor vehicle accident between 1 December 2017 and 31 March 2023, you may be able to claim income support payments and medical expenses. 

For more information, see The accident happened on or after 1 December 2017 on the SIRA website. 

If you were injured in a motor vehicle accident after 1 April 2023, you may be able to claim income support payments, medical expenses and other benefits.

For more information, see The accident happened after 1 April 2023 on the SIRA website. 

It can be difficult to work out if someone is an employee or an independent contractor. For example, a person might be an employee if they: 

• ​​​​​get sick leave and annual leave
• have tax deducted from their pay by the person paying them
• are supplied with tools and equipment
• are told what hours to work
• fill out timesheets
• are directed when and how to perform​ the tasks of their job
• receive superannuation contribu​tions from their employer
• are covered for workers compensation by their employer. 

​Working out whether you are an employee or an independent contractor can be complicated. If you are unsure you should get legal advi​ce. ​

If you are an independent contractor and you caused a car accident, you should get legal advice. 

An independent contractor who causes an accident while driving a car belonging to the person that contracted (hired) them, may be able to claim that the person who contracted them is liable. 

If you are an independent contractor and you caused a car accident, you should get legal advice. 

If you are an employee driving your own car but you are driving for your employer's purposes, your employer may be liable. This is called 'vicarious liability'. 

If your employer doesn't accept responsibility for a car accident you were involved in, you should get legal adv​ice.  

If you caused an accident while driving for work, your employer may be responsible for the damage you caused to another car or property. This is called 'vicarious liability'. 

Your employer will usually be responsible if you were driving the car for work purposes, for example, if you were driving the car to pick something up for your employer. 

Sometimes your employer may not be liable for an accident you caused whilst driving for work. Your employer will usually not be liable if: 

• ​​the accident involved your 'serious or wilful misconduct' such as driving while drunk or intentionally causing the accident
• you used the car in a way that was not permitted by your employment agreement, such as allowing your partner to drive the work car
• you were using the work car for your own purpose, such as picking up your friend from the airport.

If your employer is responsible for an accident caused by you, the owner of the other car can still claim against you. If your employer does not accept responsibility you may be able to make a claim (called a 'cross-claim') against your employer.

If the owner of the other car says you should pay for the damage you caused while driving for work, you should get legal advice.

If your employer is responsible for an accident caused by you they usually cannot claim against you for the damage to their car or the other car.

If your employer, their insurance company, or another driver is claiming the cost of repairs from you, you should get l​egal advice.