Involved in a motor vehicle accident? What are my obligations?

by The FindLaw Team

Involved in a motor vehicle accident? What are my obligations?

If we took a moment to think about it, sometimes it’s amazing with the amount of drivers on the road that accidents don’t occur more frequently. However with that being said, there may be times when our luck does run out and we’re involved in a motor vehicle accident. So what are the obligations of a person who is involved in a prang? There are a number of general duties involved that this piece will broadly cover.

All jurisdictions will have laws in place relating to the obligations of a driver involved in a car accident. For our purposes, we’ll use r.287(2) of the Road Rules 2008 (NSW) as our example, with the regulation setting out what actions a driver should undertake if they are involved in an accident. In the event of an accident, a driver should stop at the scene of the crash and provide their name, address, registration number, and any other information necessary in identifying the vehicle (the required particulars), within the required time, and if practicable, at the scene of the crash, to:

  • the other driver, or their representative, involved in the crash; and
  • any person involved in the crash who is injured, or their representative; and
  • the owner of any property (including any vehicle) damaged in the crash, the particulars are given to the driver, or their representative.

In the event that a police officer is present, the driver must provide to the officer the required particulars if:

  • a person is killed or injured in the crash; or
  • the driver does not, for any reason, provide the particulars to drivers, any injured person, and owners and/or representatives of the drivers and owners as set out above; or
  • a vehicle involved in the crash that is towed or carried away; or
  • the police officer makes a request for any of the required particulars.


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