As of October 15th 2014 NSW Police introduced new rules regarding when to report a car accident to the police.
The changes have been made to reduce the need for the public to call the police when they have a car accident; and in an effort to reduce “red-tape” around police reporting.
After Oct 15th police will only be required to attend and investigate road crashes if they meet one or more of the below criteria:
- A person is killed or injured
- Parties fail to exchange particulars
- A driver appears to be under the influence of alcohol or drugs
If any of the vehicles need to be towed and none of the above criteria apply, then drivers can organise their own towing and later report the crash to the Police Assistance Line on 131 444. This will avoid drivers having to wait for police to attend before getting their vehicles towed. This should speed up the process to get vehicles, drivers and passengers off the road and therefore reduce the risk of any secondary crash and injury.
Traffic and Highway Patrol Commander, Assistant Commissioner John Hartley says about the new changes “It also better utilises police resources, who will now be diverted into broader road safety initiatives and other investigations.” Mr Hartley reassures the community however that if in doubt drivers should still call the Police Assistance Line on 131 444.
What if there is a Fatality or an Injury?
You should call Triple 000 in an emergency and/or the Police Assistance Line on 131 444.
They will provide you with the appropriate help and advice over the phone and on-site.
Once everyone is safe and the dust has settled, it is advisable to contact a solicitor who can act on your behalf for compensation due to any injuries suffered. For the driver not at fault there is potential personal injury compensation under the Compulsory Third Party “Greenslip” insurance scheme. You must report your car accident and injury to the police within 28 days and note down the event number – you will need this to make your claim. Followingyour police report there is a 6 month time limit within which you must lodge your claim with the Insurer.
Using a solicitor to act on your behalf will take the headache out of the administration and vastly improve your chances of receiving an appropriate and equitable settlement amount from the Insurer. Personal Injury solicitors are experts in this area and specialise in the negotiation process to make sure you as the injured person are compensated fairly. The personal injury solicitor has your interests as the injured person absolutely foremost.
Frequently Asked Questions
A: In a carpark, anyone driving in the lanes has the right of way, so if you’re the one pulling out of the car space and hit another motor vehicle, you are likely to be the majority at fault in the accident. However, since both cars are moving, both drivers might hold some responsibility. But if you hit a parked car, you are likely at fault.
A: The length of time you have to make your claim depends on the jurisdiction.
For instance:
- TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical and you may have more than one TPD claim.
- Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out of time claims may be made. New NSW CTP laws have made it difficult for injured people and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
- Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out of time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
- Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.