Motor Vehicle Accidents

## What are your obligations?

If you hit someone
or something, the first thing you should do is to stop and check on
that person or that thing. This is because, if you knowingly fail
to stop and help, you commit an offence with severe penalties1.
Note that if you hit a person, a thing (other than another vehicle)
or an animal, you would only be obliged by law to stop and help if
the person2
or animal3
is injured or the property is damaged4.
Nonetheless, you should stop and check immediately after crash, because it is often not clear at the
time of accident as to whether the person or animal is injured or if
the property is damaged.

Also, you only need
to do what is necessary and in your power1.
That means, for example, if you don’t have your mobile with you
when the crash happened and someone required an ambulance; you
wouldn’t be required to call the ambulance instantly. However, you
do have to try to somehow find a phone to call the ambulance as soon
as possible.

Then you have an
obligation to inform the police about the accident within
24 hours2.
To do that, you could fill in the Online
Crash Report Form. For the purpose of the Form, you will need:
1) your drivers license; 2) vehicle registration detail; 3) details
about other people involved in the crash. After having filled the
Form, remember to keep a copy of it for insurance purposes. If the
police attended the incident, you will need to request
for information from them (subject to a
fee ranging from $15 to $38) so that you would have the
information for insurance purposes later. Alternatively, you could
report the accident by going to a police station in the ACT3.

== Are you entitled to payments from your
compulsory third-party (CTP) insurance policy? ==

Your car and most of
the other vehicles in the ACT are insured, because it is an offense
to drive an uninsured vehicle1.
A CTP insurance policy covers the driver2
and someone vicariously liable for the driver3
(most likely your employer, if the accident was in the course of your
employment4).

You can’t claim
CTP insurance entitlements for all accidents. You are only entitled
to claim, if the accident was a motor accident5.
For the accident to be a motor accident, it must: 1) involves the
motor vehicle6;
and 2) causes a personal injury7.
Notably, (1) includes the situation when your car goes out of
control8
or when you swerve to avoid hitting another vehicle9.
Also, it’s legally possible to have a motor accident if your car is
not moving10,
towed (only if the car is uninsured)11,
or the trailer of your car hits someone or something12.
Personal injury here includes not only physical and psychological
injuries13
and death14;
but also damages to things like contact lenses, hearing aids and a
wheelchair15.

However, even if
there is a personal injury caused by a motor accident, in some cases,
you might not be able to get your CTP insurance entitlement. You
should seek independent legal advice if you suspect that this might
be the case, as the law in this area is complicated. Examples
include:

* acts of terrorism16;

 \*and/or17
 \*the injured
 person has done something which has contributed to his/her injury
 (examples: drink-driving; not wearing a seat-belt and

* etc.)1;

 the amount of compensation depends on how much the injured person
 has contributed to his injury; and/or
 \*involves a
 Lifetime Care and Support2
 (LTCS) scheme3.

== How to claim your entitlements under a CTP
policy ==
1) If the car is
insured under a CTP, then you should file a Motor
Accident Notification Form4,
and (if possible), a police report on the accident5,
to your CTP insurance provider. For this purpose, it is also vital
that you notify the police on time (see above at part 3 of this
factsheet)6;
and, if possible, file a police report. In this case, you are
entitled to $50007
for any medical expense regardless of whether you are later to be
found at fault or not8.

2) Once you have
lodged the claim with your CTP insurance provider, you are not
supposed to act on your own9.
In particular, you should not: 1) admit liability10;
2) seeking to settle with the other party11;
3) make a payment in relation to the accident12.

3) If you think your
CTP entitlements didn’t cover all your losses, you could still
initiate a court proceeding. To do that, you must first file a notice
of claim at the court13.

## Timeline for claiming compensation

  Immediately after the crash
  Within 24 hours
  Within 30 working days14
  The earliest time of the followings:
 1) One month after the day the other
 party to the accident is identified15;
 2) One month after the day you first
 consult a lawyer16;
 3) 9 months after the accident
 happened17;
 4) 9 months after you first discover
 any symptom from your accident18.

  Within 3 months19
  If you are an adult at the time of
 the crash: within 3 years after the crash20;
 or within 3 years after the first symptom caused by the crash
 appears21.

 If you are below 18 at the time of the crash: within 6 years
 after the crash22;
 or within 6 years after the first symptom caused by the crash
 appears23.
 be initiated.

 intended as a general guide only. Readers should not act on the
 basis of any material in this publication without first getting
 legal advice about their particular circumstances.

 If you would like more information,
 please contact Welfare Rights and Legal Centre on [phone number]
 or [email];

 © Welfare Rights and Legal Centre
 Ltd, written by Xiaofan Bi, an undergraduate student in the Law
 InfoHub Program under the Law Reform Social Justice Group at the
 College of Law, Australian National University.

 Not to be reproduced without
 permission or acknowledgement.
 Last updated: 12 December 2014