What to Do After being injured in a Car Crash

Being injured in a car crash can be a traumatic and stressful event, especially when it results in severe injuries and financial concerns. The physical, emotional, and financial impact can leave you feeling uncertain about the next steps. However, understanding the correct actions to take after a car crash is essential for your immediate recovery and the protection of your legal rights.  

By taking a clear process, you will be better equipped to handle the situation with confidence, making sure you take every necessary step to secure compensation and the support you need throughout your recovery. 

When to Report the Accident to the Police 

Depending on the severity of the accident and the circumstances surrounding it, if you are injured in a car crash, you may need to report to the police. You are required to report the incident if it involves any of the following situations: 

Death or Injury 

If the accident resulted in any fatalities or injuries that require immediate medical attention, it is crucial to report the incident. Injuries that demand care from a qualified ambulance officer, nurse, or doctor must be reported to the authorities. Even if the injuries appear to be minor at first, it’s important to let the police document the event, as some injuries might worsen over time and could be significant for insurance claims or legal purposes. 

Suspicion of Drugs or Alcohol 

If there is a reasonable suspicion that any driver involved in the accident was under the influence of drugs or alcohol, it must be reported to the police. Driving under the influence is illegal and dangerous, and the police will investigate the matter to determine whether intoxication played a role in the accident. In this case, the police may conduct sobriety tests or request that drivers provide a breath sample. It’s vital to report this immediately to ensure a proper investigation is carried out. 

Failure to Provide Details 

If one of the drivers involved in the accident fails or refuses to provide their necessary details such as their name, address, driver’s license number, vehicle registration, and insurance information the incident must be reported to the police. It is illegal for a driver to leave the scene of an accident without providing this information. Reporting this to the authorities ensures that they can follow up and take appropriate action against the driver who refuses to comply with the law. 

Reporting these types of accidents is essential for legal, insurance, and safety purposes, ensuring that the incident is properly documented, and any necessary investigations are initiated.

Handling Towing After Being Injured in Car Crash 

If a vehicle involved in the crash needs to be towed, you are required to report the accident to the police as part of the procedure. This ensures that all legal and safety requirements are met, and that the proper documentation is filed. Depending on the situation, there are several methods for reporting the crash: 

• Online Reporting: The Queensland Government provides an official online platform where you can report the accident. This is often the quickest way to notify authorities, especially if you’re unable to visit a police station in person. 

• Calling Policelink: Another option is to call Policelink at 131 444. This line is available 24/7 for reporting traffic incidents, including those that require towing. You’ll be connected to a trained operator who will guide you through the reporting process. 

• At a Police Station: If you prefer, you can go directly to your local police station to report the crash. If the crash is eligible to be reported online or via Policelink, a police officer or staff member will assist you in completing the necessary steps, ensuring that the report is filed properly. 

You have the right to choose any towing company to transport your vehicle after an accident. Under Section 20 of the Tow Truck Regulation 2009, tow truck drivers must adhere to specific conduct standards at the scene of a crash. 

Reporting the accident after towing will facilitate insurance claims, especially when the damage to vehicles or property is significant. It’s important to ensure all parties involved follow these procedures to ensure a smooth claims process and proper legal documentation.

Accidents That Fall Outside of Reporting Requirements 

If your crash doesn’t meet the criteria for a “reportable crash” (for example, there are no injuries or significant damage), but you still want to create an official record with the police, it’s important to take certain steps. Even when a crash doesn’t require a mandatory report, documenting it can be beneficial for both legal protection and future reference. 

• Submit an Online Notification: You can submit a notification about the incident on the online platform previously provided. This is an efficient and straightforward method to inform the authorities of the crash. The online form allows you to quickly submit the details without needing to visit the police station, giving an official record of the event.

• Keep a Record: Although the crash may not be classified as a reportable accident, it’s still important to keep a personal record of the incident. Having documented proof that you reported the crash to the authorities can serve as a safeguard if any issues or disputes arise later. Maintaining this record could be essential should the situation change or new details surface. 

Taking these steps ensures that you fulfill your legal obligations, even when the crash does not meet the threshold for mandatory reporting. By keeping a documented record, you can protect yourself from potential future complications.

Key Details Needed for Reporting a Traffic Crash 

If you’ve been injured in a car accident, your incident report ensures a thorough investigation and facilitates any subsequent insurance claims. Here’s a detailed guide on the information you’ll need to provide:  

Essential Information for Reporting a Traffic Crash: 

• Date and Time of the Crash 

• Precise Location 

• Description of the Incident 

• Personal Details 

• Vehicle Information 

• Other Parties Involved 

• Damage Assessment 

• Injury Details 

• Environmental Factors 

If the person involved in the car crash is severely injured and cannot provide the necessary information or report the accident, there are specific procedures to ensure the incident is properly documented and managed.

Legal and Insurance Considerations 

If the injured party is unable to report the accident, their legal representative or insurance company can act on their behalf. This may involve: 

• Contacting the police to obtain the official crash report, which serves as evidence for insurance claims. 

• Informing the insurance company as soon as possible to initiate the claims process. Insurance companies typically require the official police report, medical records, and information about vehicle damages. 

• Assigning a legal representative to handle ongoing legal matters, including compensation claims for medical expenses, property damage, and other losses resulting from the accident.

What Family Members or Friends Can Do 

If a loved one is severely injured and cannot fulfill the reporting requirements: 

• Family members or trusted friends can assist by gathering relevant information, such as the injured person’s insurance details, medical reports, and any witness contacts. 

• They can communicate with the police and insurance company to ensure that the incident is properly documented and processed. 

• If the injured person is hospitalised or unable to communicate, medical power of attorney or legal guardianship documents may be needed to act on their behalf. 

These procedures ensure that the accident is thoroughly documented, protecting the legal and financial interests of the injured party even if they cannot personally provide the required information.

Handling Insurance Claims & Disputes After Being Injured in a Car Crash 

How to Strengthen Your Claim 

To maximise your chances of receiving fair compensation, you need to be strategic on the following points: 

• Keep Detailed Medical Records and Receipts: Document all medical visits, treatments, prescriptions, and rehabilitation expenses. This creates a record of your injuries and recovery process, demonstrating the financial impact of the accident. 

• Obtain Police and Accident Reports: Request copies of the official police report and any accident scene documentation. These reports provide an unbiased account of the incident and can support your version of events. 

• Document All Communication: Keep a record of all communication with insurers, legal representatives, and healthcare providers. This includes emails, letters, phone call logs, and any agreements or statements made. Having detailed documentation protects you if discrepancies arise later. 

• Photographic Evidence: Take photos of your injuries, vehicle damage, and the accident scene. These images can serve as powerful evidence in validating your claim. 

• Witness Statements: If there were witnesses, get their contact information and statements. Witnesses can corroborate your account of the crash, strengthening your case.

Why Legal Assistance Matters 

Without legal support, you may feel pressured into accepting a low settlement or be unaware of the full compensation you’re entitled to. An experienced lawyer can: 

• Interpret Complex Policy Language: Insurance policies can be confusing. A lawyer will help you understand your rights and obligations under the policy. 

• Negotiate Effectively: Lawyers know the tactics insurers use to minimise payouts. They can negotiate on your behalf to maximisze your settlement. 

• Represent You in Court: If necessary, a lawyer can take your case to court, presenting evidence and arguing your case to ensure a fair outcome. 

Ultimately, with the right legal support, you can confidently navigate the claims process and ensure that your rights are protected, maximising the compensation you’re entitled to.