If you were injured in a car accident in WA, a crash report is a necessary first step. This article covers what you need to know about crash reporting in WA.
Table of Contents
- How do I make a crash report?
- How long after a crash do you need to report it?
- Do I have to report a car accident?
- What should I do if I get in a car accident in WA?
- How do I report a car accident in WA?
- When should a road traffic accident be reported?
- Should I report a car accident to the police?
- What do you do in a minor car accident?
- Is it an offence not to report a car accident?
- What happens if you leave the scene of an accident?
- Is it illegal to drive off after hitting a car?
How do I make a crash report in Western Australia?
If you are involved in a vehicle crash in Western Australia. Involved parties should report the crash to the police regardless of the injuries involved.
- If the Police do not attend a car accident, then a crash report can be made online through crashreport.com.au.
- If the Police do attend a traffic crash, then it is usually not necessary to complete the crash report online. The Police will usually provide the people involved in the traffic crash with an incident report number which can be used to refer to the Police attendance at a later time.
In some serious accidents the drivers of the cars involved may be asked to attend a police station and make a statement to the local police regarding the motor vehicle accident.
How long after a crash do you need to report it?
If you are the owner or driver of a vehicle in a crash, you must report it as soon as practicable after the crash. Failure to report the accident may result in the following:
- Section 56 of the Road Traffic Act 1973 states that if a vehicle driven by a person is involved in an incident occasioning bodily harm to that person or another person, the driver must report the incident forthwith to the police. If the incident is not reported the driver involved may be prosecuted.
- The Insurance Commission may say that you have not complied with the provisions of the Motor Vehicle (Third Party Insurance) Act 1943 and are therefore not entitled to compensation.
Do I have to report a car accident?
If you want to make a claim for compensation then you must report the accident to the Police and the Insurance Commission of Western Australia.
Section 29 of the Motor Vehicle (Third Party Insurance) Act 1943 says that a person shall not be able to recover compensation for an injury caused by a car accident unless the person proposing to claim the damages or some person on his behalf has given to the Insurance Commission of Western Australia, as soon as practicable after the occurrence giving rise to the claim, notice in writing prescribed by the regulations of his intention to make the claim.
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What should I do if I get in a car accident in WA?
After you are in a car accident you should do at least the following:
- Take photographs of the accident scene and the vehicles involved;
- Take photographs of the property damaged in the accident;
- Note the road features and road alignment and take photographs;
- Take a record of the precise location of the accident;
- Note the date and time that the incident occurred;
- Collect personal details (e.g. name, address, phone number) of the parties involved;
- Find out the insurance company of the involved parties;
- If you are injured, you should present at a doctor or hospital for medical treatment.
How do I report a car accident in WA?
If you have sustained injuries as a result of a car accident in WA you should report it to the Police and also report it to the Insurance Commission of Western Australia (ICWA).
If you’d like to make a motor vehicle injury compensation claim, you can lodge a claim with ICWA using a Notice of Intention to Make Claim Form.
Please note, a personal injury claim for motor vehicle accidents will only be successful if you are not at fault for causing the accident. This article discusses who is at fault for an accident in detail.
When should a road traffic accident be reported?
Section 56 of the Road Traffic Act 1974 states that if a vehicle driven by a person (the driver ) is involved in an incident occasioning bodily harm or property damage (likely to cost total value of more than $3,000 to repair) then they must report the accident the Police forthwith. If the driver fails to do this, they may commit a crime.
Should I report a car accident to the police after a traffic crash?
If you are the owner or driver of a vehicle in a crash, you must report it as soon as practicable after the crash.
What do you do in a minor car accident?
Minor car accidents can still have major consequences. Consider the following real-life example (with names changed for confidentiality):
“Sheryl is a lady with clinical obesity and a range of different health problems. She is otherwise able to function and works as a nurse. Sheryl is driving her car through a fast food drive through when another vehicle strikes her motor vehicle from behind. Sheryl thinks nothing much of it, but a few days later Sheryl experiences extensive back and neck pain and is unable to return to work.”
Even though an accident seems minor, the same precautions should be taken as in a serious car accident. As previously explained this should include an exchange of personal details, taking photos of each vehicle involved in the crash and the crash features. These important details will be required to report the accident to the Police and the ICWA.
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Is it an offence not to report a car accident?
Yes, it can be an offence not to report a car accident if it results in injury or property damage. Section 56 of the Road Traffic Act 1974 sets out the relevant provisions.
What happens if you leave the scene of an accident?
Section 54 of the Road Traffic Act 1974 requires a driver in a road incident occasioning bodily harm to stop, ensure assistance and give information. Similarly, Section 55 of the Road Traffic Act 1974 requires a driver in a road incident occasioning property damage to stop, ensure assistance and give information.
A person who does not comply with these above provisions regarding damaged property or injured people may commit a crime.
Is it illegal to drive off after hitting a car?
Yes, it is illegal to drive off after hitting a car. The person who hits another car has an obligation under the Road Traffic Act 1974 to stop, ensure assistance and give information. This follows this guide to hit and run accidents for more information.
If you have made an ICWA claim for your car accident injuries, please get in touch with Foyle Legal. The team of specialist personal injury lawyers in Perth can help you to get the compensation you deserve! We are top-rated No Win No Fee lawyers, and provide obligation free initial consultation.
If your motor vehicle accident happened at work, you may also be eligible to claim workers compensation. Foyle legal also has experienced workers compensation lawyers who can guide you through the personal injury claim process. Most importantly, how to best pursue both workcover claim and motor vehicle accident claim with the goal to maximise your compensation payouts.