Car accidents are stressful, especially when you’re not to blame. As accidents and claims become more complex, knowing how to gather evidence and protect yourself is key. This guide will take you through the must-dos after a car accident, focusing on safety, documenting the scene, disputing faults, and getting a professional opinion.
What to Do First
Safety First: Your first priority after an accident is safety. Stop immediately and turn on your hazard lights. If you can, move to a safe location away from traffic. Check yourself and others for injuries. If anyone is hurt, call 000 for an ambulance straight away.
Call Police: Call the police if there are injuries, significant damage, or accidents blocking traffic. If the other party refuses to exchange details and you are unsure, give them as much detail as you can about the accident and follow their instructions. Make sure to get a copy of the police report and the officer’s name, as it can be critical evidence if there’s a dispute about the fault.
Swap Details Exchange the following with the other driver(s):
- Name, phone number and address
- Driver’s licence number
- Vehicle registration, make and model
- Insurance company and policy number
Don’t discuss who was at fault at this stage. Just swap the necessary details.
Documenting the Scene
Take Photos Photographic evidence is vital to proving you’re not at fault. Take clear, well-lit photos of:
- The damage to all vehicles from multiple angles
- The overall scene, including skid marks and final resting positions of the vehicles
- Any property damage and relevant road features (traffic lights, stop signs, etc.)
- Visible injuries to yourself or passengers
Note Down While the event is still fresh in your mind, note:
- Time, date and location of the accident
- Weather conditions and road layout
- How the accident happened: Make a diagram of the scene showing the position of the vehicles at the point of impact. Include street names, traffic signs/lights and the direction each car was travelling.
Get Witness Details If there were witnesses to the accident, get their names and contact details. Ask them to write a brief statement of what they saw. Independent witness statements can be great evidence to prove you’re not at fault.
Disputing Fault When You’re Not at Fault
Don’t feel pressured to Admit Fault: Don’t apologise or say anything that could be interpreted as admitting fault. Stick to the facts when talking to the other party and their insurer.
Gather Evidence: To prove you’re not at fault, gather as much evidence as you can:
- Detailed photos of the scene and damage
- Witness statements
- Police reports
- Any available traffic camera or surveillance footage from nearby businesses
Ask the Other Party: If the other party says you were at fault, ask for evidence to support their version of events. This could be photos, witness statements, or other documentation.
Legal and Insurance Advice
In the aftermath of an accident, it is common for you to feel lost and confused.
From well-intentioned family and friends offering ill-informed advice to insurers and third parties trying to persuade you into a solution that suits them and not you, the power of having an informed and strong network of industry professionals in your corner is critical.
In these moments, surrounding yourself with a trusted network of vetted professionals is crucial to ensure you get tailored advice to your situation and to have peace of mind in knowing that those advising you have your best interests at heart.
South Melbourne Smash Repairs has been in business for over 40 years and has helped countless drivers in the days, weeks, months and even years following a car accident. We have built a trusted network of lawyers and experts who are on hand to work with us and our clients, and our 250+ five-star Google Reviews are the perfect endorsement of our unwavering commitment to our clients and ensuring their rights and safety are never compromised.
Remember, it’s all about staying calm, focusing on the facts and getting expert help when needed. With the right approach, you can get through this and achieve a fair outcome.
Contact South Melbourne Smash Repairs for an obligation-free chat about your situation.
Get Help?
Disclaimer:
This article is general in nature and is for educational purposes only. It is not legal advice or an attorney-client relationship. Every car accident is different, and your situation may require different or additional steps.
If there’s a dispute or you’re unsure about your rights and obligations after a car accident, we recommend that you get expert legal advice. A qualified lawyer can give you specific advice based on the facts of your situation and the law in your state.
South Melbourne Smash Repairs and the author of this article are not liable for any actions taken or not taken as a result of reading this article. Always consult a licensed lawyer for professional advice about your situation.