Been involved in a car accident? Learn the steps to take after a crash, protect your rights & understand your CTP claim options with Wyatts Compensation Lawyers.
A car accident can happen in seconds. Whether you’re a tradie heading to a job site, a truck driver between runs, or just commuting home after a long shift, the steps you take immediately after a crash can be the difference between a strong compensation claim and a dismissed one. This guide covers what to do after a car accident in QLD and NSW, from the scene through to lodging your CTP claim, so you know your rights and don’t leave money on the table.
Key Takeaways
- Call 000 immediately if anyone is injured
- Do not admit fault at the scene, no matter what
- Exchange driver, vehicle, and insurance details with all other parties
- Photograph the scene before moving any vehicles, if it is safe to do so
- Report the accident to police if required in your state
- Notify your insurer as soon as possible, ideally within 24 hours
- See a doctor the same day, even if you feel fine
- Get legal advice early to understand your CTP entitlements and avoid missing deadlines
The First 10 Minutes After a Car Accident
The moments immediately after a crash are high-stress and easy to get wrong. Stay calm, work through the following steps in order, and you will be in the best position to protect both your health and your claim.
Check for Injuries and Call Emergency Services
Your safety and the safety of others at the scene comes first. Check yourself and any passengers for injuries before anything else. If anyone is hurt, call 000 immediately.
Do not try to move anyone who may have a neck or back injury unless they are in immediate danger. Leave that to the paramedics.
Even if you feel fine, see a doctor as soon as possible after leaving the scene. Injuries like whiplash, soft tissue damage, and internal trauma often do not show up until hours or days later. Delaying treatment makes your claim harder to prove.
Move to Safety if Possible
If the accident is minor and it is safe to do so, move your vehicle off the road to reduce the risk of a secondary crash. Turn on your hazard lights and, if you have them, place warning triangles or cones to alert oncoming traffic.
Do not move your vehicle if:
- Anyone is seriously injured
- The vehicles are too damaged to move safely
- Police have attended and asked you to leave everything in place
When You Must Report the Accident to Police
Reporting requirements vary by state.
In QLD, you must report the accident to police if someone is injured or killed, if the total property damage is likely to exceed $25,000, or if another driver fails to stop and exchange details.
In NSW, you must report to police if someone is injured, if a driver fails to exchange details, or if property belonging to someone not involved in the crash is damaged.
If police attend the scene, they will give you a report number. Write it down or photograph it. You will need it for your insurer and potentially your CTP claim.
Why Leaving the Scene Can Affect Your Claim
Leaving the scene of an accident before exchanging details is a criminal offence in both QLD and NSW, regardless of how minor the crash appears.
Beyond the legal risk, leaving the scene hands the other driver control of the story. If your version of events is not on record, insurers and courts will rely entirely on what the other party reports. That puts you at a major disadvantage when it comes to establishing liability and protecting your compensation.
Stay until you have exchanged information with all other drivers and, where required, spoken to police.
What Information You Need to Exchange
Collecting the right details at the scene gives you the foundation for a solid claim. Use your phone to photograph everything, and swap the following information with every other driver involved.
Driver and Vehicle Details
You are legally required to exchange your details with any other driver involved in the accident. Collect the following from each party:
- Full name and home address
- Phone number
- Driver’s licence number
- Vehicle registration number
- Make, model, and colour of the vehicle
You are not obligated to share your income, employer, or any other personal information beyond what is listed above.
Insurance Information
Ask the other driver for their CTP insurer details. In Australia, CTP insurance is compulsory on all registered vehicles, so there will always be a CTP insurer involved in any injury claim. If the other driver also has comprehensive vehicle insurance, note that down too.
Look for:
- CTP insurer name and policy number (this is usually on their registration certificate)
- Comprehensive insurance provider (if applicable)
Not sure how CTP insurance works or which insurer to contact? Read our guide to the CTP claims process in Australia.
Witness Contact Details
Witnesses can be the deciding factor in a disputed claim. If anyone saw the accident, ask for their name and phone number before they leave.
Useful witnesses include:
- Pedestrians nearby at the time of the crash
- Drivers or passengers in adjacent vehicles
- Workers at nearby businesses who may have seen what happened
What to Do if the Other Driver Refuses to Cooperate
If the other driver refuses to provide their details, stay calm and do not escalate. Instead:
- Call police on 000 (if there are injuries) or your local police station to report the refusal
- Photograph their vehicle and licence plate immediately
- Record the time, location, and any details about the driver or vehicle you can observe
- Collect contact details from any witnesses nearby
If the driver leaves the scene without exchanging information, report it to police as soon as possible. You may still have options for pursuing compensation even if the at-fault driver cannot be identified.
Report the Accident
Once the immediate situation is under control, there are two parties you need to notify: police (if required) and your insurer. Do both as quickly as possible.
When You Need to Contact Police
Even if police did not attend the scene, you may still need to lodge a formal report.
In QLD, you can report a crash online via the Queensland Police Service website or attend your nearest station.
In NSW, you can submit a crash report online through the NSW Police Force website or in person at a local station.
You should always lodge a report if the other driver was uncooperative or left the scene, if you discover damage after leaving the accident site, or if you are planning to make a compensation claim. A police report strengthens your case significantly.
Notifying Your Insurer
Contact your insurer as soon as possible after the accident, ideally within 24 hours. Late notification can complicate your claim and, in some cases, give the insurer grounds to reduce what you receive.
When you call, have the following ready:
- Date, time, and exact location of the accident
- Details of all other drivers and vehicles involved
- Your police report number (if applicable)
- Photos and any other evidence from the scene
Your comprehensive insurer handles vehicle damage claims. Your CTP insurer handles personal injury claims. These are two separate processes. Find out how to lodge a CTP insurance claim here.
Understand Your Compensation Rights
If you have been injured in a car accident, you may be entitled to compensation through the CTP insurance scheme. CTP is compulsory on every registered vehicle in Australia, which means there is always a minimum level of cover in place, regardless of fault.
What Can You Claim Compensation For?
The types of compensation available depend on the state where the accident occurred, the nature of your injuries, and the level of fault involved. In general, you may be able to claim for:
- Medical and hospital expenses, both past and ongoing
- Lost income and reduced earning capacity
- Rehabilitation, physiotherapy, and specialist treatment costs
- Domestic care and assistance if your injury affects daily life
- Pain and suffering (general damages)
- Out-of-pocket expenses directly related to your injury
If your injuries are serious and long-lasting, you may also be eligible for a lump sum payment. Learn how to apply for a CTP lump sum payment.
Understanding Your CTP Claim Options
CTP claims work differently in QLD and NSW, and the rules around fault, time limits, and eligibility differ between the two states.
In QLD, the CTP scheme is managed by a small number of approved insurers. Your claim is lodged with the CTP insurer of the at-fault vehicle. If fault is disputed or shared, your entitlements may be reduced, but you are not automatically excluded from claiming.
In NSW, the CTP scheme (also known as the Green Slip scheme) is regulated by SIRA (the State Insurance Regulatory Authority). Regardless of fault, you can access statutory benefits for up to 52 weeks after the accident (for accidents occurring after 1 April 2023). Statutory benefits are calculated from the date of the accident, however if your claim is lodged more than 28 days after the accident, benefits are only payable from the date your claim is lodged.
If you lodge your claim within 28 days, benefits are payable from the date of the accident. After 52 weeks, statutory benefits generally cease if you were wholly or mostly at fault for the accident or if your injuries are classified as threshold injuries. If contributory negligence applies, any weekly payments payable after 52 weeks may be reduced by the percentage of contributory negligence attributed to you. Statutory benefits also cease if you are charged with or convicted of a serious driving offence relating to the accident.
Find out whether you need a lawyer for your CTP claim.
How to Make a Car Accident Compensation Claim
Making a compensation claim after a car accident involves several steps. Here is what the process generally looks like:
- Get medical treatment as soon as possible and keep all records, receipts, and medical reports from the start.
- Gather evidence at the scene, including photos, witness details, and your police report number.
- Lodge your claim with your CTP insurer as soon as possible. If you lodge within 28 days of the accident, statutory benefits are generally payable from the date of the accident. If you lodge more than 28 days after the accident, statutory benefits are generally only payable from the date your claim is lodged.
- Lodge your claim form with the relevant CTP insurer, along with your supporting documentation.
- Work with your insurer through the assessment process. They may request independent medical examinations or additional information.
- Negotiate a settlement or apply for a lump sum if your injuries are ongoing and have had a significant impact on your life.
Time limits are strict. In QLD, you generally have nine months from the date of the accident (or the date you became aware of your injury) to lodge a Notice of Accident Claim Form. In NSW, you generally have 28 days to lodge your claim to have statutory benefits backdated to the date of the accident, and three years to commence legal proceedings
See the full CTP claims process explained or find out how to dispute a CTP claim made against you.
Common Mistakes to Avoid
Small errors after a car accident can have big consequences for your claim. Here are the most common ones and how to avoid them.
Admitting Fault
Never admit fault at the scene, even if you think you were responsible. What actually happened is rarely clear in the immediate aftermath of a crash, and legal liability is a complex assessment that takes into account speed, road conditions, driver behaviour, and other factors.
Saying “sorry” or “it was my fault” gives the other party ammunition that can be used against you directly in your claim. Exchange details, cooperate with police, and leave the question of liability to the insurers and legal teams.
Delaying Medical Treatment
Waiting to see a doctor is one of the most common mistakes accident victims make, and one of the most damaging to a claim. If you delay treatment, insurers can argue that your injuries were not caused by the accident, or that they were less serious than you are claiming.
See a doctor on the same day if possible, even if you feel okay. Keep every receipt, referral, and medical report. That paper trail is your evidence.
Not Seeking Legal Advice
Many accident victims assume their claim is straightforward or that the insurer will pay out a fair amount without any pushback. In practice, insurers are focused on managing their own costs.
A compensation lawyer can review your claim at no upfront cost, identify entitlements you may have overlooked, and handle negotiations on your behalf. Getting advice early often results in a significantly better outcome. Find out whether you need a lawyer for your CTP claim.
Failing to Gather Evidence
The evidence you collect at the scene is often the most valuable you will have. Once you leave, that opportunity is gone.
Before moving any vehicles (where safe to do so), use your phone to photograph:
- The position of all vehicles involved
- All visible damage to every vehicle
- Skid marks, road debris, or hazardous road conditions
- Traffic signals, speed signs, or road markings in the area
- Any visible injuries
The more documentation you have, the harder it is for the other party to dispute your account.
Wyatts Can Help
Being in a car accident is stressful enough without having to navigate the claims process on your own. At Wyatts Compensation Lawyers, we help everyday Australians get the compensation they deserve, with no upfront legal fees.
Whether you were injured as a driver in a car accident, a motorcycle rider, a cyclist, a pedestrian, a truck driver, or a public transport passenger, our team has the experience to manage your claim from start to finish.
Contact Wyatts Compensation Lawyers today for a free, no-obligation consultation.
Car Accident FaQ’s
Can I claim compensation if the accident was my fault?
In many cases, yes. You may still be entitled to statutory benefits even if you were partially or wholly at fault. For accidents occurring after 1 April 2023, statutory benefits are generally available for up to 52 weeks regardless of fault. After 52 weeks, statutory benefits generally cease if you were wholly or mostly at fault or if your injuries are classified as threshold injuries.
If contributory negligence applies, any weekly payments after 52 weeks may be reduced by the percentage of contributory negligence attributed to you. Statutory benefits also cease if you are charged with or convicted of a serious driving offence relating to the accident. Your eligibility depends on the circumstances of the accident, the severity of your injuries, and the state where the crash occurred. A compensation lawyer can assess your situation and advise on your options.
How long do I have to make a car accident compensation claim?
Time limits vary depending on the type of claim and the state where the accident happened. In QLD, you generally have nine months from the date of the accident to lodge your claim form. In NSW, lodging your claim within 28 days of the accident is important because statutory benefits are generally payable from the date of the accident. If you lodge your claim more than 28 days after the accident, statutory benefits are generally only payable from the date your claim is lodged. Seeking legal advice as soon as possible can help protect your entitlements.
What compensation can I claim after a car accident?
You may be able to claim for medical expenses, lost income, rehabilitation costs, pain and suffering, domestic care needs, and out-of-pocket expenses. The amount available depends on the severity of your injuries, your level of fault, and the state where the accident occurred.
What should I do if the other driver is uninsured or leaves the scene?
Report the accident to police as soon as possible and gather as much information as you can, including photos of the vehicle and licence plate. You may still have options for seeking compensation even if the at-fault driver cannot be identified or traced. A compensation lawyer can advise on the best path forward for your specific situation.
Do I need a lawyer to make a car accident compensation claim?
It is possible to make a claim without legal representation, but having a lawyer in your corner can make a significant difference to your outcome. A lawyer can help you understand your rights, meet important deadlines, identify entitlements you may not be aware of, and negotiate on your behalf. Find out whether you need a lawyer for your CTP claim.
