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It is always frightening to be involved in a Motor Vehicle Accident. Regardless of how it happened, the situation does not call for you to lose your cool. Be calm, consider the circumstances, and attend to the situation.

Practical Steps
If you are involved in an accident, you should do the following (not necessarily in order):

1. Check if the driver of the other vehicle is fine.
2. Get the details of the driver and the owner of the other vehicle. Remember – the driver is not necessarily the owner! In addition to this, get details about the other driver’s licence number, the other vehicle’s registration, and if the other vehicle is insured.
3. If the accident is serious, you must call police immediately.
4. Otherwise, you should call the NSW Police Assistance Line – 131 444 – within 24 hours.
5. Take the names and addresses of any witnesses. If possible, get them to write statements before they forget the details.
6. If possible take pictures or make sketches of the scene, including distances between the vehicles or the width and length of the street, the traffic conditions, or the condition of the street.
7. Make no admissions regarding liability – your insurance company may not look favourably on this.
8. If there is any debris from the accident as a result of the accident on the road, you should clear it from the road.

Damage and Responsibility
There are two types of damage that can be suffered from a motor vehicle accident. The first is property damage, and the other is personal injury. In order to claim for compensation for damage, it is necessary to prove that the other person was negligent. It is not always easy to decide who is responsible for the damage. In addition to this, the fact that one driver has committed a driving offence does not necessarily mean that the driver also assumes responsibility for damages.

The rest of this article will deal with property damage. It will not deal with personal injury claims.

There are generally three things you can do.

1. If you have insurance, make a claim on your policy.
2. Pay the cost of the repair yourself.
3. Demand payment from the other party.

Claiming Compensation – Insurance
If you have an insurance policy, you should let the insurance company handle the claim. However you should take into consideration a number of things before claiming for compensation – for example, the excess that may be payable, if you have been receiving a no-claim bonus, or if your premium might increase as a result of claiming.

Claiming Compensation – Other Party
If you choose not to claim on your insurance or you do not have insurance, and you think the other driver is at fault, then you can try to claim compensation from the other driver. You can negotiate about whose fault it was, how much damage was caused, and when payment can be made.

If negotiations fail, you may choose to sue the other party. Taking a case to court can be quite costly, so it is important that you consider this course of action carefully. You should seek legal advice if you are considering of going to court.

About Phang Legal
Phang Legal is a progressive and dynamic law firm offering a different attitude to the practice of law and a different approach to the delivery of legal services. The firm continues to honour the traditions and standards of the legal profession, while remaining current and relevant to ever changing client requirements and expectations. Phang Legal provides cost effective and practical solutions across a wide range of practice areas including conveyancing and property law, corporate and commercial law, litigation and dispute resolution, wills and estates (elders law), legal aid and criminal law, and notary public services.

Contact Details
6/83 George Street, Parramatta NSW 2150 AU
PO Box 1375, Parramatta NSW 2124 AU
Telephone: +61 2 9687 8885
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Web: http://www.phanglegal.com.au