What’s NSW’s car accident law? Motor vehicle accidents are a significant concern in New South Wales (NSW) because they affect public health and safety. In this article, we will explore the following:
- NSW car accident law
- reporting procedures for traffic crashes to your local police station and the car insurance company involved,
- legal obligations at the accident scene,
- and the recent changes in motor vehicle accident compensation.
By examining these aspects, we aim to provide a comprehensive overview of the landscape of car accidents in NSW and their implications for individuals and the broader community.
NSW Car Accident Law Overview
In NSW, there are various motor vehicle accident legislation that exist to protect its constituents. These are the following:
1. Motor Accident Injuries Act 2017 – establishes a scheme of compulsory third-party (CTP) insurance and outlines the process for obtaining compensation for injuries sustained in motor accidents.
2. Crimes Act 1900, Section 52AB – Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm
3. Road Rules 2014, Section 287 – Duties of a driver involved in a crash
4. Road Transport Act 2013, Section 10 – Duties of participants in, and witnesses to, road accidents
5. Serious driving offences, such as –
- Negligent, reckless or furious driving (Sec. 117, Road Transport Act 2013)
- Menacing driving (Sec. 118, Road Transport Act 2013)
- Predatory driving (Sec. 51A, Crimes Act 1900)
- Other serious driving offences causing death or grievous bodily harm (murder, manslaughter, grievous bodily harm (reckless or with intent), injuries caused by furious driving.)
NSW Car Accident Law: Motor Accident Injuries Act 2017
The legal framework surrounding car accident compensation is primarily governed by the Motor Accident Injuries Act 2017 (the Act). The key features of this car accident law are as follows:
Key features of the NSW car accident law system:
- CTP insurance – A compulsory third party (CTP) insurer must insure all registered motor vehicles in NSW. This insurance provides coverage for injuries caused by the vehicle to other people, regardless of who is at fault.
- Fault-based and no-fault components – The scheme is a hybrid of fault-based and no-fault principles. This means that you can claim compensation from the CTP insurer of the at-fault vehicle, or if you were the driver or a passenger in the at-fault vehicle, you can make a claim through your insurer.
- Threshold injuries – To be eligible for non-economic loss (pain and suffering) compensation, your injuries must meet the definition of a “threshold injury” as set out in the Act. Threshold injuries are generally considered to be serious and long-lasting.
- Motor Accidents Guidelines – The Motor Accidents Guidelines are rules that CTP insurers must follow when assessing and determining claims. These guidelines are updated regularly and can be found on the website of the State Insurance Regulatory Authority (SIRA).
Key Provisions of The Crimes Act 1900 Explained
NSW also has Crimes Act 1900 to penalise criminal violations that cause motor vehicle casualties specifically sections 51A and 52AB. Let’s discuss these provisions:
- Predatory driving (s51A) – Section 51A outlines the offence of predatory driving in New South Wales. It’s a serious criminal offence that involves deliberately endangering the safety of others on the road with the intent to cause harm. Penalty: 5 years imprisonment
- Failing to stop and assist after the accident (s52AB) – Section 52AB punishes a driver who gets involved in an accident which causes the death or grievous bodily harm to another person and fails to stop and give assistance to the victim. Penalty: 10 years imprisonment (maximum)
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NSW Car Accident Law: The Road Transport Act 2013
Under the Road Transport Act 2013, some provisions establish the duties of the participants in road accidents and penalties for serious driving offences:
- Duties of participants in, and witnesses to, road accidents (s10) – This section provides for the duties of participants and witnesses during road accidents in NSW. These are:
- the production of driver’s licences or other identification to any person by a participant in the accident,
- the giving of particulars concerning—
- the vehicle, persons, and property involved in or affected by the accident, or
- any damage or injury caused by the accident, or
- the identity and addresses of any witnesses to the accident.
- Negligent, furious, or reckless driving (s117) – Negligent driving occurs when a person drives a motor vehicle on a road without due care and attention. Here, the driver fails to maintain a proper lookout or control over the vehicle or otherwise drives in a manner that creates an undue risk to the safety of others.
Furious or reckless driving, on the other hand, is a more serious offence that involves driving a motor vehicle on a road in a manner that is dangerous to the public. This can include driving at a speed or in a manner that is dangerous to the public, driving furiously or recklessly, or driving under the influence of alcohol or drugs.
- Menacing driving (s118) – This section makes it an offence to drive a motor vehicle on a road in a manner that menaces another person. This applies whether the other person is menaced by a threat of personal injury or by a threat of damage to property, and whether or not that person or that property is on a road.
NSW Car Accident Law: Road Rules 2014
The Road Rules 2014 also outlines the duties of the driver involved in a crash. Section 287 of the Rules establishes that the driver must comply with this rule. Otherwise, the law will impose a penalty of 20 penalty units for violating this rule.
According to this section, the driver must do the following if he finds himself in a vehicular accident in NSW:
- The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time. Moreover, if practicable, at the scene of the crash give such requirements to:
- any other driver (or that driver’s representative) involved in the crash, and
- any other person involved in the crash who is injured, or the person’s representative, and
- the owner of any property (including any vehicle) damaged in the crash (or the owner’s representative).
- The driver must give such particulars to a police officer if:
- someone was killed
- the driver does not give the particulars to the persons mentioned in No. 1
- a vehicle involved in the crash is towed or carried away by another vehicle
- the officer asks for the details.
To check the penalties, fines, and demerit points for these violations, visit this website.
The required particulars under this section are:
- the driver’s name and address, and
- the name and address of the owner of the driver’s vehicle, and
- the vehicle’s registration number (if any), and
- any other information necessary to identify the vehicle,
- includes an explanation of the circumstances of the crash.
To claim compensation resulting from vehicular accidents under any of these provisions, you can check out these websites:
If the other driver’s insurance company is asking you to pay for the repairs but you can’t afford to, you may be able to negotiate a payment plan that suits your financial situation.
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Get Legal Advice for Car Accidents
Responding to a car damage claim against you can strengthen your position. Write a detailed statement explaining your version of events on when the accident happened, drivers involved, and include any relevant documents.
If your own car also sustained damage, you can claim the other driver was partially or wholly at fault by filing a counter-claim. Such cases may also transition to matters at the local court for which you may require legal help.
Are you still confused on what to do? You can always ask a traffic offence lawyer to explain to you the step-by-step process of how to claim your compensation.
Contact us at JB Solicitors today if you need more information on car property damage and other legal costs involved.