Knowing what not to do after a car accident in Western Australia can be just as important as knowing the right steps to take. In the moments following a collision, shock and stress can cloud your judgement and lead to costly mistakes that may affect your safety, legal standing, and insurance claim. Understanding your obligations under Western Australian law is essential for every driver on the road.
This guide outlines the top 10 things you should avoid doing after a car accident, covering everything from your legal duty to remain at the scene through to the importance of seeking prompt medical attention and notifying your insurer. Whether the incident is minor or serious, being informed can help you protect yourself and others involved.
Key Takeaways:
- Never leave the scene of an accident without assessing the situation
- Always call 000 if there are injuries or hazards present
- Collect driver, vehicle, and witness details at the scene
- Seek medical attention even if you feel uninjured
- Notify your insurer promptly regardless of fault
- Request an official Traffic Incident Report from Western Australia Police
- Consider speaking with a qualified legal professional to understand your rights
1. Never Leave the Scene of an Accident
The first and most important rule is to never leave the scene of an accident without first stopping to assess what has happened, even if you believe there has been no real damage. No matter how minor the incident may appear, always move your vehicle to a safe location and check that all passengers are unharmed and that there is no damage to any property. Taking even a few moments to properly assess the situation can protect you legally and ensure everyone involved receives any assistance they may need. Leaving the scene of an accident is illegal in certain circumstances under Western Australian law and may result in a significant fine or, in more serious cases, imprisonment. If the other vehicle involved leaves the scene in a hit and run, be sure to report the incident to your nearest police station as soon as possible.
2. Fail to Contact the Police
Under Western Australian law, you are required to stop at the scene and contact police or emergency services by calling 000 (triple zero) if any of the following circumstances apply:
- A death or injury requiring medical attention from a qualified health professional such as an ambulance officer, nurse, or doctor.
- A hazardous situation posing a threat to public safety, such as a fuel spill, broken power lines, or significant traffic disruption.
You should also call the police if:
- You suspect the other driver is under the influence of drugs or alcohol.
- The other driver refuses to provide their required details.
- A driver with an impairment or disability requires police assistance.
- There is substantial damage to any vehicle involved.
- Anyone has sustained an injury.
Notifying police also creates an official record of the incident, which can be important if a dispute arises later. As a general rule, it is wise to report the crash to Western Australia Police to ensure all legal obligations are met.
3. Neglect to Gather Important Information
Regardless of whether you are at fault or not, it is essential that you gather all relevant information from the other driver involved. This includes their:
- Full name and address
- Phone number
- Insurance details
- Details of the vehicle’s owner if the driver is not the registered owner
- Vehicle registration number
- Any other details necessary to identify the vehicle
- Names and contact details of any witnesses to the accident.
Thorough documentation at the scene can be invaluable if an insurance claim or legal matter arises following the incident. If the other driver leaves before you are able to obtain this information, record as many identifying details as possible, such as the vehicle’s colour, condition, and model year, and pass these on to police promptly.
4. Avoid Delaying Medical Attention
Even if you do not believe you sustained any injuries in the accident, it is strongly advisable to seek medical attention as soon as possible. This is because certain injuries, such as whiplash, may not become apparent until some time after the accident has occurred. Prompt medical assessment also ensures that any treatment required is started early, which can support a better recovery outcome. Other hidden injuries may include concussion, and there are many conflicting views regarding rest and sleep following head injuries sustained in a car accident. For this reason, it is important to seek the advice of a qualified medical professional who can properly evaluate your condition and provide an informed assessment.
5. Do Not Overlook Witness Details
Aim to gather all information relating to the accident as accurately as possible, as failing to do so may result in your account becoming a drawn-out dispute of conflicting versions of events. If there are any other witnesses to the crash beyond yourself and the other driver, make every effort to obtain their contact details at the scene. Witness accounts can carry significant weight if the matter is later reviewed by insurers or other parties. Those witnesses may later be called upon to provide a formal witness statement should a dispute arise. Having independent parties who can corroborate your account of events may prove to be an invaluable asset in supporting your position.
6. Never Neglect to Notify Your Insurer
Always contact your insurer as soon as it is safe and practical to do so following an accident. Regardless of how minor or serious the incident may be, or whether you consider yourself to be the at-fault party, it is essential to keep your insurance provider informed. Failing to notify your insurer in a timely manner could affect the outcome of any claim you may need to make. Providing accurate and prompt information to your insurer from the outset helps to ensure the claims process proceeds as smoothly as possible.
7. Failing to Obtain an Official Record of the Incident
If notified, Western Australia Police will generate an official Traffic Incident Report relating to your crash. You are entitled to request a copy of this report if you were directly involved in the incident or can demonstrate a genuine interest in its contents. Keeping a copy of this report on hand ensures you have an authoritative record of the event should any disputes or insurance matters arise later. Bear in mind that even if a police officer is not required to attend the scene, you should still lodge a report within 24 hours of the accident occurring. Traffic incident reports typically contain information covering the following details:
- Occurrence
- Witnesses
- Incident Scene and Event
- Crash Description
- Unit Details
- Towed Vehicles
- Damaged Property
- Persons Killed or Injured (Victims)
- Versions.
8. Overlooking the Importance of Legal Advice
Following a road accident, it may be worth considering getting in touch with a lawyer to better understand your position. Even if the incident appears minor, speaking with a qualified legal professional can help clarify your rights and responsibilities under Western Australian law. A legal professional can also help you navigate the relevant claims process and identify any entitlements you may not have been aware of. If you are not the at-fault party, a lawyer can guide you through the claims process and explain any damages you may be entitled to pursue. Motor vehicle accident law in Western Australia can be complex, and seeking guidance from a trained legal professional may help simplify the process and provide greater peace of mind.
9. Neglecting to Secure the Safety of the Scene
The safety of yourself, your passengers, and all other drivers and road users is the most immediate priority following a car accident. If the incident has created a hazardous environment, contact emergency services without delay by calling 000. It is also important to remain visible to other road users where possible, particularly in low-light conditions or on busy roads. Ensure that all other passengers and parties involved in the accident are safe, including any pedestrians who may have been affected. If there is hazardous debris present on the road, report it to police as quickly as possible but do not attempt to clear it yourself.
10. Forgetting to Photograph the Scene
Photographs taken at the scene of an accident can be among the most valuable pieces of evidence during the claims process. Use the camera on your smartphone to capture photographic evidence quickly and efficiently while details are still fresh. Clear and comprehensive photos can help support your account of events and may assist your insurer in assessing the extent of any damage. Aim to photograph all visible damage to both your vehicle and the other party’s vehicle as thoroughly as possible. Do not attempt to take photos if it is unsafe to do so, and never place yourself or other road users at risk in the process of gathering evidence.
Conclusion
Being involved in a car accident is a stressful and disorienting experience, but knowing what to avoid can make a genuine difference to your safety, your finances, and your legal position. From staying at the scene to notifying your insurer promptly, each step you take in those critical moments carries real consequences under Western Australian law. The decisions you make immediately after an accident can shape the outcome of any insurance claim or legal matter that follows.
Taking the time to understand your obligations before an accident occurs puts you in a far stronger position should the unexpected happen. Stay calm, prioritise safety, document everything thoroughly, and seek professional legal advice where needed so you can move forward with confidence. Whether the incident is minor or more serious, being prepared and informed is always your best course of action. Knowing your rights and responsibilities as a driver in Western Australia can ultimately protect both you and everyone else on the road.
FAQs
Do I have to call the police after every car accident in WA?
Not every accident requires a police callout, but you must report serious incidents. Any accident involving injury, significant damage, or a driver refusing to exchange details should be reported.
What details should I collect at the scene of an accident?
Always gather the other driver’s full name, address, phone number, and insurance details. You should also note the vehicle registration number and collect contact details from any witnesses.
What if the other driver leaves the scene without stopping?
Record as many details as you can, including the vehicle’s colour, model, and registration. Report the hit and run to your nearest Western Australia Police station as soon as possible.
Should I see a doctor even if I feel fine after an accident?
Yes, some injuries like whiplash and concussion may not show symptoms straight away. A qualified medical professional can assess your condition and identify any issues early.
Do I need a lawyer after a minor car accident in WA?
Even minor accidents can involve complex legal and insurance considerations. Speaking with a qualified legal professional can help you understand your rights and any entitlements you may have.
Rebecca Sorgiovanni is the Director of Soul Legal, a trusted Perth-based injury compensation lawyer with over two decades of experience representing injured clients in complex litigation and tribunals across Western Australia.
