I know how overwhelming it feels right after a crash. Your hands might be shaking, your mind racing, and paperwork is the last thing you want to face. The truth is, what you do in the first hours and days can make or break your claim.
Why Fast, State-Specific Action Matters Right After a Crash
Your legal and insurance duties begin at the scene, not days later.
Australia recorded about 1,300 road deaths in 2024, the highest figure since 2012, plus a large number of serious injuries. Delays can cost you income support, treatment funding, or even stop your claim entirely.
How to Use This Guide in a Hurry
In the first 24 hours, focus on scene safety, exchanging details, taking photos, reporting to the police, getting a medical check, and notifying your insurer. Over the next seven days, gather medical certificates, lodge claim forms, and consider calling a lawyer. NSW has 28-day and 3-month deadlines, Victoria’s Transport Accident Commission (TAC) requires lodgement within 12 months, and Queensland’s Nominal Defendant scheme needs notice within 3 months.
Important Disclaimer and Scope
This article provides general information, not tailored legal advice.
Laws vary by state and by your specific circumstances. If you have injuries, liability disputes, or a hit-and-run situation, get professional advice urgently. NSW’s 28-day notice for statutory benefits, Victoria’s 12 month TAC lodgement, and Queensland’s strict Nominal Defendant deadlines all require prompt action. In Victoria, talking to a car crash lawyer can help you meet TAC time limits.
First 24 Hours: The Non-Negotiables at the Scene
What you do in the first minutes protects both your safety and your legal rights.
Secure the Scene and Call for Help
Switch on your hazard lights immediately. If anyone is injured, trapped, or there are hazards, call 000. Move vehicles only if it is safe and necessary to prevent further incidents.
Exchange Details: What the Law Expects
In Victoria, you must stop and provide your name, address, and vehicle registration. If someone is injured and police do not attend, report the crash to the nearest police station.
In NSW and QLD, exchange details with other drivers. If the other driver refuses, call the Police Assistance Line on 131 444.
Document Everything Without Admitting Fault
Take wide and close photos of number plates, damage, road markings, and vehicle positions. Get witness names and contact details. Preserve dashcam footage and ask nearby businesses for CCTV before it is overwritten.
Whatever you do, avoid saying “It was my fault.” Stick to the facts when speaking with police or insurers.
See a Doctor Within 24-72 Hours
Even if you feel fine, get checked out.
Whiplash symptoms can appear hours or days later. An early GP review protects your health and documents the link between your injuries and the crash. Keep copies of medical certificates, referrals, imaging reports, and receipts, because these documents support your claim.
Notify Your Insurer Fast and Know What CTP Really Covers
Compulsory Third Party (CTP) insurance covers personal injury, not vehicle repairs.
In Victoria and Queensland, CTP is included in your registration. Notify your comprehensive or third-party property insurer promptly, because a late notice can jeopardise your cover.
What to Tell Your Insurer
Provide facts, including time, date, location, involved parties, police event number, and photos. Avoid guessing or speculating about fault. Ask about repair assessments, any excess, and hire car entitlements.
NSW: The 28-Day and 3-Month Statutory Benefits Deadlines
To receive weekly statutory benefits from the day after your accident, you must notify the CTP insurer within 28 days.
The general deadline for notification is 3 months. Have your police event number, medical certificate, and proof of earnings ready.
Victoria (TAC): Claim Time Limits and Serious-Injury Thresholds
Lodge Transport Accident Commission (TAC) injury claims within 12 months of the accident.
TAC may consider late claims up to 3 years if there are reasonable grounds. Once TAC has your claim, they must respond within 21 days. If they request more information, you generally have 28 days to respond, or your claim can lapse.
If you are in Victoria and dealing with TAC paperwork or the serious injury threshold, speak with HCA Lawyers, an experienced Melbourne team. A trusted car accident lawyer can give you clear guidance on eligibility and next steps.
Documents TAC Looks For
TAC needs accident details, your police report number, medical certificates, employment records, and treatment receipts. Maintain a symptom diary and keep copies of all correspondence.
Queensland (MAIC): CTP Claim Deadlines and Nominal Defendant Rules
For unidentified vehicles, give a Notice of Accident Claim to the Nominal Defendant within 3 months.
If you miss the 9-month mark, your claim is barred. For identified vehicles, lodge within the earlier of 9 months from the accident or 1 month after first consulting a lawyer. Queensland’s Motor Accident Insurance Commission (MAIC) scheme enforces these time limits strictly.
In Queensland, strict MAIC timeframes and Nominal Defendant limits apply, so if you are approaching the 1 month or 9 month dates and feel unsure about your paperwork or evidence, including forms, medical reports and the strict notice requirements, Preston Law’s experienced local team, who understand Queensland CTP law and procedures, includes traffic accident lawyers in Cairns to lodge your Notice of Accident Claim.
When to Call a Lawyer
Seek advice early if there are injuries, liability disputes, a hit and run, or serious injury threshold questions.
A lawyer can preserve evidence, lodge compliant notices, manage insurer communications, and prevent missed time limits.
Days 2-7: Turn Your Evidence Into Approved Claims
Across days 2 to 7, your job is to turn raw evidence into formal claims.
On days 2 to 3, follow up with your GP, obtain medical certificates, and notify your employer so your pay records are accurate. By days 3 to 5, lodge your NSW SIRA (State Insurance Regulatory Authority), TAC, or MAIC forms and request dashcam or CCTV footage before it is overwritten. By day 7, confirm claim numbers and diarise all statutory deadlines in your calendar.
Conclusion
Secure the scene, exchange details, document thoroughly, see a doctor within 24-72 hours, and notify your insurer.
NSW requires notice within 28 days, Victoria within 12 months, and Queensland within 3 months for Nominal Defendant claims. If your situation is complex, get qualified legal advice promptly to protect your entitlements.
FAQ: Quick Answers to Common Crash Questions
Do I Have to Call the Police for a Minor Bingle?
In NSW, if police do not attend, you must report within 24 hours when a vehicle is towed, property is damaged, or you cannot exchange details. Call 131 444 for non-emergencies.
What If I Feel Fine? Do I Still Need a Doctor?
Yes. Whiplash and soft tissue injuries can show up hours or days later. A timely medical record ties your symptoms to the crash and supports benefits approvals.
Does CTP Pay for My Car Repairs?
No. CTP covers personal injury only, including medical care, income support, and rehabilitation. Vehicle repairs require your comprehensive policy or recovery from the at fault party.
What If It Is a Hit-and-Run?
Document everything you can and report to the police promptly. In QLD and NSW, Nominal Defendant pathways may apply for injury claims, but strict notice deadlines still apply.
