The Law Handbook 2024

970 Section 10: Accidents, insurance and compensation cannot claim the replacement value of the vehicle, which may be higher. Your claim will be for the pre- accident market value less the value of the wreck (often called the ‘salvage’ amount). Other expenses Some vehicles (e.g. a taxi) may be essential for their owners to earn an income. If the owner cannot work while the vehicle is being repaired, they can claim lost wages. In some cases, another vehicle may be hired and the hire cost claimed. However, you must show that hiring another vehicle was essential, and that there was not a cheaper method (e.g. using public transport). It can be difficult to recover the cost of hiring another vehicle, so keep hire charges moderate. If you are selling your vehicle at the time of the accident, make sure you obtain quotes for repairing the damage before selling the vehicle. If the vehicle is a total loss, obtain a loss assessor’s report before selling the vehicle; remember to deduct any salvage value from the market value of the vehicle. In either case, it is advisable to have the vehicle assessed by a loss assessor so that, if necessary, you can prove the amount your vehicle depreciated as a result of the accident. What to do after a motor vehicle accident Your obligations at the scene Under section 61 of the Road Safety Act 1986 (Vic), you must: 1 Stop. 2 Provide assistance. 3 Give your name and address, the name and address of the vehicle’s owner and its registration number to: a any injured person; b the owner of any damaged property; c someone representing either of the above; and d the police if they are present. 4 If anyone is injured, or if the property of someone who is not present is damaged, and the police do not attend the scene, you must go to the nearest police station as soon as possible and provide details of the accident. A person who is injured in a vehicle accident may lodge a claim with the TAC (see ‘Contacts’, below) within 12 months of the accident. For more information, see Chapter 10.2: Transport accident injuries. Practical steps After an accident, it is a good idea to: 1 Write down the names and addresses of any eye- witnesses (you can always find out later exactly what they saw). This is important. 2 Make notes of any conversation between you and the other driver. 3 Draw a diagram of the accident, including distances from corners and kerbs, and the position of any skid marks. 4 Be careful what you say; many insurance companies require you to not make any admission of liability without their permission. 5 Ask for the name of the other driver’s insurer. 6 Report the accident to your insurer. 7 Keep a record of any towing or storage expenses. 8 Take photographs of the accident scene and of any damage. Contacts Australian Financial Complaints Authority (AFCA) Tel: 1800 931 678 Email: info@afca.org.au Web: www.afca.org.au Transport Accident Commission (TAC) 60 Brougham Street, Geelong Vic 3220 Tel: 1300 654 329; 1800 332 556 Email: info@tac.vic.gov.au Web: www.tac.vic.gov.au