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Thread: Refusal to provide details after accident. Is it a crime?

  1. #21
    Join Date
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    In SA, this is the from SAPOL official site.

    Reporting a Crash

    If you are involved in a vehicle collision you must:
    Stop
    Stop at the scene of the collision. Failing to stop at the scene is against the law.

    Assist
    Assist anyone who is injured. Call Triple Zero in an emergency - where there is danger or serious injury. Or telephone 131 444 if police assistance is required (if the road is blocked, there is a traffic hazard etc.).

    Exchange your information
    Exchange your information with the other drivers (or that driver's representative) or other persons involved in the collision, including the owner of any property damaged at the scene.
    The information you provide should include:

    The driver's name and address;
    The name and address of the owner of the driver's vehicle;
    The vehicle's registration number; and
    Any other information necessary to identify the vehicle, and, any other information required by a police officer about the crash.

    Report the collision to police
    Reportable Collisions

    The types of collisions which must be reported to police by law are defined as:

    What collisions need to be reported?
    A collision is required to be reported to a police officer by a driver involved in a collision if real or personal property (other than an animal) is destroyed or damaged,

    except where:

    (a) the only property destroyed or damaged is property owned by the driver; or

    (b) a fair estimate of the cost of making good the damage to property is less than $3,000.




    If police did not attend at the scene of a reportable collision, you must report the crash to police by attending at a police station.

    If someone was injured or killed in the collision, you must present to a police officer within 90 minutes of the collision.

    For all other reportable collisions you must report to a police officer as soon as possible but, except in exceptional circumstances, within twenty four hours after the collision. This does not mean that a driver has twenty-four hours to report a collision because even three hours after the collision, in many cases, could be considered as soon as possible, depending on the circumstances. An example of exceptional circumstances would include a driver who is conveyed to hospital and is admitted for treatment for more than 24 hours.

    Be prepared to provide:

    your personal details (remember to take your driver's licence with you);
    your car registration;
    the exact collision location;
    date and time of collision;
    the other parties personal details; and
    the other parties car registration.
    You will be given a Vehicle Collision Report (VCR) number for future reference.

    What collisions do not need to be reported?

    You are not required by law to report a non-reportable collision. However, if you wish to report a non-reportable collision, for insurance or other purposes, you may do so conveniently by completing an online form without attending at a police station. Once submitted, the online report will provide you with a reference number and a PDF copy of the report which you may send to your insurance company.

    Collisions may be reported online if:

    the collision occurred in South Australia; and
    no one was injured/killed; and
    everyone involved exchanged particulars; and
    it was not a hit run; and
    no government vehicles were involved; and
    no vehicles were towed; and
    a fair estimate of the total damage is less than $3 000; and
    police did not attend; and
    you do not want police to investigate the collision*.

    *If you desire a police investigation of the collision because of apparent breaches of road rules you must be willing to assist in the investigation including providing a statement and attending court.
    (REMLR 235/MVCA 9) 80" -'49.(RUST), -'50 & '52. (53-parts) 88" -57 s1, -'63 -s2a -GS x 2-"Horrie"-112-769, "Vet"-112-429(-Vietnam-PRE 1ATF '65) ('66, s2a-as UN CIVPOL), Hans '73- s3 109" '56 s1 x2 77- s3 van (gone)& '12- 110

  2. #22
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    Recent experience;

    Rear ended in the Valley oustide Cloud Land. Called the cops but too busy (some muder obviously keeping them busy at the time). $7.5k damage, no injuries. Told my insurer, Suncorp, gave the rego and driver licence details of the other driver. Thats it.

    Regards
    Andrew

  3. #23
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    In Victoria- No injury, no damage, no collision. No requirement to exchange details. Stop worrying about what ifs and maybes and hypotheticals.

    But I would out of courtesy exchange phone numbers.

    But not bother the coppers.

  4. #24
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    I would recommend you get the vehicle inspected, report it to the police (you did get the rego right?)...

    If she claims you wouldnt give your info you could end up in a world of bother...

    Your vehicles mounting systems, sub frame etc could all be damaged without visible damage. [ A collision caused $4000.00 when a vehicle backed into my car once years ago, the only mark outside was a scuff on his bumper but the frame behind was stuffed! ]


    HINT: Most mobiles have cameras... In event of incident I immediately get out and take 3-5 photos of how everything has turned out. This is for an accident I had (hit by woman changing lanes without giving way) and several where I have witnessed.

    A picture tells a thousand words - and captures Rego plates, Driver image etc...

  5. #25
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    61 Duty of driver etc. of motor vehicle if accident occurs
    s. 61
    (1) If owing to the presence of a motor vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the motor vehicle—
    (a) must immediately stop the motor vehicle; and
    (b) must immediately render such assistance as he or she can; and
    (c) must at the scene of the accident as soon as possible give his or her name and address and also the name and address of the owner of the motor vehicle and the identifying number of the motor vehicle—
    (i) to any person who has been injured or to the owner of any property which has been damaged or destroyed; or
    (ii) to a person representing the injured person or the owner of the property; and
    (d) must at the scene of the accident as soon as possible give those names and addresses to any member of the police force who is present; and
    s. 61
    (e) if any person is injured and no member of the police force is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station; and
    (f) if any property is damaged or destroyed and neither the owner of the property nor any person representing the owner nor any member of the police force is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station.

    accident

    Pronunciation: /ˈaksɪd(ə)nt/
    noun
    • 1an unfortunate incident that happens unexpectedly and unintentionally, typically resulting in damage or injury: he had an accident at the factory [mass noun]: if you are unable to work owing to accident or sickness
    • a crash involving road or other vehicles: four people were killed in a road accident
    • euphemistic an incidence of incontinence by a child or animal: he had a little accident, but I washed his shorts out
    • 2an event that happens by chance or that is without apparent or deliberate cause: the pregnancy was an accident it is no accident that Manchester has produced more than its fair share of professional comics
    • [mass noun] the working of fortune; chance: members belong to the House of Lords through hereditary right or accident of birth
    • 3 Philosophy (in Aristotelian thought) a property of a thing which is not essential to its nature.

    The original thread says there was NO damage. That means there is no accident and no one has to do anything. Some of you people are a goldmine for lawyers. Stick to the facts.

  6. #26
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    As Loanrangie said Mobile Phones with cameras are really useful.

    Although I haven't had to myself I've advised mates to take a photo of the areas on damage/impact on both vehicles. In one case it save him alot of hassle down the track.

    I was under the impression all accidents had to be reported to police In the OP's case my guess is they aren't registered or are driving on a suspended licence otherwise there is no reason not to hand over details

    Cheers
    Rob

  7. #27
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    Quote Originally Posted by stealth View Post
    The original thread says there was NO damage. That means there is no accident and no one has to do anything. Some of you people are a goldmine for lawyers. Stick to the facts.
    Whether or not there was any damage, and whether or not the incident should have been reported is not the issue.

    The issue is that the person who ran up the back of another's vehicle refused to exchange details - as IS required by law. These ARE the facts.

    In the event of there being no visible damage, or only minor insignificant damage - I wouldn't have reported the incident either, unless I felt that I was likely to be claiming against my insurance.

    But if the other person had rear ended me and then refused to provide his / her details - bloody oath I'd report it. Anyone who thinks otherwise is an idiot.
    Cheers .........

    BMKAL


  8. #28
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    You're missing the point. If there is no damage and no injury there is nothing to report. You could report it to police but what are you reporting? There is no requirement to exchange details if no accident occured. And contact between vehicles that causes no damage and no injury is not an accident. That is the law. At least in Victoria. The coppers would not take a report in those circumstances.

  9. #29
    DiscoMick Guest
    Suppose the other driver runs off and claims she suffered whiplash or some other health effect. If the accident was not reported, and she has your details, its your word against hers and your insurance company may not be happy with you. Best to do a routine report just in case.

  10. #30
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    Quote Originally Posted by DiscoMick View Post
    Suppose the other driver runs off and claims she suffered whiplash or some other health effect. If the accident was not reported, and she has your details, its your word against hers and your insurance company may not be happy with you. Best to do a routine report just in case.
    Exactly what I said earlier on in this thread. I had someone try it on with me back in the UK. They claimed my Car reversed into theirs and caused all sorts of damage. Unknown to them I had already reported all the details to the Police and my Insurance company. Also the fact that the damage was quite rusty and obviously old did not enhance their chances.


    Ivan

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