Driving in Australia
What to do After an Accident
A traffic accident might be every driver’s worst nightmare, but unfortunately that doesn’t mean you can always avoid it. Even if through no fault of your own, many drivers will find themselves in a bingle of some sort across their driving years.
Given how unexpected such an event can be, often we’re not entirely prepared for how to respond. For some, panic and anxiety starts to set in after a car accident. Emotions will be running high, which means that sometimes we are not always thinking in a rational and coherent manner.
Here’s what you need to do after an accident on the road.
Remain calm and preserve safety
Assuming that you are uninjured, the first thing is to focus on the here and now. While it is easy for the mind to begin wondering and thinking about potential difficulties that might lie ahead, it is important that you manage to retain a sense of calmness and avoid fear or panic kicking in.
You will need to activate your hazard lights in order to bring awareness to other road users. If the car is obstructing traffic, and there is no immediate danger, move it off to the side so that it does not endanger yourself and other motorists. If there is an immediate danger, you should call emergency services straight away and take primary care. Once you’ve moved the car, remove the keys from the ignition.
As you prepare to exit the car, double check for any injuries that could have been masked by adrenaline rushing through your body. If you are uninjured, you should check on the wellbeing of the other parties involved. If injuries are present, dial 000 for emergency services. The police must be called if injuries are present, a party fails to exchange details, or there is a likelihood that a driver was under the influence of alcohol or drugs. More often than not, most drivers will still call the police to make a record of the accident, assuming it is more than just a fender bender.
Exchange details with the other party
Once you have your evidence, you must exchange details with the other party. Gather as much information as you can, with a particular emphasis on the other party’s full name, address, phone number, plus vehicle registration and details. It is also beneficial to pick up other information regarding the specific make, model and colour of the vehicle they were driving, and if possible, their licence number and insurance details. These however, are not necessarily obligatory to hand over.
You should also provide the relevant information to the other party. If a driver does not provide you with their name, address, vehicle registration plus information to identify their vehicle, you may report the accident to police.
Don’t admit fault
While you might be inclined to apologise for contributing to an accident, that is as far as you should go in discussing the events. Even if you know that the accident was your fault, never admit this to the other driver. It will be left to the professionals investigating the accident to conclusively determine whose fault it was, and any admission could compromise that investigation and your insurance coverage.
Collect evidence
An important part of your insurance claim will rely on the evidence you present to the insurer. As such, you will want to take several photos of the accident scene, including damage to both vehicles. The scene should extend to the nearby surrounds like any hazards or road conditions that may have contributed to the accident.
If you have a dash cam recording, it is important you save and retain this footage. You will also want to make notes of any other observations relating to the crash scene and even the other party. Speak to any witnesses in the vicinity and ask for their details if you anticipate their version of events will be required.
Contact your insurer
First, you’ll want to check what condition your car is in. If it has been involved in a major accident, it is likely that it will be unroadworthy and require towing. Police at the scene would confirm this. If it is a minor accident, you may be able to drive home or to your insurer’s assessment centre.
Contact your insurance company and provide a full account on the accident. They will help you walk through all the necessary steps to lodge your claim, and if required, can offer assistance with towing the vehicle. Leave it with them to investigate and at all times make sure that you cooperate honestly with regards to any details.
For All Mobile Phone Users
At last a serious move has been taken to nab the drivers using mobile phones illegally while driving. New South Wales, Australia is the first place in the world to introduce mobile phone detection cameras, and these will be mounted without any warning signs saying that they are operating in the area. The technology was invented by a University of Melbourne engineering graduate, Alexander Jannink, after a cyclist friend of his was killed in late 2013 by a driver suspected of being on a mobile phone.
During a three-month trial of the new camera at two locations in Sydney, 100,000 drivers were detected using a mobile phone illegally. These motoring offences valued more than $34 million in fines. Those caught in the trial were found to be browsing Facebook, text messaging and one driver was also caught allowing his passenger to steer the wheel. Distracted drivers are very much a factor in motoring accidents, and placing the high-tech mounted cameras on our roads is a wonderful way to combat the habitual mobile phone actions of those who just can’t seem to leave their phone alone when behind the wheel.
It’s unsettling to notice drivers coming in the opposite direction with their eyes downward while on their phones. The new cameras have been developed with sophisticated software that automatically detects if a driver is handling a phone. The filtered images are then checked by a human eye before the weighty fine is issued.
I totally get what the NSW minister for roads and transport, Andrew Constance, recently remarked while on radio: “We want to create the same environment that we have around [random breath testing] because quite frankly using a mobile phone is equivalent to driving drunk behind the wheel.” Other Australian states are to follow the NSW lead.
The law states that fully licenced drivers are not allowed to use any physical function of the phone while driving. Making or receiving a call, playing audio, or using navigation maps can be done while the vehicle is parked and the engine not running. Voice controlled smartphone mirroring apps such as Apple Car Play and Android Auto, which uses the vehicle’s infotainment technology makes things a little safer.
The reality is that nobody wants to share the road with a driver who isn’t paying attention. When we’re driving, our focus should be on the road and getting everybody in the car to the destination safely.
Here are the mobile phone fines currently enforced in Australia:
NSW mobile phone fines: $344 and five demerit points, $457 and five demerit points in school zones, points doubled during double demerit periods.
Queensland mobile phone fines: $1000 and four demerit points from 1 February 2020, currently $400 and three points. Repeat offenders receive double demerit points if caught again within 12 months from the previous offence.
Victoria mobile phone fines: $496 and four demerit points.
Australian Capital Territory mobile phone fines: $480 three demerit points for handheld phone use, $589 and four demerit points for driver using mobile device for messaging, social networking, mobile application or accessing internet.
South Australia mobile phone fines: $554 and three demerit points.
Western Australia mobile phone fines: $400 and three demerit points.
Northern Territory mobile phone fines: $500 and three demerit points.
Tasmania mobile phone fine: $336 and three demerit points.
What the New Mandatory Data Sharing Law Means for Motorists
The Australian Competition and Consumer Commission (ACCC) recently took aim at car manufacturers. This time it wasn’t in relation to any specific mechanical controversies like the Dieselgate saga. Instead, it was about the after-purchase period concerning maintenance and repairs, where a lack of data sharing with independent mechanics has been said to ‘hurt’ everyday motorists. 
How did we get here?
Before we try to make sense of it all, let’s take a step back to a few years ago. In 2014, auto-makers agreed to a voluntary system where data sharing would be placed in the hands of manufacturers. Provisions were put in place that were designed to help independent mechanics access computer codes and calibration data among other information.
However, the voluntary nature of this program meant there were no formal obligations or requirements to comply with the intended aim of the program. More recently, in 2018, the Federal Government paved the way for a more structured approach to data sharing. Despite the matter being earmarked as part of ‘priority’ sector reform, it was largely overlooked amid more pressing issues until late last month when the Australian Government announced a mandatory data sharing law.
Why did it take so long?
For most of this discussion period, car manufacturers have continually expressed concerns about the idea of being compelled to comply with data sharing requirements. As such, you can imagine they were firmly opposed to any measure that would force them to provide your local independent mechanic with technical information about their vehicles.
Representatives regularly cited safety reasons for their reluctance to share data with independent mechanics. One of the key concerns was providing independent mechanics with access to complex information that may prompt them to undertake repairs beyond the scope of their training, or where they may otherwise be without the appropriate tools.
What impact might the new law have?
Independent mechanics have pointed to the increased sophistication in today’s cars to reinforce the need to access vehicle data. Jobs that were once a simple and easy fix in years gone by, have become increasingly complex if you believe the words of many independent mechanics.
In the eyes of the ACCC, this means motorists have been getting a raw deal on their servicing and repair costs. They estimate that drivers have been paying as much as $1 billion per year more than necessary on account of independent mechanics not having access to data that would make their jobs easier.
Meanwhile, in backing the call for greater data sharing, the Australian Automotive Aftermarkets Association (AAAA) noted that the US and European markets have established programs in place to facilitate data sharing. In the US alone, these measures are estimated to save motorists US$26 billion per year. It appears the government has the notion of consumer savings in its sights, which could help drivers save a pretty penny. However, will it prove wise to dismiss manufacturers concerns?
Should Dash Cams Become Compulsory?
We’ve previously documented the rise of dash cams, which are now a common sight on our roads. After all, technology plays an ever increasing role in addressing the day-to-day aspects of our lives, so it was only natural this would transition to our commuting habits as well. Who can look past the various online communities that have sprung up around the country with a hotbed of dash cam footage for every curious observer to take in?
Now however, it would seem the fanfare for dash cams has extended further, with many drivers calling for the equipment to become compulsory. Whereas these items were once considered a luxury, their affordability has now made them an accessible option for the majority of motorists.
What do motorists have to say?
In a recent survey by Smiths Lawyers, nearly three quarters (72%) of respondents are calling for dash cams to be a permanent fixture. To clarify, these motorists are advocating for the cameras to be recording at all times. Perhaps more pertinently, around 40% of drivers are in favour of dash cams being fitted to all vehicles, while a slightly smaller portion (34%) feel that the equipment should become a compulsory fitted device in all new vehicles sold across Australia.
You’re probably thinking that many of these respondents are those who already own a dash cam, instead trying to justify the measure to other motorists. Surprisingly however, just 26% of those surveyed own a dash cam, far less than the number calling for their roll-out. Leading the way in this area are Queensland drivers (30%), slightly ahead of those from NSW (26%) and Victoria (22%).
In what is perhaps the most interesting observation to come from the study, there were some particularly stark differences in opinion among different age groups. While elderly drivers aged over 65 were prominent advocates of compulsory dash cams – with 40% of respondents in favour – and nearly half of respondents aged 18-24 also backing the technology, it was one other group that took an unlikely stand. Among 25-34 year olds, 38% of respondents were against the notion of dash cams becoming mandatory.
Where we are at in terms of mandating dash cams
With drivers seemingly in support of mandating dash cams, are we actually likely to see the move go ahead? The utilisation of dash cams have made incident investigation a more effortless process for insurance purposes, helping drivers prove their claims and reducing burden on the courts. Arguably, there has even been an increase in driver awareness and education as a result of dash cams. But while there may be merit on an individual level, the notion of a mass roll-out has other considerations.
The primary obstacle is that government and manufacturers have not signalled any indication to mandate the technology in new cars. On the one hand, depending on how the data were to be stored, an integrated solution could give rise to privacy concerns. But beyond that, it’s an added cost that would be hard to pass through via higher car prices. Not only is it easy for drivers to access external dash cams, but the cost to auto-makers would still be high enough to eat into their margins when apportioned over a high volume of cars. For theses reasons, don’t expect a change in legislation any time soon.
Level 2, 9 Help Street