After an accident

What to do after a not-at-fault car accident in NSW

The step-by-step checklist for the first minutes, hours and days: what the law requires, what protects your claim, and the traps that cost drivers money.

Updated 7 July 2026 · 4 min read · Crash Assist team

The minutes after a crash are noisy: adrenaline, a blocked lane, a stranger insisting it wasn't their fault either. What you do next decides how smoothly the following weeks go: whether fault is easy to prove, whether you pay anything, and how quickly you're back in a car. Here's the NSW sequence, in order.

Step 1: Safety first

  • Check yourself and your passengers for injuries, then check the other vehicle's occupants.
  • Call 000 immediately if anyone is injured or trapped, or if there's a hazard like fuel on the road.
  • If there are no injuries and the vehicles are driveable, move them out of the traffic flow. NSW Police expect crash-involved vehicles to be moved when it's safe to do so.
  • Turn on hazard lights. At night or in poor visibility, keep everyone away from live lanes.

Every driver involved in a NSW crash must stop and share their particulars. Driving off is an offence. Get the other driver's name, address, registration and the vehicle owner's details if the driver isn't the owner. Their insurer and licence details help too, and if they'll phone their insurer and lodge the claim on the spot, note the claim number: a lodged claim locks the accident in, so you're not chasing a stranger to do it weeks later.

Our details checklist covers exactly what to collect. Start by photographing their number plate, then keep going: a rego alone is rarely enough to get a claim moving. The kit that moves claims: their name, address, insurer and, ideally, that lodged claim number.

Step 3: Capture evidence while the scene exists

  • Photos of both vehicles where they stopped, from several angles, before anything moves (if safe).
  • Close-ups of all damage, both number plates, and the wider scene: signs, lane markings, skid marks, debris.
  • Names and numbers of any independent witnesses: a stranger's account carries real weight in disputes.
  • If you have a dashcam, save the clip now: most units overwrite footage within days.

Do you need to report it to the police?

In NSW you must report the crash to police if anyone is injured or killed, if a driver fails to stop or exchange details, or if any vehicle needs towing. Call the Police Assistance Line on 131 444 (or 000 in an emergency) and keep the event number: it's solid evidence for your claim. Minor scrapes where details are exchanged generally don't require a report, but an event number never hurts a disputed case.

What NOT to do

  • Don't admit fault at the scene: not even a polite "sorry". Fault is a legal question decided on evidence, and here's how that works.
  • Don't accept a roadside cash offer. It will almost always be less than the real repair cost, and taking it can complicate your claim.
  • Don't sign anything from the other driver's insurer without understanding it: quick settlement offers tend to favour the party paying.
  • Don't authorise storage or repairs under pressure. Holding yards charge daily; know where your car is going and why.

You may not need your own insurer at all

Know your options. Claiming on your own comprehensive policy usually means paying an excess and adding a claim to your history, even when you did nothing wrong. Because the other driver was at fault, you can claim against their insurer instead. That's exactly what our not-at-fault claims service does, at no cost to you if you're eligible.

Getting home: staying mobile

If your car is undriveable, accident towing in NSW is regulated and, for a not-at-fault driver, generally recoverable as part of the claim. Who pays for towing explains the rules and the holding-yard trap. From there, an eligible not-at-fault driver can have a like-for-like replacement car arranged, subject to eligibility requirements being met.

Your first-48-hours checklist

  1. 1 Everyone safe, 000 called if needed, vehicles out of traffic.
  2. 2 Other driver's full details collected: name, rego, insurer, and the claim number if they've lodged.
  3. 3 Scene, damage and witness details captured on your phone.
  4. 4 Police report made if required (131 444), event number saved.
  5. 5 Dashcam footage saved and backed up.
  6. 6 Injuries: see a GP even if you feel "mostly fine"; soreness often lands a day later, and NSW CTP injury claims have time limits.
  7. 7 Before paying for anything, check your eligibility: repairs, towing and a replacement car may cost you nothing.

Quick answers

Should I tell my own insurer even if I'm not claiming with them?

No, not on a third-party recovery claim. If you're not at fault and liability is established, your claim runs against the at-fault driver's insurer, and Crash Assist runs it for you. Your excess and no-claim bonus never come into it.

Do I need a police report to make a not-at-fault claim?

Not usually. Claims commonly proceed on details and photos alone. A police event number becomes valuable when fault is disputed or the other driver disappears, and it's mandatory to report in the situations listed above.

The other driver apologised and admitted it: is that enough?

It helps, but people change their story once an insurer is involved. Evidence beats apologies: photos, witnesses and dashcam. If they later deny fault, that's what wins.

About this guide: general information for NSW drivers, prepared by the Crash Assist team, not legal, financial or insurance advice. Accidents turn on their facts; for an answer specific to yours, get in touch, it costs nothing to ask.

Not your fault? Let's sort it.

Replacement car, claim and repairs, one Sydney team, at no cost to you if you're eligible.

Eligibility is confirmed after we review your accident. One quick call is all it takes.