Resolving a Liability Dispute Following a Car Accident

Following an accident, there is often much dispute between drivers and their insurers about liability or who was at fault for the incident. Ultimately, fault must be determined based on hard evidence, such as photographs, damage and skids on the road or testimony from eye witnesses.


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What can I do to help prove I am not at fault?

1. Always exchange details with the other drivers

If you do not have the name and registration details of the other driver, your insurer may not accept your claim for property damage.

2. Never admit fault

Accidents happen very quickly and parties involved in an incident are often confused and shaken up immediately afterward. This is not the time to admit that you were at fault, no matter what the other parties are saying to you. Try not to give a detailed statement until you have had time to calm down and recall what actually happened.

3. Take photographs 

If possible, use your mobile phone to take pictures of the accident scene and damage to your vehicle.

4. Get names of witnesses

If there were other drivers, pedestrians or cyclists present who witnessed the accident, make sure you ask them what they saw and get their contact information so that you can obtain a witness statement from them later if required.

5. Report the accident to police

Police will do further investigative work into the accident including collecting physical evidence and obtaining witness statements which may be used to prove fault.

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Last update on:
June 29, 2020
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 266 801 or chat via live chat to arrange free initial advice with our Principal lawyer, Greg Smith.

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