​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Evidence about fault

When gathering evidence about fault, you should: 

    Make n​otes about the accident

    It is a good idea to write down what happened in the accident while it is still fresh in your mind. You can prepare a statement, keep a note, or prepare a diary entry.

    You should keep a record of the following information about the accident:
    • ​date of the accident
    • time of day
    • location (street name, suburb/town/locality, nearest cross street or landmark)
    • colour, make and model of each vehicle involved in the accident, including the number plates
    • name of the driver of each vehicle and the owner of each vehicle (if it is not the driver)
    • how the accident happened
    • what the street lighting was like (if the accident happened at night)
    • the traffic conditions (lots of traffic, light traffic etc.)
    • ​​the speed limit on that road
    • the speed you were travelling
    • what the weather was like (raining, just finished raining, sunny, dark etc.)
    • any conversations you had with the other driver
    • details of any witness
    • any conversations you had with the witnesses
    • anything you think may have caused the crash
    • description of the damage to your car
    • the cost to repair your car, if known
    • whether the police attended
    • if it was reported to the police - the name, rank and station of the police officer and date and time reported
    • any other relevant details.

    If the matter goes to a hearing at court you can use this information to prepare a sta​tement. You can attach copies of any diagrams you draw, quotes and invoices y​ou obtain, and photos you take. 

    If you start a court case against the other driver, and need help preparing a statement, see: Instructions for preparing your statement (Plaintiff) - car accidents and Sample statement (Plaintiff) - car accidents in the Debt - small claims section of this website.

    If you receive a claim from the other driver, and need help preparing a statement, see: Instructions for preparing your​​ statement (Defendant) - car accidents and Sample statement (Defendant) - car accidents in the Debt - small claims section of this website.​​

    Get witness statements 

    If th​​ere were witnesses to the accident, you will need their contact details. If you were not able to get these at the scene of the accident, but the police were there, you may be able to get this information from the police. For more information, see Calling the Police

    After the accident you can contact any witnesses who saw or heard something that supports your claim, and ask them to prepare and sign a statement about the accident. You should contact witnesses as soon as possible after the accident so they don't forget any details. If the matter goes to court, the hearing date could be months or even years after the accident happened. The statements should not include opinions or beliefs or arguments about the law. They should include information about what the person saw, heard, did or said. 

    You can't force a witness to give you a statement. If the case goes to court, you may be able to serve the witness with a subpoena which orders them to give evidence. 

    For more information, see Instructions for preparing witness statements - car accidents

    For an example of a witness statement, see Sample witness statement - car accidents. ​

    Tak​e photos

    It is ​a good idea to:​take photos of the place where the accident happened ​take photos of the ​damage to your car, and to the other car, or other damaged property. ​

    Hint iconYou could take photos of the damage to the other vehicle with your mobile phone or camera.

    Draw a sketch of the scene 

    You should make a sketch of how the accident happened. A sketch can be helpful when dealing with insurance companies or if the matter goes to court. You should include as much information about the accident as possible. You can include the following: 

    • position of the cars involved in the accident 
    • position of any other cars e.g parked cars 
    • location of any witnesses 
    • trees, kerbs, or crossings 
    • name of the street and cross streets, if any 
    • lanes a​nd lane direction 
    • width of the street 
    • speed limit ​
    • traffic lights 
    • street signs e.g. stop signs 
    • any other relevant details.
    You could neatly label the sketch or you could use a key to show what your picture refers to. For an example of completed sketches see Sample sketch 1 and Sample sketch 2.

    Get a Police Incident Report

    If the Police came to the a​​ccident, you should apply for a copy of the Police Incident Report. For more information, see Calling the Police.​​​​​