What Evidence Should You Collect After a Car Accident in NSW?

After a motor vehicle accident, one of the most important things you can do is preserve evidence early.

In property damage disputes, the outcome often turns not only on what happened, but on what can actually be proved. Photos, dashcam footage, repair documents, towing records, witness details and contemporaneous notes can all become important when liability or the amount of a claim is disputed.

Below is a practical guide to the evidence worth collecting after an accident in NSW.

Photograph the accident scene

If it is safe to do so, take clear photographs before the vehicles are moved.

Useful photographs can include the position of each vehicle; damage to all vehicles involved; the road layout and lane markings; traffic lights, signs and intersections; skid marks, debris or fluid on the road; nearby driveways, parked vehicles or obstructions; and the surrounding area from several angles.

Wide photos showing the overall scene can be just as useful as close-up images of damage.

If you were unable to take photographs at the time, it may still be useful to later obtain images of the location and preserve screenshots showing the road layout, signage and intersection configuration.

Save dashcam and other video footage immediately

Dashcam footage can be particularly important in a disputed liability claim.

Do not assume the footage will remain stored. Many dashcams automatically overwrite older recordings, so relevant footage should be downloaded and backed up as soon as possible.

Also consider whether footage may exist from nearby businesses, residential security cameras, car parks, buses or commercial vehicles, or other motorists who stopped at the scene.

Where third-party CCTV may exist, requests should be made promptly because footage can be deleted or overwritten.

Record the other driver and vehicle details

Make sure you keep a record of the other vehicle’s registration number, make, model and colour; the driver’s name and contact details; the owner’s details, if different from the driver; and insurer details, if available.

If there are multiple vehicles involved, record each one separately.

Identify witnesses

Independent witnesses can be extremely helpful where the drivers give different accounts of how the accident occurred.

Obtain the witness’s name, phone number and email address where possible. It is also useful to make a note of where the witness was positioned and what they said they observed.

Write down what happened while it is fresh

As soon as practical, make a detailed note of the accident.

Include matters such as the direction each vehicle was travelling; the lane each vehicle was in; traffic signal colours; whether either vehicle was turning, merging, reversing or changing lanes; weather and road conditions; approximate speed; anything said by the other driver; and what happened immediately before and after impact.

A contemporaneous note can be much more useful than trying to reconstruct the event months later.

Keep evidence of the vehicle damage

For a property damage claim, evidence of the physical damage and the cost of rectification is central.

Keep copies of repair quotations, assessor reports, repair invoices, photographs of the damaged vehicle, total-loss or valuation documents, parts invoices where relevant, and correspondence with repairers or insurers.

If the vehicle is written off, evidence regarding its pre-accident value and any salvage value may also become relevant.

Keep towing and storage records

If the vehicle had to be towed, retain the towing invoice and any storage invoices.

The NSW Uniform Civil Procedure Rules expressly contemplate claims arising from the repair or loss of a motor vehicle, towing and the cost of hiring a replacement car where those losses are alleged to have resulted from another person’s negligence.

Keep records of replacement transport

If you need alternative transport because your vehicle cannot be used, preserve evidence of the reason for and cost of that transport.

Depending on the circumstances, this may include replacement vehicle or hire car agreements, invoices and payment records, taxi or rideshare receipts, and records showing when your vehicle was unavailable.

The reasonableness of the expense and the connection between the accident and the need for replacement transport can be important.

Record any other property damaged in the accident

Damage is not necessarily limited to the vehicle itself.

Personal items inside the vehicle may also be damaged in an accident. Photograph those items and keep receipts, replacement quotes or other evidence of value where available.

Keep evidence of lost income or business interruption

Where an accident affects the use of a business vehicle, additional evidence may be required.

This might include job bookings, invoices, business records, vehicle utilisation records, proof of cancelled work, and records showing the period the vehicle was unavailable.

Claims for lost income require careful evidence and should not simply be estimated without supporting material.

Keep all insurer and third-party correspondence

Save emails, letters, claim numbers, settlement offers and notes of telephone conversations.

Where possible, confirm important telephone discussions in writing afterwards. This helps create a clear record of what was said and when.

Do not dispose of important evidence too early

Before repairs are completed or damaged property is discarded, consider whether an insurer, assessor or opposing party may need an opportunity to inspect it.

Where a dispute has already arisen, obtaining advice before disposing of important physical evidence can avoid problems later.

Why evidence matters

A motor vehicle property damage claim usually requires a claimant to establish both liability and loss.

In practical terms, that means being able to show why the other party is responsible and what financial loss resulted from the accident.

NSW Legal Aid identifies common accident losses as including vehicle repair costs or written-off value, towing, damaged personal items, reasonable replacement vehicle costs and lost income. Good records make it much easier to properly assess and support those losses.

How K+M Legal can help

Motor vehicle property damage disputes can involve disagreements about liability, repair costs, replacement vehicles, towing, loss of use and other accident-related losses.

K+M Legal can assist with assessing the claim, identifying the evidence required, dealing with insurers and third parties, and pursuing recovery where appropriate.

If you have been involved in a motor vehicle accident and are unsure what evidence you need, obtaining advice early can help preserve important material before it is lost.

This article provides general information only and does not constitute legal advice. The appropriate evidence and available claims will depend on the facts of each matter.