Cars and driving
Find out what to do if you have had a car accident or have been charged with a driving offence.
The laws about car accidents and driving offences can be complex. If you have a car accident, there may be disputes about who was at fault and who pays for the damage. If you are charged with a driving offence, you may receive a fine or lose your licence.
Car accidents
If your car is damaged in an accident, or your damage another car, you may have to claim or pay damages. There are steps you may need to take including negotiating who will pay, getting quotes or sending or responding to a letter of demand.
If anyone is injured or killed in a crash, call an ambulance and then the police on triple zero (000).
Online books
The Find Legal Answers Tool Kit is a collection of plain English books about the law. You can read them online or at your local public library.
Use the Tool Kit online books below to find information about car accidents and what happens if you need to go to court because of an accident.
DEALING WITH DEBT: A LEGAL GUIDE TO PERSONAL DEBT IN NSW
A guide that helps debtors understand common types of debt and debt recovery processes, consider alternatives for managing debt issues, and respond to debt recovery action in the Local Court of NSW.
- Read Chapter 9: The Local Court of NSW
- Read Chapter 10: Responding to a statement of claim
- Read Chapter 11: Small Claims Division
- Read Chapter 12: General Division
- Read Chapter 13: Judgment
- Read Chapter 14: Enforcement
- Read Chapter 15: Stopping enforcement
- Read Chapter 17:Sample templates and letters
- Read Chapter 18: Sample forms
The law handbook: your practical guide to the law in NSW
A practical guide to the law.
Useful links
- Legal Aid NSW – Car accidents
- Legal Aid NSW – Crashed your car?
- NSW Government – What to do at a road crash
- Financial Rights Legal Centre – Motor vehicle accident problem solver
Legislation
The main laws governing the use of motor vehicles on roads in NSW are:
- Road Transport Act 2013
- Road Rules 2014 - Rule 287 sets out the duties of a driver involved in a crash
- Road Transport (General) Regulation 2021.
There are also laws specifically dealing with motor accidents including the Motor Accidents Act 1988 and the Motor Accidents Compensation Act 1999.
Driving offences
If you commit a driving offence, you may receive a fine or get charged and have to go to court. You may sometimes lose your licence or have your car or number plates taken away by the police.
Guided pathway
The Legal Aid NSW guided pathways help you find the best way to deal with your legal problem.
Useful links
- Legal Aid NSW – My car or a driving offence
- Legal Aid NSW – Drink driving charges and you
- Legal Aid NSW – Drugs, driving and you
- NSW Government - Alcohol and drug driving offences
- NSW Government - Drink and drug driving penalties
- NSW Centre for Road Safety – Alcohol and driving
- NSW Centre for Road Safety - Drugs and driving
Character references
If you are going to court about a driving offence, you may need a character reference.
Legal Aid NSW has information about character references. Find information about how to write a character reference and when to get one. Sample character references are included.
The following three sample character references are based on real references and were originally published in the book Guilty Your Honour: representing yourself in NSW local courts when charged with drink driving 3rd edition by Helen Walsh, Walsh Publishing, 2006:
- Example 1 - Paul Mobbs on behalf of Felix Roonan
- Example 2 - Pam Johnson on behalf of Margaret Jones
- Example 3 - PJ Hammond on behalf of John Chance
Legislation
The main laws governing the use of motor vehicles on roads in NSW are:
Fines
If you receive a fine for a traffic offence, you might receive demerit points, or your licence might be suspended.
Online books
The Find Legal Answers Tool Kit is a collection of plain English books about the law. You can read them online or at your local public library.
Use the Tool Kit online books below to find information about fines.
DEALING WITH DEBT: A LEGAL GUIDE TO PERSONAL DEBT IN NSW
A guide that helps debtors understand common types of debt and debt recovery processes, consider alternatives for managing debt issues, and respond to debt recovery action in the Local Court of NSW.
Fined out
A practical guide to the NSW fines system.
Guided pathway
The Legal Aid NSW guided pathways help you find the best way to deal with your legal problem.
Useful links
Legislation
The Fines Act 1996 deals with fines in NSW.
Getting help
Legal Aid NSW, community legal centres and other organisations may give free legal help to people with a legal problem in NSW.
Find more sources of help on the Getting help page.
Legal information at the State Library
The Library has a large collection of textbooks, legal commentaries, legal encyclopaedias, databases, journals, legislation and court reports - everything you need for advanced legal research.
Finding legal information at the State Library
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