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Hi Andrew,

In 4 years of driving I've never been in an accident but I've heard some horror stories of people who were in minor accidents which cost a lot in repairs and insurance premiums. If you get into an accident should you always call the police? I used to drive for work and our insurance company taught us to never admit liability at the time, always take photos of the accident and get the other diver's details. Is there anything else you should do? I had two friends who recently got into accidents, in each case the other party accepted liability at the time. In the first instance, even though the other driver admitted liability his insurance company still phoned and grilled my friend regarding how the accident happened. Is this kosher? In the other instance, a young lady accepted liability at the time and then two weeks later backtracked and blamed my friend for not signalling off the roundabout when she crashed into the back of her. When there is no witness apart from the two parties how is fault determined?

The advice given to you by your insurance company is good advice. Gather as much information as you can - photos are helpful in the case of a dispute.
It is a common scenario for someone to admit liability at the scene (usually in a shaken up state), only to get home, discuss it with family and friends and in the cold light of day, change their story.
We have been involved in a situation recently where it was fairly clear to us who was at fault. The police were called and took statements. One of the drivers was cautioned but not charged.
After the fact, the driver who was cautioned and clearly seems to be at fault, changed their story so now his insurer cannot settle the claim (even if they believe their client is at fault).
The only way liability is able to be determined in this instance is for the two parties to go to the Disputed Tribunal.

Thanks Andrew.

-So if the other party's insurer calls you can you disagree to speak to them over the phone if their client has already admitted liability? I
- Who decides who is at fault in an instance where there is no witness? I always assumed no matter what happens if you rear end someone you're at fault
- The other one I heard is that if the car has an outdated WOF/Rego/restricted license carrying passengers that they are automatically at fault as they should not legally be on the road. How true is this? It is one of the things our insurer told us to check on the other car in the event of an accident.
- And when should you call the police? I understand there is no need in a nose to tail situation but if you believe the other party were speeding, did not hold a valid license or under the influence should you call the police?

-The insurance company has every right to do their own investigation, even if one party or the other has admitted liability. If you have nothing to hide, why would you not want to speak to them?
- In the event there is no witness and if it can't be established who is at fault, the matter goes to the Disputes Tribunal. The case I was alluding to involves a nose to tail but it's still in dispute, so while in most instances, these cases seem obvious, there may be extenuating circumstances that potentially could find the front car at fault. (Arguments about a car rolling back into another, for instance).
- Your contention that an unwarranted, unregistered car or an unlicensed driver will always be deemed to be at fault are not correct. While that driver may be charged with other offences, if, for example, a car runs a red light and tee bones them, that driver has caused the accident and is at fault.
- It's a judgement call whether or not to call the police. If you believe there are circumstances where the police need to be involved (alcohol, excessive speed etc) then do so. Also, just because it's a nose to tail doesn't necessarily mean the police don't need to be involved - there may be circumstances where calling them is justified.