If you’re in a car accident in New Zealand, the first few minutes can feel chaotic. But knowing exactly what to do next can save you time, money, and a lot of stress. Under the Land Transport Act 1998, you are legally required to stop and help if someone is injured — leaving the scene of an injury crash is a criminal offence. Even if no one seems hurt at first, injuries like whiplash or concussion may not show up immediately, and ACC covers personal injury treatment costs from motor vehicle accidents in New Zealand. Here’s what you actually need to know.
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This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.
Most people don’t think about insurance claims until they’re standing on the side of a motorway. But the decisions you make in the first hour — what you say, what you photograph, who you call — can determine whether your claim is paid out smoothly or dragged out for weeks. The difference often comes down to how well you document the scene and how quickly you notify your insurer. If you’re unsure about your current cover, it’s worth checking whether your car insurance is really protecting you before you ever need to use it.
What You Need to Know After a Crash
The central concept here is mitigation. Under New Zealand law, you are required to take reasonable steps to prevent further damage to your vehicle after a crash. That means securing a broken window with a tarp, stopping driving if the car is unsafe, and not leaving a drivable car in a blind spot. If you don’t, your insurer may reduce or deny your claim for the additional damage.
What I tend to notice is that most drivers focus on the other person’s fault and forget their own obligations. If you leave a car with a smashed window on the street overnight and it gets rained on, that water damage may not be covered. A quick fix with a tarp and a roll of tape can save you hundreds. You can find heavy duty waterproof tarps online that are cheap enough to keep in your boot.
When You Must Call the Police — and When You Don’t Have To
Not every car accident in New Zealand needs a police response. But getting this wrong can land you in legal trouble. Under the Land Transport Act 1998, you must call 111 and request Police if any of the following apply: someone is injured, in danger, or intoxicated; a vehicle requires towing; there is damage to unattended property (like a parked car or fence); a driver fails to provide their details; or there is an injury, death, or damage to an unattended vehicle or property. If the damage is major but no one is hurt, you can report the crash via 105 — the non-emergency police number — and you’ll get a police report number you’ll need for your paperwork.
One scenario that catches people out: you hit a parked car and no one is around. You might think you can leave a note and drive off. But under New Zealand law, damage to unattended property must be reported to Police. If you don’t, you could be charged with failing to stop and report. Take photos of the parked car, the damage, and the location, then call 105 to file a report. Your insurer will need that report number to process the claim.
For crashes where no one is injured and both cars are drivable, you don’t need to call Police at all. Exchange details at the scene and notify your insurer. But if the other driver refuses to give their details, call 111 immediately — that’s a legal requirement to stop and provide information, and failing to do so is an offence.
What to Collect at the Scene — and Why It Matters for Your Claim
The quality of your evidence directly affects how fast your claim is processed and how much you get paid. Insurers rely on what you provide at the scene, not what you remember a week later. Here’s what you need to collect, and why each piece matters.
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| What to Collect | How to Collect It | Why It Matters |
|---|---|---|
| Other driver’s full name, address, phone, email | Take a photo of their driver licence (front and back) | Your insurer needs this to identify the at-fault driver and their insurer |
| Other driver’s insurance provider and policy number | Ask directly and photograph their insurance card or document | Speeds up the claims process and confirms they are insured |
| Vehicle registration, make, model, colour | Photograph the number plate and the whole car | Links the driver to the vehicle and confirms ownership |
| Photos of damage, location, weather, road conditions | Take wide shots and close-ups from multiple angles | Helps the assessor determine fault and extent of damage |
| Witness names and contact details | Ask for their full name, phone number, and email | Independent witnesses can confirm your version of events |
| Dashcam or video footage | Save the file immediately and back it up | Video evidence is the strongest proof of fault |
One detail that’s easy to miss: note any driving conditions listed on the other driver’s licence, such as “must wear glasses.” If they weren’t wearing glasses at the time of the crash, that could affect fault determination. Recording a conversation is legally permitted in New Zealand, but it’s best to inform the other person to avoid misunderstandings. If you have a dashcam, make sure it’s working before you drive — it’s one of the cheapest ways to protect yourself. You can find front and rear dashcam kits online that are easy to install yourself.
How the Insurance Claims Process Works in New Zealand
Once you’ve collected the evidence and notified your insurer, the claims process follows a set sequence. Knowing what happens at each stage helps you avoid delays and disputes.
Lodging your claim — what to include and what to avoid
Contact your insurer as soon as possible — ideally within 24 hours. Provide all the evidence you collected at the scene: photos, witness details, the other driver’s information, and the police report number if you have one. Be completely honest on the claim form. Non-disclosure — like failing to mention an expired Warrant of Fitness or a previous modification — can void your policy entirely. Do not admit liability at the scene. Let the insurance companies determine fault based on the evidence. Saying “sorry” or “it was my fault” at the roadside can be used against you later.
Assessment, repair, and the difference between Market Value and Agreed Value
After you lodge your claim, the insurer will send an assessor to inspect the damage. The assessor may find more damage than is visible on the surface — that’s normal. Using the insurer’s repair network speeds up authorisation because the repairer and assessor communicate directly. If you use your own repairer, you may face delays while the insurer sends a separate assessor.
One of the most important decisions you’ll face is how your car is valued for payout. There are two options:
If the repair cost exceeds the car’s value, the vehicle may be declared a total loss. In that case, you’ll receive the agreed or market value minus your excess. If you disagree with the valuation, gather evidence quickly — TradeMe listings, dealer quotes, and recent sales of the same make and model — and submit it to your insurer within the timeframe they specify.
What happens if the other driver is uninsured
If the other driver caused the accident but has no insurance, your options depend on your own policy. If you have comprehensive insurance, you can claim through your own insurer, but you’ll pay your excess and may lose your no-claims bonus. If you only have third-party insurance, you’ll need to recover costs directly from the uninsured driver — which can mean taking them to the Disputes Tribunal. This is one of those situations where having a business law consultation can help you understand your legal options for recovering costs from an uninsured driver.
Getting a replacement vehicle — when it’s free and when it’s not
If the accident was not your fault and the at-fault driver is insured, you may be eligible for an accident replacement vehicle at no cost while your car is being repaired. Right2Drive offers this service — call 0800 004 203 before your vehicle is towed. The tow truck driver may offer to contact them for you. You might even get a lift with the tow truck driver to where your vehicle is being towed, and Right2Drive may deliver the replacement vehicle there or to the accident scene. If you caused the accident or the at-fault driver is uninsured, you’ll need to arrange and pay for your own car hire.
Frequently Asked Questions
Do I have to call the police if no one is injured? ▾
What if the other driver refuses to give me their details? ▾
Can my insurance claim be denied if my Warrant of Fitness has expired? ▾
What should I do if I hit a parked car and the owner isn’t there? ▾
How long do I have to report a crash to my insurer? ▾
Can I dispute the insurer’s valuation of my car? ▾
What Most Drivers Get Wrong About the First Hour After a Crash
The biggest mistake I see is people admitting fault at the scene. You might feel flustered or want to be polite, but saying “I’m sorry” or “I didn’t see you” can be used as an admission of liability. Let the insurance companies and the evidence determine fault. Stick to exchanging details and documenting the scene.
Mistake 1: Not photographing the other driver’s licence
A surprising number of people write down a name and number plate but don’t verify the details. The other driver could give you a false name or an old address. Taking a photo of their driver licence (front and back) gives you their full name, address, and licence number — all of which your insurer needs. If they refuse, that’s a red flag. Call 111.
Mistake 2: Leaving the scene without witness details
Witnesses often leave before you’ve finished exchanging details with the other driver. If you can, ask someone at the scene to stay until you’ve got their name and phone number. If they’re in a hurry, at least get their phone number and call them later. A witness statement can be the difference between a fault and a not-fault determination.
Mistake 3: Failing to secure the vehicle after the crash
Remember the duty to mitigate. If you leave a car with a broken window or a leaking radiator without taking reasonable steps, your insurer may not cover the additional damage. A tarp, a roll of duct tape, or a call to a tow truck can save you thousands. Don’t assume the insurer will cover everything — they expect you to act reasonably.
Mistake 4: Not checking your policy for towing coverage
Towing costs can vary considerably depending on distance. Some policies include towing, others don’t. If you’re unsure, check your policy documents before you need them. If you don’t have towing coverage, ask the tow truck driver for an estimate before they hook up the car. You can also call your insurer from the scene to confirm what’s covered.
If you want to avoid these mistakes entirely, it’s worth understanding the car insurance gotchas that NZ insurers hope you won’t know — many of them relate to what happens after a crash.
Being Prepared Before the Next Accident
You can’t predict when a crash will happen, but you can control how prepared you are. A few simple steps now can save you hours of stress later.
What to keep in your car at all times
Always carry your driver licence — physical or digital — when driving. Make sure your phone has battery and a working charging cable. Download a reliable map app like Google Maps, Apple Maps, or Waze so you can pin your location and screenshot it for time and place records. If you have comprehensive insurance, print a copy of your policy and keep it in your glove box. Know what your policy covers for accidents and towing.
How to handle a replacement vehicle if you’re not at fault
If the accident wasn’t your fault and the at-fault driver is insured, you’re likely eligible for a free replacement vehicle from Right2Drive. Call 0800 004 203 before your vehicle is towed. The tow truck driver may offer to contact them for you. You may even get a lift with the tow truck driver to where your vehicle is being towed, and Right2Drive may deliver the replacement vehicle there or to the accident scene. If you caused the accident or the at-fault driver is uninsured, you’ll need to arrange your own car hire and pay for it.
What to do if the damage is more than it looks
Insurer assessors often find damage that isn’t visible at the roadside — structural issues, alignment problems, or hidden fluid leaks. That’s why using the insurer’s repair network is usually faster: the repairer and assessor work together to authorise additional work. If you use your own repairer, expect delays while the insurer sends a separate assessor. If the repair cost exceeds the car’s value, the vehicle may be declared a total loss. In that case, you’ll receive the agreed or market value minus your excess.
For drivers who use their car for work, it’s also worth understanding work-related driving coverage in New Zealand — your personal policy may not cover business use, and that can void a claim after a crash.
Your Legal Obligations Don’t End at the Scene
Most people think the hard part is over once they’ve exchanged details and called their insurer. But your legal obligations continue after you leave the scene. Under the Land Transport Act 1998, you must report any injury crash to Police within 24 hours. You must also take reasonable steps to prevent further damage to your vehicle — that’s the duty to mitigate. And if you’ve claimed through your insurer, you must cooperate fully with their investigation, including providing access to the vehicle for inspection.
One area that catches people out is the requirement to report damage to unattended property. If you hit a parked car, a fence, or a mailbox, you must report it to Police via 105. Failing to do so can result in a fine or even criminal charges. The same applies if you hit an animal — you must stop and report it to the owner or the Police.
If you’re ever unsure about your legal position after a crash, it’s worth getting real estate and property law advice if the damage involves property, or a general legal consultation if the situation is complex. A small upfront cost can save you from a much larger problem later.
Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.
If this was useful, you might also want to read Car Insurance and Road Rules: How They Work Together in New Zealand.
Sources and Further Reading
Understanding Vehicle Depreciation Schedules for Insurance — Learn how depreciation affects your payout and how to choose between Market Value and Agreed Value.
Maximise Your Savings with Low-Mileage Discount Tips — If you drive less than average, you could be overpaying for insurance. This guide shows you how to check.
Compare NZ (2025). What to Do After a Car Accident in New Zealand. 🔗
Right2Drive (2025). Vehicle Accident Guide: After an Accident in NZ. 🔗
InsurSpy (2025). The Ultimate NZ Car Insurance Claims Flowchart: Your 2026 Step-by-Step Guide. 🔗
New Zealand Legislation. Land Transport Act 1998. 🔗
