Accidents
Insurance
Helpful Contacts

The rules of driving generally apply to all drivers regardless of your age. The differences occur particularly with rules relating to drinking and driving. Some of the rules also now apply to skateboards, rollerskates and rollerblades. These rules are:
[“Careless Driving” s 6 Land Transport Act ]

2. If an accident occurs you must stop, help anyone injured, then report the accident.

Some important points to be kept in mind:

• Has your car been registered?
• Does your car have a current warrant of fitness?
• Are you aware of any medical condition you may have that will affect your driving?
• Do you wear glasses?
• Are you wearing a seat belt?
• Does your driving suit the conditions?

The following sections outline your rights and responsibilities in relation to driving and being on the road.

Remember, if you are convicted of a driving offence which has a penalty of a fine or imprisonment, you can be given both or any one of the penalties. Accidents What should I do if I have an accident? If you have an accident you must stop your vehicle (Remember vehicles now include cycles, skateboards and roller blades) and check whether any persons have been injured, property damaged, or animals hurt. If someone is injured you must help them in any way you can. It is important that you stay at the scene of an accident. Should I say it was my fault if I am involved in an accident? It is a good idea not to admit liability (fault) during the period of distress following the crash. You may in the confusion admit blame when it was not your fault. Or you may think wrongly that you are liable, when legally you are not. Or you may take all the blame when the other driver is partly at fault. It is also possible that you will offer to do things for the other motorists that aren’t covered by your insurance. It is better to talk to a legal advisor at your local Citizens Advice Bureau, community law centre or lawyer, before you admit liability to anyone. If you admit liability your insurance company may not pay out. You may be held responsible for damage done to the other car and your admission of liability will be taken into account when the police decide whether to charge you. There is one exception to not admitting liability and that is if you feel threatened by the other motorist. In this situation it is okay to admit liability, but inform the police immediately that you were threatened and that you admitted liability under threat. What happens if I don't stop after an accident? If someone is injured and you don't stop, you commit an offence. The maximum penalty for this is imprisonment for up to 5 years and/or a fine of up to $20,000 and losing your licence for at least 1 year. If no one is injured and you don't stop you commit an offence. The maximum penalty for this is imprisonment for up to 3 months and/or a fine of $4500, and losing your licence for at least 6 months. These are maximum penalties, which are unlikely to be given, but failing to stop can be a serious matter. It is a defence to a charge of not stopping after an accident if you believe that by stopping you are in “genuine fear” for your personal safety or the safety of someone else in the vehicle. If this happens you should report it to the police immediately and tell them exactly why you did not stop at the accident scene. Do I have to report the accident to the police? Even if no one has been injured you still have a lawful requirement to report the accident to the police unless a police officer asks you to. If someone is injured you must report it to the police as soon as possible and at the latest within 24 hours, unless you are injured or the police were at the scene of the accident. If you damage another person's vehicle or property you must give the driver or owner of the vehicle your name and address (and if the vehicle you were driving isn't yours, the name and address of the owner of the vehicle) as soon as possible and at the latest within 48 hours. You can be fined up to $5000 if you don't do this. If you can't find them, you must report the damage to the police within 48 hours at the latest. What else should I do if I have an accident?

• Get the name, address and insurance details of any other drivers involved.
• Get the names and addresses of any witnesses to the accident.
• Write down all the details of the accident as soon as you can. Include the speed you were travelling, road conditions, the time, the place and what happened.
• If you're insured, contact your insurance company as soon as you can.

Insurance What is Insurance and how does it work? Most insurance companies insure young people in the 15-24 age group, although it is generally very expensive. Most companies will also insure young people on their Learner or Restricted Licences, although some companies won't insure you until you have got your Full Licence. When insuring, they generally take into account the type of car you want insured, where you live and your age. There are three main types of vehicle insurance. These range from full cover to cover of other people’s property only. You will need to read the terms of your policy carefully.

A. Comprehensive Insurance

This is sometimes called Fully Comprehensive Insurance. It means full insurance. If you hit someone the insurance company will pay for any damage to your car, their car, and any damage to other property, e.g. a power pole. However, you must show that either the car is yours, is partly owned by you, or you will suffer loss if it is damaged or stolen. This type of insurance is the most expensive, especially if you are under 25 years. You may include other people, who may drive your car, on your policy. However, it is often cheaper to nominate drivers, whose names must be entered on the cover of the policy. Alternatively, it may be cheaper to use the same insurance company as your parents, or to have the car under your parent’s name but to elect you as a nominated driver.

B. Third Party Property

This covers damage to other people’s cars and property, but the insurance company will not pay for damage to your car.

C. Third Party with Fire and Theft

The insurance company will pay for damage to the other person’s car. It will also pay for your car if it is stolen or damaged in a fire. It is important to note that for any insurance claim you usually have to pay “excess”. This is the amount of money that you have to pay before your insurance company has to pay anything. The amount varies from company to company. Again it is usually more expensive if you are under 25. One insurance company’s excess charge is $600. You may get the excess back from your insurance company if it can be proven that another person has hit your car, and the damage to your car was their fault. If the damage costs less than the amount of the excess, it is sometimes better not to put in a claim with the insurance company at all. This is because you lose your “no claims bonus” for a year. A no claims bonus is a discount you receive if you make no claims during the year. More Questions: What happens if I am insured but I have an accident and I have breached the terms of my Learner or Restricted Licence? It depends on which insurance company you're with. Most companies will not pay out under any circumstances if you have breached the terms of your licence. If you are insured you probably had to pay quite a lot to the insurance company, so it is sensible to comply with any conditions attached to your licence so that you can get the benefit of the insurance if you have an accident. What happens if I'm insured and I am involved in an accident with someone who isn't insured? My car is badly damaged and the accident was their fault. This depends on the kind of insurance you have. If you have comprehensive insurance you can make a claim to your insurance company. If you can prove the accident was their fault you may get your excess back. If you only have 'third party' insurance you will need to try and get the person who caused the accident to pay for your car to be repaired. If they won't agree to this you will need to make a claim against the person who hit you in the District Court or Disputes Tribunal. (See Disputes Tribunal below) What happens if I hit someone and I don't have insurance - or much money? The person you hit or their insurance company will probably try to get you to pay for the damage to their vehicle. You should first get some legal advice about whether or not the accident was your fault. If you accept the accident was your fault it is sometimes better to sort the matter out at an early stage to avoid paying further legal costs. Before making any agreement to pay you should be satisfied about the extent of damage to the other car and ask to see at least two quotes for the repair work. If you agree to pay for the damage you may be able to pay in weekly or monthly instalments if you don't have much money. If you only have a low income or no income at all the other driver or the insurance company might feel sorry for you and decide its not worth taking you to court. Make sure that if you tell them about your financial situation you do not also say that you accept responsibility for the accident, as they can use that against you in court. It is often best to deal with other drivers and insurance companies in writing rather than face to face or on the phone so that you don't say anything unhelpful. Get any letters checked by a lawyer at a CAB or community law centre before you send them. Your parents cannot be taken to court or held responsible for damage you have caused to another car, whatever your age, as long as they couldn’t reasonably expect that situation would happen, and could not be reasonably exercising control over you at the time. If you are not able to make a reasonable offer to pay for the damage or you do not stick to the agreement then most insurance companies will take you to the Disputes Tribunal or District Court. If I have an accident under the influence of alcohol, would this affect the insurance? Insurance companies will not provide insurance cover if you have an accident and are over the legal alcohol limits. Companies may provide cover if you are within the legal limits. Helpful Contacts SADD (Students Against Drunk Driving) PO Box 1, Christchurch Ph: (03) 374-9218 The Insurance Council PO Box 474, Wellington Ph: (04) 472-5230, or 0800 656-516 The Insurance Council has a service which deals with questions about insurance and complaints about insurance companies. Insurance Ombudsman PO Box 10845, The Terrace, Wellington Ph: 0800 888-202 The Insurance Ombudsman hears complaints about insurance companies. However, you must have at first tried to sort the problem out through the insurance company's complaints procedure. YouthLaw Tino Rangatiratanga Taitamariki PO Box 7657, Wellesley St, Auckland Ph: (09) 309-6967, Fax: (09) 307-5243. Also see your telephone directory for your local:

• Citizens Advice Bureau
• Community Law Centre
• New Zealand Automobile Association (AA). This has a legal advice service for members and provides information on Driver Education. Driver Licensing Helpdesk Ph: 0800 822422.
• Land Transport Safety Authority. Website www.ltsa.govt.nz
• Police Station - For questions about Driving Licences and Traffic Offence Notices. Note: This information sheet was produced by YouthLaw Tino Rangatiratanga Taitamariki Inc. and was last updated and reviewed in November 2001. Its contents are true and accurate to the best knowledge of YouthLaw Tino Rangatiratanga Taitamariki Inc. However, YouthLaw Tino Rangatiratanga Taitamariki Inc. assumes no liability for any losses suffered by any person relying directly or indirectly on this information sheet as it is not advice to a particular client. If you want advice, please contact us. ISBN # 0-909004-11-0. The Legal Services Agency provided the funding for the production of this information sheet