After Car Accident, Details Exchange, Are You Required to Produce Licence?

chumbucket on 10/10/2017 - 09:41

Was involved in a car accident last week, and without going into the he said-she said stuff, are you actually required to show your drivers license to the other driver?
I understand that confirmation of identity is required, but I feel this can be achieved in other ways.
My issue is with somewhat unreasonable people who insist they were in the right, and seem somewhat violent after an accident, not only have your complete details, but also your home address?

Are there other alternatives to actually showing them your drivers licence?

In NSW if that is relevant.

Automotive

Comments

  • nocure on 10/10/2017 - 09:46
    +11

    Regardless of damage, if you are asked to, you must provide the owner or driver of any other vehicle involved in the crash with the following information:

    Your name, address and licence details
    Your vehicle registration number
    If you are not the owner of the vehicle, the name and address of the owner.
    You can ask the other driver(s) for similar information.

    http://www.rms.nsw.gov.au/roads/safety-rules/safe-driving/af…

    • chumbucket on 10/10/2017 - 09:56
      +2

      Handy piece of info. Never thought to ask if the car was registered to the driver.

    • Thrift on 10/10/2017 - 12:23
      +4

      RMS aren't correct about being required to provide 'licence details'.

      NSW Road Rules 2014, 287 Duties of a driver involved in a crash:

      4) For this rule: required particulars, for a driver involved in a crash, means:
      a) the driver’s name and address, and
      b) the name and address of the owner of the driver’s vehicle, and
      c) the vehicle’s registration number (if any), and
      d) any other information necessary to identify the vehicle,

      OP says:

      I understand that confirmation of identity is required … My issue is [aggressive other party] not only have your complete details, but also your home address?

      You are not required to confirm your identity to the other driver - if they are not satisfied they should call the police (who will confirm your identity).

      You don't have to give them your home address, but it has to be a valid contact address such as your workplace.

      If they are aggressive and you are worried about your safety you should call the police. Or if it is necessary that you leave without giving your details, you have to give your details to a police officer within 24 hours (Rule 287 3(b)).

      Also you shouldn't let them take a photo of your licence (even though it's an easy way to record details), particularly the backside. There's a number on the back that, combined with the front details, allows someone to add your licence to an anonymous Service NSW account and get/modify your RMS information.

      • chumbucket on 10/10/2017 - 14:17

        You don't have to give them your home address, but it has to be a valid contact address such as your workplace.

        Hopefully there wont be a next time, but thats good advice! (so is the rest of your comment)

  • the-mal on 10/10/2017 - 09:49
    +1

    Edit: Already answered above!

  • altomic on 10/10/2017 - 09:57
    +1

    somewhat unreasonable people who insist they were in the right, and seem somewhat violent after an accident,

    you will have their details too.

    • chumbucket on 10/10/2017 - 09:59
      +1

      Yes, but if they come through and work your car over at night, you would have to prove they were responsible somehow. Would be much easier to know they cant come though at a later date and just let insurance handle everything. After all thats what I pay them for.

      • Euphemistic on 10/10/2017 - 10:27

        but they've already worked your car over in the incident!

        What you describe sounds highly unlikely. Most people after a crash will have adrenalin rushing through their veins and will calm down afterwards. If you do the right thing afterwards, claiming on insurance etc promptly and respond efficiently and politely to their communication they should have no reason to get back at you unless you did something to them deliberately.

        • chumbucket on 10/10/2017 - 10:49

          You're probably right. Although they might get upset when they realise the photo's I sent my insurer will render their claim of myself at fault null.

        • jorf on 10/10/2017 - 11:18
          +1

          I have this exact problem - road rager crashed into me a few weeks back after trying to overtake me on the left road shoulder.. he's 100% at fault, I have video proving it, insurance agrees with me, but he was wildly angry, threatened violence and claims it was my fault.

          Licenses were exchanged, but as he lives very close to me, I now have concerns that at some point between now and who know when, he'll decide to get some revenge because he was a complete moron.

          I think it's a legit problem - you should only legally have to swap license numbers, not your full license details.

        • EightImmortals on 10/10/2017 - 11:36

          @hcca: Can you setup a camera where you park your car at night?

        • jorf on 10/10/2017 - 11:51

          @EightImmortals:

          I have, but i'm hoping that I won't need to rely on it.

        • EightImmortals on 10/10/2017 - 11:51

          @hcca: You should be OK, unfortunately these days it might be better to keep it there for a few months.

        • jorf on 10/10/2017 - 11:56
          +1

          @EightImmortals:

          If anything does happen, everything will get sent to the cops (and in fact, he should hopefully realise that he's damn lucky I haven't done that already - they would definitely charge him over it). Also, the dashcam footage (which clearly identifies his company) will go on every site I can find.

        • chumbucket on 10/10/2017 - 13:33

          @hcca: precisely why I bought this guy yesterday. I was lucky enough to take a few snaps on my phone before we moved the cars, but if I'm unable or the damage is more extensive it would cause alot of grief the next time around.

        • simmos on 11/10/2017 - 08:44

          @hcca: You should send to the cops and not wait until he does something bad first. He needs to face the law and he will know he is the primary sus if he seeks revenge.

  • Randxyz123 on 10/10/2017 - 10:21
    +3

    If they didn’t I’d be inclined to call the cops to attend as you would have reasonable grounds to suspect them giving you a false address.

    It’s not a requirement but it should be.

  • Gronk on 10/10/2017 - 10:48
    +1

    You haven't elaborated on what these other means of identification are, I have some doubts about whether they would hold up in court though.

    If I were involved in an accident and the driver of the other vehicle didn't want to hand over their license I'd assume it was because they had something to hide, either drugs or alcohol in their system or perhaps it was suspended.

    Being intimidated isn't a good enough reason to withhold your information, especially if you're the at-fault party, you have an obligation to meet.

    • chumbucket on 10/10/2017 - 10:59

      Whilst it may read that way, I wasnt the at fault driver, but the other driver is also claiming the same. I just didnt think that was relevant in this topic as my question was about ID after the accident.
      As for elaborating on other means of ID, perhaps showing the licence with the address covered? Still confirms details/licence number etc.

      • Randxyz123 on 10/10/2017 - 11:34

        Why are you covering the address??

        You need it for an insurance claim. The rules need to be updated.

        • chumbucket on 10/10/2017 - 13:23

          The rules need to be updated.

          What are you suggesting? That you shouldn't need it for a claim?

          Edit: Saw your earlier comment

  • Hellfire on 10/10/2017 - 12:04
    +1

    You don't actually need to show your licence after a crash (except to the police if requested). You possibly need to provide the licence details through.

    The RMS says 2 different things on their website:

    1. You just need to give them the licence information. Nothing about showing it to them.
      http://www.rms.nsw.gov.au/roads/safety-rules/safe-driving/af…

    2. Licence information not required.
      http://www.rms.nsw.gov.au/geared/your_driving_skills/car_cra…

    The NSW Police say that licence details are optional and you aren't legally required to provide them as an exchange of details.
    http://www.police.nsw.gov.au/__data/assets/file/0004/315445/…

    • altomic on 10/10/2017 - 12:25
      +2

      but address is required. that is what OP is basically asking - "do I have to give my address?"

      I'd be asking for a licence to check their address. and their name and DOB.

      other wise you'd probably be lodging a insurance claim form with the Other Driver details of:

      Name -John Smith
      Address - 5 station st, Smithtown
      Phone - 555-1234
      rego (later revealed to be a stolen plate)

      then we'd see a post on Ozbargain "other driver gave false details in crash, insurance company has denied claim - help!"

      get the other drivers full details. check their details. cover yourself.

      • Hellfire on 10/10/2017 - 12:46
        +1

        Yes the OP does need to provide his address so he can't avoid that.

        They don't need to show you their licence although it's the easiest way to provide the details in an honest way.

        You can call the police if you suspect that the other party is providing false information.

  • CLoSeR on 10/10/2017 - 12:40

    You need to provide your name and address.

  • crentist on 10/10/2017 - 14:11

    your license is enough for someone to get phone numbers in your name, or even switch your current number to a new sim card. this may only apply to prepaid, but its a bit of an identity theft risk

  • garffi on 10/10/2017 - 17:02

    But wouldn't you want to check their license to make sure they're not providing false information? No one wants to provide their info to strangers especially aggressive ones, but what if he/she gave you false details and you have no insurance?

    • Thrift on 10/10/2017 - 17:19

      You have the registration plate, from there the police can get involved. A smart you would also have photos, if not dashcam video, of the vehicles and damage.

      • garffi on 10/10/2017 - 18:20

        Yes but that can all be avoided by getting their correct details in the first place. When my dad was involved in an accident a few years ago, the police arrived and asked both parties to provide a name and address for each other. He didn't want to provide his address (like OP), but police told him that he was obliged to do so. This is in VIC, may be different to NSW.

      • Gronk on 10/10/2017 - 18:43

        You have the registration plate, from there the police can get involved.

        The license plate alone isn't enough because it doesn't verify who the driver was at the time of the incident, that's important information if your case needs to go to court.

        • Thrift on 10/10/2017 - 20:24

          The license plate alone isn't enough because it doesn't verify who the driver was at the time of the incident

          Which is why the police, in following up the driver who failed to provide required particulars, will contact the registered operator and require they identify the driver - it's an offence if they don't. (NSW Road Transport Act 2013, section 177 Requirement for responsible person to disclose driver identity)

          You can request to see someone's driver licence, but it is against the law to demand (or make a statement that could reasonably be understood that the other person is required to produce) their driver licence. (NSW Road Transport Act 2013, section 179 Unauthorised demand for production of relevant Australian driver licence)

        • Gronk on 11/10/2017 - 12:01
          +1

          @Thrift:

          Oh but of course, I forgot how there are police officers just sitting around dormant at police stations across the country waiting for someone to file a traffic report which they can follow up on - how forgetful of me!

      • whooah1979 on 10/10/2017 - 18:49

        You have the registration plate, from there the police can get involved.

        The registered operator of the vehicle aren't normally liable for what the driver does unless the driver is driving a company vehicle.

  • CMH on 11/10/2017 - 00:35
    +1

    I think its pretty clear now that producing your license is NOT required.

    "If you are involved in a crash you must provide your name, address, registration number, and vehicle owner’s name to others involved in the crash, or their representative, and to the police (if they are there)" - vicroads. (for those in Victoria)

    https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r…

    Straight from the horse's mouth.

    Now my question is address, I'm quite sure its an address you can be contacted at, not your place of residence.

    If this is true, a PO Box is fine.

    • whooah1979 on 11/10/2017 - 17:31

      If this is true, a PO Box is fine.

      Interesting. I just hit your vehicle. Totally my fault. I tell you I don't have insurance and don't want to show you my drivers license, but don't worry here my po box. Would you be cool with that?

      • CMH on 11/10/2017 - 20:44
        +1

        My question is not about what's "cool" or not, but what is legally required.

        We are not discussing what we should do as decent human beings.

        If we are, I think you should offer to pay the other guy for the damage, plus tips, and a limo ride back home. Even if it's your fault.

        • whooah1979 on 11/10/2017 - 20:54

          but what is legally required.

          the requirement is that the address needs to a contactable address.

          why would a driver provide a po box?

        • CMH on 11/10/2017 - 20:57

          @whooah1979:

          You can contact someone via post through a PO Box right?

        • whooah1979 on 11/10/2017 - 21:06

          @CMH:

          You can contact someone via post through a PO Box right?

          sure can. but it causes unnecessary delays. one would think that a reasonable driver would like matters like this be settled as quickly as possible.

        • CMH on 11/10/2017 - 21:33
          +1

          @whooah1979:

          Again, not relevant to the legal requirement.

    • Euphemistic on 12/10/2017 - 08:42

      PO Box might pass, but I'm sure the idea is identifying you by both your name and where you live. It might be a relic of bygone days that has been superseded by Licence number or similar.

  • CMH on 11/10/2017 - 20:43

    Double post.

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