Can I Claim If I Was Partly at Fault?

One of the most common misconceptions about CTP is that any degree of fault rules you out entirely. It doesn't. The NSW scheme was specifically designed so that most injured people, including those who contributed to the accident, can still access statutory benefits.

The key threshold: “mostly at fault”

What actually changes your entitlements isn't fault in general — it's whether you were mostly at fault, generally meaning your contributory negligence is assessed above 61%. Below that threshold, your access to statutory benefits is broadly the same as someone who wasn't at fault at all, although weekly payments after 52 weeks may be reduced for contributory negligence.

If you were mostly at fault

You can still access statutory benefits — weekly payments and treatment and care — but generally only for the first 52 weeks (for accidents on or after 1 April 2023; 26 weeks for earlier accidents), rather than the longer periods available to people who weren't mostly at fault. Common law damages are generally not available if you were wholly or mostly at fault.

If you were partly, but not mostly, at fault

You keep access to the longer statutory benefits periods (though weekly payments after 52 weeks may be reduced for contributory negligence, such as not wearing a seatbelt), and common law damages may be available if your injury is more than a threshold injury — though damages are generally reduced to reflect your share of the blame.

How fault is actually decided

The insurer assesses fault based on evidence — police reports, witness statements, dashcam footage, and sometimes expert reconstruction. It's not decided by who apologised first at the scene, and a traffic infringement (like a minor speeding fine) is relevant but not automatically determinative on its own.

Children are treated differently

Children who were 16 or under at the time of the accident can receive treatment and care for as long as they need it, regardless of fault — one of the scheme's more protective carve-outs.

If you disagree with a fault assessment

A liability or contributory negligence finding isn't automatically final. If it looks wrong — based on the evidence you have — you generally have review rights, and disputes can be taken to the Personal Injury Commission. Our guide to at-fault vs not-at-fault claims covers the detail. Gather your own evidence (photos, witness details, dashcam footage) early, since it's much harder to obtain months later.

Don't self-assess and give up early

A common, costly mistake is deciding on your own — often based on a rough gut feeling at the scene — that you were “mostly at fault” and not bothering to claim at all. That's a legal and factual question the insurer needs to formally assess against actual evidence, not something to pre-empt yourself. Even if you genuinely contributed to the accident, claim anyway and let the proper process determine what you're entitled to.