Macarthur & Wollondilly · Car accident lawyer help

Car accident lawyer help for people in Camden Park

Free, by phone or online. We tell you honestly whether a fault question needs a lawyer.

Fault after a car crash is rarely all or nothing. The insurer may split it between drivers, reduce your claim over a missing seatbelt, or accept the other driver's account over yours. If you live in or travel through Camden Park, our free claim check helps you understand what a fault finding means for you, and whether an independent lawyer should test it. There is no obligation and nowhere you need to go.

Postcode: 2570

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  • By phone & online, no office to visit
  • Helping people in Camden Park & Camden South

Local context for a fault question in Camden Park

On Appin Road, Picton Road or Remembrance Driveway, a crash on a quieter stretch may leave you as the only witness. Your photos and a prompt police report may be the main record of how it happened. Hospitals serving the area include Campbelltown Hospital. Wherever you were first seen, describe the crash accurately and consistently. Insurers compare early medical notes with later accounts when they decide who caused a collision. With Menangle station and Campbelltown station nearby, buses and other commercial vehicles are a regular part of local traffic. Many carry cameras, so if one was involved in your crash, ask early whether the footage was kept.

Region
Macarthur & Wollondilly
Postcode
2570
Main roads
Menangle Road · Macquarie Grove Road
Nearest public hospital
Campbelltown Hospital
Getting around
Menangle station · Campbelltown station

The first hours after a crash, and the question of fault

Fault arguments are built from small details. Before the cars are moved, if it is safe, photograph where each one stopped and the damage to each. Look for skid marks, debris and the traffic signals. Then write a short account in your own words: where you were going, what you saw, and when you first noticed the other vehicle. Keep it factual and keep it.

  • The lane each vehicle was in, and any lane change
  • Where each car came to rest, photographed before moving if safe
  • Exactly what the other driver said, written down that day
  • Weather, light and the road surface at the time

Read next:What to do after a car accident in NSW

What fault changes in your claim

Most people hurt in a car crash can claim statutory benefits regardless of fault, covering weekly payments and reasonable and necessary treatment. Fault matters most for the lump sum. Common law damages are only possible if another driver was at fault, you were not mostly at fault, and your injury is more than a threshold injury. So a fault finding against you can close off damages even while benefits are paid.

Rules change

Your accident date decides which rules apply. Accidents before 1 December 2017 fall under the older 1999 Act, and some limits changed again on 1 April 2023.

Read next:At fault vs not at fault

Four ways fault can play out after a car accident

Fault rarely decides whether you can claim at all. Most injured people get statutory benefits whoever caused the crash. What fault changes is how long those benefits can run and whether a lump sum is possible. These four positions cover most car accidents.

  1. Situation 1

    You were not at fault

    If another driver caused the crash, their vehicle's CTP insurer deals with your claim. Having no share of the blame keeps the most options open, including a later damages claim where the injury goes beyond the threshold.

  2. Situation 2

    You were partly at fault

    Sharing some of the blame generally doesn't stop a claim. It can reduce weekly payments after the first 52 weeks and cut down any damages in proportion. How much is often argued, which is where advice helps.

  3. Situation 3

    You were wholly or mostly at fault

    'Mostly at fault' means contributory negligence greater than 61%. Weekly payments and treatment and care are then generally limited to the first 52 weeks, with no common law damages. Children 16 and under keep treatment and care for as long as they need it.

  4. Situation 4

    No one was clearly at fault

    Unexplained crashes sit in a grey area. The 'blameless accident' provisions may allow a claim where no driver was at fault, but they don't fit every situation. Talk it through with someone who knows them before you rule anything out.

General information, not legal advice. Fault and contributory negligence are decided on the evidence. Time limits apply.

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Chain crashes and split blame

Chain collisions are where fault gets complicated. The driver who started it may carry most of the blame, but a driver behind who was following too closely can share it. Each vehicle has its own Green Slip insurer. Your task is to record every vehicle involved and the order of the impacts; the insurers' task is to sort out which of them responds.

If you were hit from behind and pushed into the car in front, you may have been blameless in both impacts. Make that clear in your account: which impact came first, and whether you had stopped before being hit. Insurers sometimes treat a chain crash as one event, and the sequence is what shows your own share was nil.

Read next:Multi-vehicle accidents

Dashcam, witnesses and the police record

Fault is decided on evidence, not on who sounds more certain. The usual pieces are the police event number and any police record, photos of where the cars stopped, the damage to each vehicle, dashcam footage and independent witnesses. No single piece is always decisive. Together they usually show what happened, even when the drivers tell different stories.

Some evidence only exists for a short time: skid marks, debris, temporary signs and camera footage. Other evidence can be gathered later, such as the police record and witness statements. If fault is disputed, a lawyer can ask for footage and records to be kept and, where the claim justifies it, obtain an expert opinion on how the crash happened.

  • Dashcam footage, saved as the original file
  • The police event number and any police record
  • Independent witnesses' names and numbers
  • Any messages the other driver sent after the crash

Save footage early

Shops, buses and homes with cameras often keep footage only briefly. Ask in writing as soon as you can, giving the date, time and exact spot.

Passengers and fault

Being a passenger doesn't make fault irrelevant. It shifts the question to the drivers. If the driver of your car and another driver both contributed, your claim may involve both vehicles' insurers. Your own conduct can still come up in limited ways, such as not wearing a seatbelt or travelling with a driver you knew was affected by alcohol.

Passengers in a crash between two cars sometimes find that each driver blames the other and neither insurer will accept the claim at first. You don't have to take sides. Give an honest account of what you saw, lodge on time, and let the fault question be worked out between the insurers. If it stalls, that's when advice helps most.

Read next:Passenger injury claims

Seatbelts, speed and your share of fault

Insurers look at more than who hit whom. They may ask whether you wore a seatbelt, how fast you were going and whether you were distracted. The finding is usually a percentage. A small one trims damages and later weekly payments. One greater than 61% has a much bigger effect, because it rules out damages altogether.

Check the percentage

A contributory negligence finding is usually expressed as a percentage. A few points either side of the 'mostly at fault' line can decide whether damages are possible at all, so ask how the figure was worked out.

Read next:Can I claim if I was partly at fault?

The other driver blames you: what now?

If the other driver says you caused the crash, or the insurer won't accept that the other driver did, the evidence decides it. This is the point where an independent lawyer is often worth talking to. They can test the insurer's reasons, gather what's missing and advise whether to ask for a review. Insurers make decisions under the scheme rules, and those decisions can be challenged.

Read next:At-fault self-check

Fault after a crash: when to call a lawyer, and when you may not need one

A lawyer isn't a box to tick after every crash. When fault is clear and accepted, many people run their own claim. When it's argued, split or pinned on you, advice is often worth having.

Often worth talking to a lawyer

  • A seatbelt or speed argument is being used to cut your claim
  • You were a passenger and both drivers blame each other
  • Fault is split between several drivers and no insurer will take the claim
  • A fault decision has been made and the review deadline is running

You may not need one

  • Fault isn't argued and your benefits are being paid
  • It was a clear rear-end collision and liability is accepted
  • You only need help identifying the at-fault vehicle's insurer

Fault may be the legal question, but your injuries are the heart of the claim. We can point you to doctors and allied health who work with CTP claims, including the Certificate of Fitness the insurer needs.

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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.

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