Being partly to blame for a car accident usually reduces a claim rather than ending it. Being found mostly at fault is different, and the line between the two is worth understanding. People from Collaroy Plateau can use our free check by phone or online to see which side of that line the evidence points to, and whether a lawyer's view would help before you accept the insurer's position.
Northern Beaches · Car accident lawyer help
Collaroy Plateau car accident lawyer: when fault is argued
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Four ways fault can play out after a car accident
The insurer will form a view about who caused the crash, and that view shapes the rest of your claim. Find the situation closest to yours below, then check the detail with someone who can see your evidence.
Situation 1
You were not at fault
Your claim goes to the CTP insurer of the vehicle that caused the crash. You can receive statutory benefits, and if your injury is more than a threshold injury, a common law damages claim may also be open to you.
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.
Situation 3
You were wholly or mostly at fault
Being at fault doesn't leave you with nothing. Statutory benefits generally continue for the first 52 weeks, but a damages claim is off the table. The same applies once contributory negligence is found to be greater than 61%.
Situation 4
No one was clearly at fault
Some crashes happen without any driver being at fault, for example after a sudden medical episode or an unforeseeable mechanical failure. NSW has 'blameless accident' rules that may let an injured person claim in some of these cases. They are technical, so get advice.
General information, not legal advice. Fault and contributory negligence are decided on the evidence. Time limits apply.
Driving in and around Collaroy Plateau: fault in local crashes
Pittwater Road, the Wakehurst Parkway and Mona Vale Road are the main routes on and off the Northern Beaches. In queued traffic near the Spit Bridge, a sudden stop can start an argument about following distance. Hospitals serving the area include Northern Beaches 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 B-Line bus stops 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
- Northern Beaches
- Postcode
- 2097
- Main roads
- Veterans Parade · Hawkesbury Avenue
- Nearest public hospital
- Northern Beaches Hospital
- Getting around
- B-Line bus stops
Fault after a crash: when to call a lawyer, and when you may not need one
Plenty of car accident claims never involve a fault argument. The ones that do often benefit from advice, because fault controls the lump sum. These lists show when a lawyer is commonly worth a call on fault, and when you may manage alone.
Often worth talking to a lawyer
- A seatbelt or speed argument is being used to cut your claim
- You've been asked for a detailed statement about how the crash happened
- The other driver changed their story after the crash
- The insurer puts your share of fault above 61%
You may not need one
- Fault isn't argued and your benefits are being paid
- You mainly need a doctor to record your injuries
- You were a passenger and nobody disputes which driver caused it
Before any fault argument, get the right care. We can connect you with doctors and allied health experienced with CTP claims, who can treat you and complete a clear Certificate of Fitness whatever happens with fault.
Not quite your situation?
- If you're still working out what kind of claim you have, such as car damage or a driver who drove off, start with the car accident claim page. Car accident claim in Collaroy Plateau
- If you're engaging a solicitor and want to know what happens between now and settlement, the car accident solicitor page walks through it. Car accident solicitor in Collaroy Plateau
- If you weren't in a car at all but on a motorbike, a bicycle or on foot, the motor vehicle accident page covers your situation. Motor vehicle accident lawyer in Collaroy Plateau
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
- Names and phone numbers of anyone who saw it
- 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
Contributory negligence: when you share the blame
A seatbelt argument is the classic example. If the insurer says your injuries were worse because you weren't belted in, it may reduce what you receive. The percentage isn't set by a formula. It's argued on the evidence, including medical opinion about how each injury happened, which makes it worth checking rather than simply accepting.
Check the percentage
If the insurer puts your share of fault above 61%, damages are off the table and benefits are generally limited to 52 weeks. Most insurer decisions can be internally reviewed, generally within 28 days of receiving the decision.
Read next:Can I claim if I was partly at fault?
Free claim check
Not sure where fault leaves you? Ask us
Free and no obligation. Call (02) 7238 7379 or send a few details online, and we'll help you work out where fault leaves your claim.
Why fault matters more for a lump sum than for benefits
Fault works more like a dial than a switch. A small share reduces some later entitlements. A share above 61% limits benefits to the first 52 weeks and rules out damages. No share at all keeps every option open. Knowing where the evidence puts you on that dial helps you decide whether a lawyer's view is worth having before the insurer settles its position.
Rules change
The fault rules and benefit limits described here apply to accidents from 1 April 2023. Earlier accidents can have different limits, so check the rules for your accident date.
Read next:At fault vs not at fault
Passengers: why the fault question is usually about the drivers
A passenger isn't driving, so a passenger is rarely found at fault for the crash itself. The claim goes to the CTP insurer of whichever vehicle was at fault. If your own driver caused it, that's the Green Slip of the car you were in, even when the driver is a friend or family member. The insurer responds to the claim, not the driver personally.
Many passengers hesitate to claim because the driver was someone close to them. It helps to know the claim is made against the CTP insurer, which exists for exactly this situation. The driver may be asked for their account, and any fault finding affects their own claim, not your right to make yours. Talk it through if you're worried about how it will land.
Read next:Passenger injury claims
Chain crashes and split blame
When three or more vehicles are involved, fault can be divided between several drivers. That affects which insurer deals with you and may affect how any damages are shared between insurers later. It generally doesn't stop you receiving statutory benefits while that is argued. If the insurers are still disputing it weeks after you lodge, advice is worth getting.
Passengers and drivers caught in the middle of a chain crash often feel stuck between insurers. Your claim generally shouldn't stall while the insurers sort out their shares. Keep a note of every call, who you spoke to and what they said. If no insurer will take responsibility, that is a good moment to ask for advice.
Read next:Multi-vehicle accidents
Dashcam, witnesses and the police record
Dashcam footage is often the clearest evidence of fault, but many cameras record over themselves within hours or days. Save the original file as soon as you can, and don't trim or edit it. If another driver or a nearby business may have footage, ask early and in writing, because it may not be kept for long.
Your own account matters too, and consistency is what gives it weight. Write down what happened soon after the crash and keep that note. When you later describe the crash to a doctor, the insurer or a lawyer, tell it the same way. Differences between early and later accounts are one of the first things an insurer looks for.
- The police event number and any police record
- Photos of both vehicles' damage and final positions
- Your own written account from the first days
- Photos of signals, signs and lane markings
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.
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
Frequently asked questions
Not by itself. An apology can be mentioned, but insurers decide fault on the evidence as a whole: police records, damage patterns, photos, footage and witnesses. People apologise for many reasons, and drivers sometimes change their account later. Write down exactly what was said and when, then collect the harder evidence. If fault is disputed, those records will count for more than the apology.
Possibly. NSW has 'blameless accident' rules for crashes where no driver was at fault, for example because of a sudden medical episode or an unforeseeable mechanical failure. In some of these cases, an injured person may be able to claim as if someone were at fault. The rules are technical and depend on the facts, so get advice before assuming there's no claim. Statutory benefits may be available in the meantime.
Not automatically, although it can help. A traffic fine or a criminal charge is a separate process from your claim, and the insurer generally looks at all the evidence rather than relying on it alone. A conviction can be strong support for your account. A charge that is dropped, or no charge at all, doesn't mean the other driver wasn't at fault. Keep a copy of any police paperwork you receive.
If your claim is against that vehicle's CTP insurer, you'll deal with them to run it, so a call is normal. Stick to facts, don't guess about speeds or injuries you're unsure of, and keep a note of the call. If you're asked for a detailed recorded statement about how the crash happened, you can ask for time to get advice first, especially if they're questioning who caused it.
By looking at the order of events and what each driver did. In a chain crash, the driver who started it often carries most of the blame, but others can share it, for example by following too closely. Each vehicle has its own CTP insurer, and the insurers may split responsibility between them. Your part is to record every registration, the order of impacts and the police event number, and to lodge on time.
Less than it does for adults. A child who was 16 or under at the time of the accident can receive treatment and care for as long as they need it, regardless of fault. Fault can still matter for other entitlements, such as any damages claim. A parent or guardian usually handles the claim. Keep the police record and the child's medical records together, and note which driver the police report points to.
Car accident lawyer: suburbs near Collaroy Plateau
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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.