Macarthur & Wollondilly · Car accident lawyer help

Blamed for a crash near Currans Hill? Car accident lawyer help

Fault rarely stops a claim, but it can shorten benefits and close off a lump sum. We help you see where you stand.

You don't have to prove fault on the day of the crash, but what you notice then can matter later. Lanes, signals, where the cars stopped and what was said all feed into the insurer's view. For people in Currans Hill, we explain how fault is weighed in a NSW claim and help you decide whether the question needs a lawyer. Often it doesn't. When it does, we'll connect you with one.

Postcode: 2567

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Currans Hill: local roads, hospitals and evidence of fault

The Hume Motorway, Narellan Road and Camden Valley Way carry long daily commutes. Fatigue, speed and following distance can all come up when fault is argued after a crash on these routes. Public hospitals serving the area include Campbelltown Hospital and Camden Hospital. Ambulance and emergency notes usually record how the crash was described on the day, which can matter if the other driver's account changes later. With bus stops for Campbelltown and Camden 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
2567
Main roads
Camden Valley Way · Waterworth Drive
Nearest public hospital
Campbelltown Hospital
Getting around
bus services to Campbelltown and Camden

What to note near Currans Hill that bears on fault

You don't need to decide who caused the crash at the scene, and it's wiser not to argue about it there. Swap details, stay calm and avoid guessing about speeds or blame. What helps most later is a clear record: photos of the vehicles' positions, the road layout and any witness who saw it happen, with their name and number.

  • The lane each vehicle was in, and any lane change
  • Where each car came to rest, photographed before moving if safe
  • Whether you and your passengers wore seatbelts
  • Weather, light and the road surface at the time

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

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.

  • Dashcam footage, saved as the original file
  • Your own written account from the first days
  • Camera footage from nearby shops or homes
  • 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.

Where fault leaves your claim: four common positions

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

    If you contributed to the crash or your injuries, for example by not wearing a seatbelt, the insurer may argue contributory negligence. Weekly payments after 52 weeks may be reduced, and any damages can be reduced by your share.

  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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Passengers: why the fault question is usually about the drivers

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.

Children in the car are in a special position. Whoever caused the crash, a child aged 16 or under at the time can keep receiving treatment and care for as long as they need it. Usually a parent or guardian lodges the claim for them. Fault can still matter for other entitlements, so keep the police record with the child's medical records.

Read next:Passenger injury claims

Whose insurer, when fault is shared or unclear

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.

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

Seatbelts, speed and your share of fault

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?

Why fault matters more for a lump sum than for benefits

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

When fault is disputed

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

Do you need a lawyer for a fault question?

Whether you need legal help depends less on how the crash happened and more on what the insurer decides about fault. Use these points as a rough guide, and the free claim check if you're still unsure.

Often worth talking to a lawyer

  • You've been asked for a detailed statement about how the crash happened
  • The insurer puts your share of fault above 61%
  • The other driver's insurer says you caused the crash
  • No driver seems to be at fault and you've been told you can't claim

You may not need one

  • The other driver admitted fault and the insurer accepted it
  • 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.

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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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