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 Ebenezer, 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.
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Driving in and around Ebenezer: fault in local crashes
Windsor Road, Richmond Road and the Hawkesbury Valley Way link the Hawkesbury with Sydney. On rural stretches of Putty Road or Bells Line of Road, your own photos may be the only record of where the cars ended up. Fault is decided on the evidence as a whole. Skid marks, damage patterns and the final positions of the cars can say more than either driver's account. If you were taken to Hawkesbury District Health Service, the ambulance and emergency records often note the type of impact, such as being hit from behind or side-on. That early description can support your version of how the crash happened.
With Richmond Line (Mulgrave, Windsor, Clarendon, East Richmond, Richmond), Buses to Blacktown, Rouse Hill and Penrith, and Vehicle ferries at Wisemans Ferry, Webbs Creek and Sackville 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
- Hawkesbury
- Postcode
- 2756
- Public hospital in the region
- Hawkesbury District Health Service
- Transport in the region
- Richmond Line (Mulgrave, Windsor, Clarendon, East Richmond, Richmond) · Buses to Blacktown, Rouse Hill and Penrith
At the scene: what to notice for fault
Once everyone is safe and anyone hurt has help, your memory of the crash is at its sharpest. Note which lane each car was in, what the lights or signs showed, roughly how fast you were going and where the vehicles came to rest. Write down anything the other driver said about how it happened. These details can decide fault later, and they fade within days.
- What the traffic lights or give-way signs showed
- Where each car came to rest, photographed before moving if safe
- Skid marks, debris and the damage to each vehicle
- 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
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
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.
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.
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
'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.
Situation 4
No one was clearly at fault
When a crash was nobody's fault, the claim isn't necessarily over. Under the 'blameless accident' rules, an injured person may be able to claim as if someone were at fault. Whether they apply depends on the facts.
General information, not legal advice. Fault and contributory negligence are decided on the evidence. Time limits apply.

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Evidence that settles fault
An independent witness, someone with no link to either driver, can carry real weight. Get their name and phone number at the scene if you can. If you can't, the police record may have their details. Photos of the final positions of the vehicles also matter, since damage patterns often show the angle and order of impact.
The police event number links your claim to the official record of the crash. The insurer can use it to check who was involved and what was reported. It's worth getting even if the crash seemed minor and police didn't attend, because a record made close to the time is harder to dispute than one pieced together later.
- Photos of both vehicles' damage and final positions
- Independent witnesses' names and numbers
- Camera footage from nearby shops or homes
- Photos of signals, signs and lane markings
Save footage early
Many dashcams loop and record over older files. Copy the crash footage to another device straight away, and keep the original file untouched.
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
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?
Several vehicles, several insurers: working out fault
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
If you were the passenger
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
When fault is disputed
Being told you caused a crash when you believe you didn't is stressful, especially when damages depend on it. Before you respond, gather what you have: the event number, photos, footage, witness details and your own notes. Then get advice. An independent lawyer can say whether the finding looks sound and what challenging it would involve.
Read next:At-fault self-check
A car accident lawyer for fault: when it helps
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
- The other driver changed their story after the crash
- You were a passenger and both drivers blame each other
- A seatbelt or speed argument is being used to cut your claim
- A fault decision has been made and the review deadline is running
You may not need one
- The other driver admitted fault and the insurer accepted it
- It was a clear rear-end collision and liability is accepted
- 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 not yet sure whether this is an injury claim, a damage claim or something else, the car accident claim page helps you tell them apart. Car accident claim in Ebenezer
- 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 Ebenezer
- If you were riding, walking or cycling, or travelling by truck, bus or rideshare when you were hurt, the motor vehicle accident page fits better. Motor vehicle accident lawyer in Ebenezer
Frequently asked questions
'Mostly at fault' means your contributory negligence is found to be greater than 61%. If you were wholly or mostly at fault, weekly payments and treatment and care are generally limited to the first 52 weeks, and you can't claim common law damages. For accidents from 1 April 2023, most people in that position still receive those first 52 weeks of statutory benefits. Because so much turns on the line, a finding close to it is worth having reviewed.
It can reduce your claim, but it usually doesn't end it. Not wearing a seatbelt is a classic example of contributory negligence. Weekly payments after 52 weeks may be reduced for it, and any damages can be reduced too. How much depends on the evidence, including medical opinion on whether a seatbelt would have changed your injuries. Get advice before you accept the percentage the insurer puts forward.
Generally, yes. You claim against the CTP insurer of the vehicle at fault, which here is the Green Slip insurer of your friend's car. The claim is against the insurer, not against your friend personally. Passengers are rarely found at fault, though contributory negligence can still be raised in limited cases, for example if you knew the driver had been drinking. Your friend may be asked for their account, which is normal.
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.
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.
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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.