If you were hurt in a car crash in or around Georges Hall, fault is the question that shapes the rest of your claim. It rarely stops you claiming at all, but it decides whether a lump sum is possible and how long benefits can run. Our free claim check looks at what happened and what the insurer has said. We'll tell you honestly whether an independent lawyer should look at the fault question, or whether you can manage it yourself.
Canterbury-Bankstown · Car accident lawyer help
Blamed for a crash near Georges Hall? Car accident lawyer help
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Postcode: 2198
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Georges Hall: local roads, car parks and evidence of fault
The Hume Highway, Canterbury Road and the M5 carry heavy traffic through Canterbury-Bankstown. In crashes involving several cars, fault can be shared, and each driver's insurer may take a different view of it. On a busy route such as Birdwood Road, rear-end and lane-change crashes are common, and each driver may remember the order of events differently. Photos of where the vehicles stopped help settle that. Around bus stops for Bankstown, traffic slows for pick-ups, bus stops and people crossing. A low-speed collision in that setting can still raise real questions about who should have given way, so note what each vehicle was doing.
Around the Georges River parklands and Keith Powell Reserve, crashes at entrances, exits and car parks often come down to who should have given way. Ask whoever manages the site whether cameras caught it, and ask quickly, as footage may not be kept for long.
- Region
- Canterbury-Bankstown
- Postcode
- 2198
- Main roads
- Birdwood Road · Tower Street
- Getting around
- bus services to Bankstown
- Local landmarks
- Georges River parklands · Keith Powell Reserve
At the scene: what to notice for fault
The insurer that decides fault will not have been there. It relies on what people recorded at the time. So record what you can: the time, the weather, the road surface, the lane markings and the direction each vehicle was travelling. If a witness stopped, ask whether they'll give their name. A note written that evening is worth more than a memory months later.
- What the traffic lights or give-way signs showed
- Where each car came to rest, photographed before moving if safe
- Names and phone numbers of anyone who saw it
- Whether you and your passengers wore seatbelts
Read next:What to do after a car accident in NSW
Several vehicles, several insurers: working out fault
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
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
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.
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
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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Talk through who caused the crash
We'll look at the evidence of fault and your deadlines, and connect you with an independent lawyer only if your claim needs one.
Passengers and fault
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
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.
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.
- The police event number and any police record
- Photos of both vehicles' damage and final positions
- Independent witnesses' names and numbers
- Your own written account from the first days
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.
Contributory negligence: when you share the blame
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
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 and care. 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
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
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?
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 fault decision has been made and the review deadline is running
- No driver seems to be at fault and you've been told you can't claim
- Your injury may be more than a threshold injury and fault will decide damages
- Fault is split between several drivers and no insurer will take the claim
You may not need one
- Fault isn't argued and your benefits are being paid
- Your question is about payments, not about who caused the crash
- It was a clear rear-end collision and liability is accepted
If the insurer says you were mostly at fault, ask for its reasons in writing and note the date on the letter. An internal review is generally due within 28 days of receiving the decision. At fault vs not at 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 Georges Hall
- If you've already decided to engage a solicitor and want to know how the file runs stage by stage, see the car accident solicitor page. Car accident solicitor in Georges Hall
- 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 Georges Hall
Frequently asked questions
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.
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.
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.
'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.
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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.