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 Greenacre, 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.
Canterbury-Bankstown · Car accident lawyer help
Car accident lawyer help for people in Greenacre
Fault rarely stops a claim, but it can shorten benefits and close off a lump sum. We help you see where you stand.
Postcode: 2190
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- Helping people in Greenacre & Mount Lewis
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
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
'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
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.
Local context for a fault question in Greenacre
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. Around Bankstown station, 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 Waterloo Road shops, Roberts Park and DFO Homebush, 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
- 2190
- Main roads
- Hume Highway · Waterloo Road
- Getting around
- Bankstown station · Yagoona station
- Local landmarks
- Waterloo Road shops · Roberts Park
Do you need a lawyer for a fault question?
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 fault decision has been made and the review deadline is running
- You've been asked for a detailed statement about how the crash happened
- No driver seems to be at fault and you've been told you can't claim
- You were a passenger and both drivers blame each other
You may not need one
- You only need help identifying the at-fault vehicle's insurer
- You were a passenger and nobody disputes which driver caused it
- 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 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 Greenacre
- 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 Greenacre
- 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 Greenacre
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.
- Where each car came to rest, photographed before moving if safe
- Names and phone numbers of anyone who saw it
- Exactly what the other driver said, written down that day
- Whether you and your passengers wore seatbelts
Read next:What to do after a car accident in NSW
Fault, statutory benefits and damages
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
Free claim check
Not sure where fault leaves you? Ask us
We'll look at the evidence of fault and your deadlines, and connect you with an independent lawyer only if your claim needs one.
If the insurer says you contributed
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?
Chain crashes and split blame
In a two-car crash, the injury claim usually goes to the CTP insurer of the car at fault, which is your own vehicle's insurer if you caused it. When fault is shared or unclear, the insurers may not agree at first. That shouldn't hold up your claim. Lodge with the insurer that fits the evidence you have, and let the fault question be worked out as the claim proceeds.
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
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
Evidence that settles fault
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.
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.
- Dashcam footage, saved as the original file
- Your own written account from the first days
- Camera footage from nearby shops or homes
- Any messages the other driver sent after the crash
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.
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
Frequently asked questions
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.
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.
Usually less than people fear. Being partly to blame is called contributory negligence. It doesn't stop you claiming statutory benefits. It can reduce weekly payments after 52 weeks, and it reduces any damages by your share. It only removes damages altogether if your share is found to be greater than 61%. Ask how the insurer reached its percentage, and get advice if it seems high.
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.
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 with the other claim papers, and note which driver the police report points to.
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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.