Liverpool & Fairfield · Car accident lawyer help

Car accident lawyer help for people in Greenfield Park

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

Drivers and passengers hurt in a crash near Greenfield Park often hear early on who the insurer thinks caused it. That view can be wrong, and it can be challenged. Fault is decided on evidence such as police records, photos, footage and witnesses, not on who apologised or who sounded more certain. We are not a law firm. We check where your claim stands and connect you with an independent lawyer when fault is genuinely in dispute.

Postcode: 2176

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Greenfield Park & Edensor Park

Local context for a fault question in Greenfield Park

Hoxton Park Road, The Horsley Drive and Cowpasture Road have busy intersections. If the other driver claims you failed to give way, the signs, the lights and any witness who stopped will carry weight. On a busy route such as Prairie Vale 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. Public hospitals serving the area include Fairfield 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.

Streets near bus stops for Fairfield and Liverpool carry buses, taxis and drop-offs that stop and start without much warning. In a crash with a vehicle pulling out from the kerb, fault often depends on who had to give way.

Region
Liverpool & Fairfield
Postcode
2176
Main roads
Prairie Vale Road · Edensor Road
Nearest public hospital
Fairfield Hospital
Getting around
bus services to Fairfield and Liverpool

At the scene: what to notice for 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.

  • 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
  • Names and phone numbers of anyone who saw it

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

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.

Some evidence only exists for a short time: skid marks, debris, temporary signs and camera footage. Other evidence can be gathered later, such as the police record and witness statements. If fault is disputed, a lawyer can ask for footage and records to be kept and, where the claim justifies it, obtain an expert opinion on how the crash happened.

  • Photos of both vehicles' damage and final positions
  • 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

Many dashcams loop and record over older files. Copy the crash footage to another device straight away, and keep the original file untouched.

Where fault leaves your claim: four common positions

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.

  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

    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.

  3. Situation 3

    You were wholly or mostly at fault

    For accidents from 1 April 2023, a driver found wholly or mostly at fault generally still receives statutory benefits for the first 52 weeks, but cannot claim damages. A child aged 16 or under at the time is still covered for the treatment and care they need, however long that is.

  4. 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.

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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

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?

Whose insurer, when fault is shared or unclear

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.

The police event number is often the thread that ties a multi-vehicle crash together. It links the drivers, the vehicles and any statements taken at the scene. Keep it with your registration notes. CTP Assist, a free SIRA service on 1300 656 919, can help identify an insurer when you're unsure, though it won't decide fault for you.

Read next:Multi-vehicle accidents

If you were the passenger

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

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

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

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

You may not need one

  • Fault isn't argued and your benefits are being paid
  • Your question is about treatment, not about who caused the crash
  • You were a passenger and nobody disputes which driver caused it

If what you need now is treatment, start there. Ask us about doctors and allied health, such as GPs, physiotherapists and psychologists, who understand CTP claims and the Certificate of Fitness.

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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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