Being partly to blame for a car accident usually reduces a claim rather than ending it. Being found mostly at fault is different, and the line between the two is worth understanding. People from Huntleys Cove can use our free check by phone or online to see which side of that line the evidence points to, and whether a lawyer's view would help before you accept the insurer's position.
Lower North Shore & Ryde · Car accident lawyer help
Car accident lawyer, Huntleys Cove: who was at fault?
Free, by phone or online. We tell you honestly whether a fault question needs a lawyer.
Postcode: 2111
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Huntleys Cove: local roads, hospitals and evidence of fault
Victoria Road, Epping Road, Lane Cove Road and the M2 carry fast-moving traffic with frequent merges. When the other driver says you cut in, dashcam footage is often the clearest answer. Hospitals serving the area include Ryde Hospital. Wherever you were first seen, describe the crash accurately and consistently. Insurers compare early medical notes with later accounts when they decide who caused a collision. Around the Huntleys Point ferry wharf, 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.
- Region
- Lower North Shore & Ryde
- Postcode
- 2111
- Main roads
- Victoria Road · Crown Street
- Nearest public hospital
- Ryde Hospital
- Getting around
- Huntleys Point ferry wharf · bus stops on Victoria Road
The first hours after a crash, and the question of 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.
- The lane each vehicle was in, and any lane change
- What the traffic lights or give-way signs showed
- Skid marks, debris and the damage to each vehicle
- Whether you and your passengers wore seatbelts
Read next:What to do after a car accident in NSW
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.
Passengers and drivers caught in the middle of a chain crash often feel stuck between insurers. Your claim generally shouldn't stall while the insurers sort out their shares. Keep a note of every call, who you spoke to and what they said. If no insurer will take responsibility, that is a good moment to ask for advice.
Read next:Multi-vehicle accidents
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.
Situation 1
You were not at fault
No share of the fault is the strongest position. Benefits come from the at-fault vehicle's insurer, and a lump sum damages claim may follow if your injury isn't a threshold injury. The insurer still needs evidence before it accepts fault.
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
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.
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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Free check on a fault question
We'll look at the evidence of fault and your deadlines, and connect you with an independent lawyer only if your claim needs one.
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?
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
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
How fault is shown after a car crash
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.
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
- Independent witnesses' names and numbers
- Photos of signals, signs and lane markings
- Any messages the other driver sent after the crash
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.
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.
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
The other driver blames you: what now?
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
- A seatbelt or speed argument is being used to cut your claim
- You were a passenger and both drivers blame each other
- 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
- You were a passenger and nobody disputes which driver caused it
- The other driver admitted fault and the insurer accepted 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.
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 Huntleys Cove
- 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 Huntleys Cove
- 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 Huntleys Cove
Frequently asked questions
Keep the original file safe first. Many dashcams record over older footage, so copy it to another device or cloud storage straight away, without trimming or editing it. Tell the insurer you have footage, and give it to police if they're investigating. If fault is disputed, the footage can be one of the strongest pieces of evidence you have, because it shows the crash rather than anyone's memory of it.
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.
The insurer decides on the evidence, not on which account sounds more confident. It will look at the police record, the damage to each vehicle, where the cars stopped, any footage and any independent witnesses. While that happens, most people can still receive statutory benefits. If the insurer accepts the other driver's version and you think the evidence points the other way, the decision can generally be reviewed. That is a good time to get advice.
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.
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.
'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.
Car accident lawyer: suburbs near Huntleys Cove
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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.