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 Kanahooka 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.
Wollongong & the Illawarra · Car accident lawyer help
Car accident lawyer help for people in Kanahooka
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Postcode: 2530
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Driving in and around Kanahooka: fault in local crashes
On Memorial Drive, Lawrence Hargrave Drive or the Illawarra Highway at Macquarie Pass, weather and visibility can come up in fault arguments. Photos taken on the day beat descriptions given weeks later. Whether the crash was on Kanahooka Road or a quiet side street, 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. 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
- Wollongong & the Illawarra
- Postcode
- 2530
- Main roads
- Kanahooka Road
The first hours after a crash, and the question of fault
You don't need to decide who caused the crash at the scene, and it's wiser not to argue about it there. Swap details, stay calm and avoid guessing about speeds or blame. What helps most later is a clear record: photos of the vehicles' positions, the road layout and any witness who saw it happen, with their name and number.
- 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
- Weather, light and the road surface at the time
Read next:What to do after a car accident in NSW
If the insurer says you contributed
Contributory negligence means you are found to have contributed to the crash or to your own injuries. Common examples are not wearing a seatbelt, speeding, or travelling with a driver you knew had been drinking. It doesn't usually stop a claim. It can reduce weekly payments after 52 weeks and reduce damages, and above 61% you are treated as mostly at fault.
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?
Where fault leaves your claim: four common positions
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
Your claim goes to the CTP insurer of the vehicle that caused the crash. You can receive statutory benefits, and if your injury is more than a threshold injury, a common law damages claim may also be open to you.
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
Unexplained crashes sit in a grey area. The 'blameless accident' provisions may allow a claim where no driver was at fault, but they don't fit every situation. Talk it through with someone who knows them before you rule anything out.
General information, not legal advice. Fault and contributory negligence are decided on the evidence. Time limits apply.
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Car crash near Kanahooka? Free fault check
Tell us what happened and what the insurer has said about fault. We'll point you to the right help, whether that's a lawyer or a clear next step of your own.
Whose insurer, when fault is shared or unclear
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.
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
Why fault matters more for a lump sum than for benefits
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
How fault is shown after a car crash
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
- Your own written account from the first days
- 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.
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.
Children in the car are in a special position. Whoever caused the crash, a child aged 16 or under at the time can keep receiving treatment and care for as long as they need it. Usually a parent or guardian lodges the claim for them. Fault can still matter for other entitlements, so keep the police record with the rest of the child's claim papers.
Read next:Passenger injury claims
Fault disputes: when a lawyer is worth a call
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?
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
- Your injury may be more than a threshold injury and fault will decide damages
- No driver seems to be at fault and you've been told you can't claim
- Fault is split between several drivers and no insurer will take the claim
- The other driver changed their story after the crash
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 only need to know which form to fill in
Whatever happens with fault, lodge your claim on time. Statutory benefits don't wait for a fault argument to be settled, and the 28-day mark for back-paid weekly payments still applies. How to make a CTP claim
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 Kanahooka
- 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 Kanahooka
- 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 Kanahooka
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.
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.
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.
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.