Liverpool & Fairfield · Car accident lawyer help

Blamed for a crash near Lansvale? Car accident lawyer help

Plain answers on shared blame, seatbelt arguments and disputed fault, then the right help for your claim.

You don't have to prove fault on the day of the crash, but what you notice then can matter later. Lanes, signals, where the cars stopped and what was said all feed into the insurer's view. For people in Lansvale, we explain how fault is weighed in a NSW claim and help you decide whether the question needs a lawyer. Often it doesn't. When it does, we'll connect you with one.

Postcode: 2166

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Driving in and around Lansvale: fault in local crashes

The Hume Highway, the M5 and the M7 carry commuter and freight traffic through Liverpool and Fairfield. In a crash with several vehicles, each insurer may take a different view of who caused it. With Cabramatta station, Warwick Farm station and bus stops for Cabramatta and Liverpool nearby, buses and other commercial vehicles are a regular part of local traffic. Many carry cameras, so if one was involved in your crash, ask early whether the footage was kept. Around the Chipping Norton Lake foreshore and Cabramatta Freedom Plaza, 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
Liverpool & Fairfield
Postcode
2166
Main roads
Hume Highway · Hollywood Drive
Getting around
Cabramatta station · Warwick Farm station
Local landmarks
Chipping Norton Lake foreshore · Cabramatta Freedom Plaza

What to note near Lansvale that bears on 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
  • Skid marks, debris and the damage to each vehicle
  • Whether you and your passengers wore seatbelts
  • Weather, light and the road surface at the time

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

Four ways fault can play out after a car accident

People often assume that being at fault means getting nothing. That isn't how the NSW scheme generally works. The four situations below show what usually changes as your share of the blame goes up.

  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

    Partial fault is common and usually a question of degree. A finding of contributory negligence can lower weekly payments beyond 52 weeks and reduce damages, so the percentage the insurer picks is worth checking.

  3. 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%.

  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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If the insurer says you contributed

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 expert evidence about how each injury happened, which makes it worth checking rather than simply accepting.

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?

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.

  • Dashcam footage, saved as the original file
  • The police event number and any police record
  • Photos of signals, signs and lane markings
  • 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.

Passengers: why the fault question is usually about the drivers

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.

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

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.

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

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

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

  • 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
  • Your injury may be more than a threshold injury and fault will decide damages
  • The other driver's insurer says you caused the crash

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
  • The other driver admitted fault and the insurer accepted it

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 Lansvale
  • 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 Lansvale
  • 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 Lansvale

Frequently asked questions

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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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