Lower North Shore & Ryde · Car accident lawyer help

Blamed for a crash near Longueville? Car accident lawyer help

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

If you were hurt in a car crash in or around Longueville, fault is the question that shapes the rest of your claim. It rarely stops you claiming at all, but it decides whether a lump sum is possible and how long benefits can run. Our free claim check looks at what happened and what the insurer has said. We'll tell you honestly whether an independent lawyer should look at the fault question, or whether you can manage it yourself.

Postcode: 2066

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Longueville & Riverview

Driving in and around Longueville: fault in local crashes

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. Much of the local driving happens on River Road, Longueville Road and Kenneth Street. After a crash on one of them, note the lane you were in, the nearest cross street and the signals, because fault often turns on those details. If you were taken to Royal North Shore Hospital, the ambulance and emergency records often note the type of impact, such as being hit from behind or side-on. That early description can support your version of how the crash happened.

Streets near the Longueville ferry wharf 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
Lower North Shore & Ryde
Postcode
2066
Main roads
River Road · Longueville Road
Nearest public hospital
Royal North Shore Hospital
Getting around
Longueville ferry wharf · bus services to Lane Cove and the city

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.

  • What the traffic lights or give-way signs showed
  • Skid marks, debris and the damage to each vehicle
  • Names and phone numbers of anyone who saw it
  • Weather, light and the road surface at the time

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

Whose insurer, when fault is shared or unclear

Chain collisions are where fault gets complicated. The driver who started it may carry most of the blame, but a driver behind who was following too closely can share it. Each vehicle has its own Green Slip insurer. Your task is to record every vehicle involved and the order of the impacts; the insurers' task is to sort out which of them responds.

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

Four ways fault can play out after a car accident

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.

  1. 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.

  2. 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.

  3. 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.

  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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Seatbelts, speed and your share of fault

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?

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.

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 child's medical records.

Read next:Passenger injury claims

What fault changes in your claim

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

Dashcam, witnesses and the police record

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.

  • Dashcam footage, saved as the original file
  • The police event number and any police record
  • Your own written account from the first days
  • 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.

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

Fault after a crash: when to call a lawyer, and when you may not need one

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

  • The other driver changed their story after the crash
  • The other driver's insurer says you caused the crash
  • You've been asked for a detailed statement about how the crash happened
  • Your injury may be more than a threshold injury and fault will decide damages

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 only need help identifying the at-fault vehicle's insurer

Fault may be the legal question, but your injuries are the heart of the claim. We can point you to doctors and allied health who work with CTP claims, including the Certificate of Fitness the insurer needs.

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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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