Drivers and passengers hurt in a crash near Maclean 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.
Northern Rivers & Clarence · Car accident lawyer help
Car accident lawyer help for people in Maclean
Most injured people can claim whoever caused the crash. Fault decides what happens after that.
Postcode: 2463
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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
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.
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%.
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.
Where crashes near Maclean happen, and why it matters for fault
The Pacific Highway, the Bruxner Highway and the Summerland Way link the Northern Rivers. If the crash happened over the border in Queensland, Queensland's scheme generally applies instead, so be precise about where it was. Public hospitals serving the area include Maclean District 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. 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
- Northern Rivers & Clarence
- Postcode
- 2463
- Main roads
- Pacific Highway
- Nearest public hospital
- Maclean District Hospital
Fault after a crash: when to call a lawyer, and when you may not need one
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
- The other driver changed their story after the crash
- You've been asked for a detailed statement about how the crash happened
- The insurer puts your share of fault above 61%
- Your injury may be more than a threshold injury and fault will decide damages
You may not need one
- It was a clear rear-end collision and liability is accepted
- Fault isn't argued and your benefits are being paid
- Your question is about treatment, not about who caused the crash
Before any fault argument, get the right care. We can connect you with doctors and allied health experienced with CTP claims, who can treat you and complete a clear Certificate of Fitness whatever happens with fault.
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 Maclean
- 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 Maclean
- 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 Maclean
At the scene: what to notice for fault
Once everyone is safe and anyone hurt has help, your memory of the crash is at its sharpest. Note which lane each car was in, what the lights or signs showed, roughly how fast you were going and where the vehicles came to rest. Write down anything the other driver said about how it happened. These details can decide fault later, and they fade within days.
- What the traffic lights or give-way signs showed
- Where each car came to rest, photographed before moving if safe
- 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
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
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
Free claim check
Not sure where fault leaves you? Ask us
By phone or online, from anywhere in NSW. The claim check is free, and there's no pressure to take any next step.
Passengers: why the fault question is usually about the drivers
Passengers usually have the simplest fault position of anyone in a crash. You weren't in control, so the question is only which driver caused it, and that decides which insurer deals with you. Where both drivers share the blame, you may still be blameless yourself. That matters later, because damages depend partly on your own share of fault.
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
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.
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.
- The police event number and any police record
- Photos of both vehicles' damage and final positions
- Camera footage from nearby shops or homes
- 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.
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?
Several vehicles, several insurers: working out fault
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.
If you were hit from behind and pushed into the car in front, you may have been blameless in both impacts. Make that clear in your account: which impact came first, and whether you had stopped before being hit. Insurers sometimes treat a chain crash as one event, and the sequence is what shows your own share was nil.
Read next:Multi-vehicle accidents
The other driver blames you: what now?
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
Frequently asked questions
'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.
It can reduce your claim, but it usually doesn't end it. Not wearing a seatbelt is a classic example of contributory negligence. Weekly payments after 52 weeks may be reduced for it, and any damages can be reduced too. How much depends on the evidence, including medical opinion on whether a seatbelt would have changed your injuries. Get advice before you accept the percentage the insurer puts forward.
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.
Possibly. NSW has 'blameless accident' rules for crashes where no driver was at fault, for example because of a sudden medical episode or an unforeseeable mechanical failure. In some of these cases, an injured person may be able to claim as if someone were at fault. The rules are technical and depend on the facts, so get advice before assuming there's no claim. Statutory benefits may be available in the meantime.
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.
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.
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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.