Liverpool & Fairfield · Car accident lawyer help

Car accident lawyer help for people in Middleton Grange

Most injured people can claim whoever caused the crash. Fault decides what happens after that.

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 Middleton Grange 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.

Postcode: 2171

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  • Helping people in Middleton Grange & Len Waters Estate

Local context for a fault question in Middleton Grange

Hoxton Park Road, The Horsley Drive and Cowpasture Road have busy intersections. If the other driver claims you failed to give way, the signs, the lights and any witness who stopped will carry weight. Hospitals serving the area include Fairfield 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. With bus stops for Liverpool and Carnes Hill 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.

Region
Liverpool & Fairfield
Postcode
2171
Main roads
Southern Cross Avenue · Flynn Avenue
Nearest public hospital
Fairfield Hospital
Getting around
bus services to Liverpool and Carnes Hill

What to note near Middleton Grange 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.

  • Where each car came to rest, photographed before moving if safe
  • Skid marks, debris and the damage to each vehicle
  • 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

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

Fault and your claim: four situations

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

    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.

  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

    When a crash was nobody's fault, the claim isn't necessarily over. Under the 'blameless accident' rules, an injured person may be able to claim as if someone were at fault. Whether they apply depends on the facts.

General information, not legal advice. Fault and contributory negligence are decided on the evidence. Time limits apply.

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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.

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

Contributory negligence: when you share the blame

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

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?

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

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.

Your own account matters too, and consistency is what gives it weight. Write down what happened soon after the crash and keep that note. When you later describe the crash to a doctor, the insurer or a lawyer, tell it the same way. Differences between early and later accounts are one of the first things an insurer looks for.

  • Dashcam footage, saved as the original file
  • The police event number and any police record
  • Independent witnesses' names and numbers
  • 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.

When fault is disputed

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

A car accident lawyer for fault: when it helps

Plenty of car accident claims never involve a fault argument. The ones that do often benefit from advice, because fault controls the lump sum. These lists show when a lawyer is commonly worth a call on fault, and when you may manage alone.

Often worth talking to a lawyer

  • A seatbelt or speed argument is being used to cut your 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
  • Fault is split between several drivers and no insurer will take the claim

You may not need one

  • It was a clear rear-end collision and liability is accepted
  • Your question is about treatment, not about who caused the crash
  • You only need help identifying the at-fault vehicle's insurer

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.

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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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