A rear-end crash in traffic, a collision at an intersection, a lane change that went wrong: around Minchinbury, as anywhere in NSW, the injury claim usually goes to the insurer of the vehicle at fault. When that is obvious, many people never need a lawyer. When the drivers disagree or the insurer says you contributed, advice is often worth having. Our free check helps you tell which situation you're in.
Blacktown & Mount Druitt · Car accident lawyer help
Car crash lawyer help with fault, for people in Minchinbury
Not every fault question needs a lawyer. The free check tells you whether yours does.
Postcode: 2770
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Minchinbury & Rooty Hill
Where fault leaves your claim: four common positions
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.
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
For accidents from 1 April 2023, a driver found wholly or mostly at fault generally still receives statutory benefits for the first 52 weeks, but cannot claim damages. A child aged 16 or under at the time is still covered for the treatment and care they need, however long that is.
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.
Minchinbury: local roads, hospitals and evidence of fault
The M7, the M4 and the Great Western Highway meet around Blacktown, with Richmond Road and Sunnyholt Road busy at peak times. Where fault is disputed, lane position and speed are often the key questions. Public hospitals serving the area include Mount Druitt Hospital and Blacktown 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. Streets near Rooty Hill station 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
- Blacktown & Mount Druitt
- Postcode
- 2770
- Main roads
- Great Western Highway · M4 Western Motorway
- Nearest public hospital
- Mount Druitt Hospital
- Getting around
- Rooty Hill station · Mount Druitt station
A car accident lawyer for fault: when it helps
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 insurer puts your share of fault above 61%
- The other driver's insurer says you caused the crash
- A fault decision has been made and the review deadline is running
- You've been asked for a detailed statement about how the crash happened
You may not need one
- You were a passenger and nobody disputes which driver caused it
- The other driver admitted fault and the insurer accepted it
- Fault isn't argued and your benefits are being paid
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 Minchinbury
- 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 Minchinbury
- 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 Minchinbury
The first hours after a crash, and the question of 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.
- The lane each vehicle was in, and any lane change
- 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
Read next:What to do after a car accident in NSW
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.
Passengers in a crash between two cars sometimes find that each driver blames the other and neither insurer will accept the claim at first. You don't have to take sides. Give an honest account of what you saw, lodge on time, and let the fault question be worked out between the insurers. If it stalls, that's when advice helps most.
Read next:Passenger injury claims
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.
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
Why fault matters more for a lump sum than for benefits
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
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
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?
Evidence that settles fault
Dashcam footage is often the clearest evidence of fault, but many cameras record over themselves within hours or days. Save the original file as soon as you can, and don't trim or edit it. If another driver or a nearby business may have footage, ask early and in writing, because it may not be kept for long.
Some evidence only exists for a short time: skid marks, debris, temporary signs and camera footage. Other evidence can be gathered later, such as the police record and witness statements. If fault is disputed, a lawyer can ask for footage and records to be kept and, where the claim justifies it, obtain an expert opinion on how the crash happened.
- Independent witnesses' names and numbers
- Your own written account from the first days
- Photos of signals, signs and lane markings
- Any messages the other driver sent after the crash
Save footage early
Shops, buses and homes with cameras often keep footage only briefly. Ask in writing as soon as you can, giving the date, time and exact spot.
Fault disputes: when a lawyer is worth a call
A fault finding isn't final just because the insurer has made it. Most insurer decisions can go to internal review, generally within 28 days of receiving the decision, and then to the Personal Injury Commission. Before you accept a finding that you were mostly at fault, have someone look at whether the evidence supports it, because so much turns on that line.
Read next:At-fault self-check
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.
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 and the child's medical records together, and note which driver the police report points to.
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.
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.
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.
The insurer decides on the evidence, not on which account sounds more confident. It will look at the police record, the damage to each vehicle, where the cars stopped, any footage and any independent witnesses. While that happens, most people can still receive statutory benefits. If the insurer accepts the other driver's version and you think the evidence points the other way, the decision can generally be reviewed. That is a good time to get advice.
Car accident lawyer: suburbs near Minchinbury
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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.