Riverina & Murray · Car accident lawyer help

Blamed for a crash near Narrandera? Car accident lawyer help

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

A rear-end crash in traffic, a collision at an intersection, a lane change that went wrong: around Narrandera, 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.

Postcode: 2700

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Narrandera roads and the question of fault

The Hume Highway and the Sturt Highway carry heavy freight through the Riverina, with harvest trucks on local roads in season. In a crash with a slow vehicle, following distance and overtaking decide much of the fault. If you were taken to Narrandera 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. With Narrandera station 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
Riverina & Murray
Postcode
2700
Main roads
Newell Highway · Sturt Highway
Nearest public hospital
Narrandera Hospital
Getting around
Narrandera station

What to note near Narrandera 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
  • Names and phone numbers of anyone who saw it
  • 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

The insurer will form a view about who caused the crash, and that view shapes the rest of your claim. Find the situation closest to yours below, then check the detail with someone who can see your evidence.

  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

    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.

  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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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.

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

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 medical opinion 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?

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.

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
  • 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.

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

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

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

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

  • No driver seems to be at fault and you've been told you can't claim
  • You've been asked for a detailed statement about how the crash happened
  • A fault decision has been made and the review deadline is running
  • Fault is split between several drivers and no insurer will take the claim

You may not need one

  • Your question is about treatment, not about who caused the crash
  • You mainly need a doctor to record your injuries
  • 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.

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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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