Fault after a car crash is rarely all or nothing. The insurer may split it between drivers, reduce your claim over a missing seatbelt, or accept the other driver's account over yours. If you live in or travel through Newcastle West, our free claim check helps you understand what a fault finding means for you, and whether an independent lawyer should test it. There is no obligation and nowhere you need to go.
Newcastle & the Hunter · Car accident lawyer help
Partly at fault? Car crash lawyer help for Newcastle West
Not every fault question needs a lawyer. The free check tells you whether yours does.
Postcode: 2302
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- Helping people in Newcastle West & Wickham
Where fault leaves your claim: four common positions
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.
Situation 1
You were not at fault
If another driver caused the crash, their vehicle's CTP insurer deals with your claim. Having no share of the blame keeps the most options open, including a later damages claim where the injury goes beyond the threshold.
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
'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.
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.
Newcastle West roads and the question of fault
Nelson Bay Road, the Pacific Highway and the Newcastle Inner City Bypass carry heavy local traffic. If the insurer says you contributed to a crash there, ask how it reached its percentage. Intersections along Hunter Street and Stewart Avenue can involve turning arrows, give-way signs and changing lights. If fault is argued, a photo of the signals and lane markings taken on the day is hard to dispute. Public hospitals serving the area include Calvary Mater Newcastle and John Hunter 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.
Around Newcastle Interchange, 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
- Newcastle & the Hunter
- Postcode
- 2302
- Main roads
- Hunter Street · Stewart Avenue
- Nearest public hospital
- Calvary Mater Newcastle
- Getting around
- Newcastle Interchange · Newcastle Light Rail
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
- A seatbelt or speed argument is being used to cut your claim
- A fault decision has been made and the review deadline is running
- No driver seems to be at fault and you've been told you can't claim
- The insurer puts your share of fault above 61%
You may not need one
- It was a clear rear-end collision and liability is accepted
- You were a passenger and nobody disputes which driver caused it
- The other driver admitted fault and the insurer accepted it
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.
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 Newcastle West
- 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 Newcastle West
- If you weren't in a car at all but on a motorbike, a bicycle or on foot, the motor vehicle accident page covers your situation. Motor vehicle accident lawyer in Newcastle West
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
- What the traffic lights or give-way signs showed
- Where each car came to rest, photographed before moving if safe
- Names and phone numbers of anyone who saw it
Read next:What to do after a car accident in NSW
Chain crashes and split blame
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.
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
Free claim check
Not sure where fault leaves you? Ask us
Free and no obligation. Call (02) 7238 7379 or send a few details online, and we'll help you work out where fault leaves your claim.
Fault, statutory benefits and damages
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
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
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.
- Photos of both vehicles' damage and final positions
- 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.
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?
If you were the passenger
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.
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
The other driver blames you: what now?
Being told you caused a crash when you believe you didn't is stressful, especially when damages depend on it. Before you respond, gather what you have: the event number, photos, footage, witness details and your own notes. Then get advice. An independent lawyer can say whether the finding looks sound and what challenging it would involve.
Read next:At-fault self-check
Frequently asked questions
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.
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.
Not by itself. An apology can be mentioned, but insurers decide fault on the evidence as a whole: police records, damage patterns, photos, footage and witnesses. People apologise for many reasons, and drivers sometimes change their account later. Write down exactly what was said and when, then collect the harder evidence. If fault is disputed, those records will count for more than the apology.
Usually less than people fear. Being partly to blame is called contributory negligence. It doesn't stop you claiming statutory benefits. It can reduce weekly payments after 52 weeks, and it reduces any damages by your share. It only removes damages altogether if your share is found to be greater than 61%. Ask how the insurer reached its percentage, and get advice if it seems high.
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.
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.
Car accident lawyer: suburbs near Newcastle West
Related reading
- Car accident lawyer help
- CTP claim time limits
- Do I need a lawyer for my CTP claim?
- How to make a CTP claim
- Statutory benefits vs damages
- Whiplash
- Back Injury
- Concussion
- Rear-End Collision
- CTP claims for drivers
- CTP claims for passengers
- Newcastle & the Hunter: area guide
- CTP Lawyer Help in Newcastle & the Hunter
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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.