Upper North Shore & Hornsby · Car accident lawyer help

Car accident lawyer help for people in North Epping

Fault rarely stops a claim, but it can shorten benefits and close off a lump sum. We help you see where you stand.

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 North Epping 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: 2121

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  • Helping people in North Epping & South Turramurra

Driving in and around North Epping: fault in local crashes

Pennant Hills Road, the Pacific Highway and Mona Vale Road carry heavy traffic, with NorthConnex and the M1 heading north. When several vehicles collide on these routes, fault can be divided between drivers. Public hospitals serving the area include Hornsby Ku-ring-gai 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. With Epping 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
Upper North Shore & Hornsby
Postcode
2121
Main roads
Boundary Road · Norfolk Road
Nearest public hospital
Hornsby Ku-ring-gai Hospital
Getting around
Epping station

At the scene: what to notice for fault

The insurer that decides fault will not have been there. It relies on what people recorded at the time. So record what you can: the time, the weather, the road surface, the lane markings and the direction each vehicle was travelling. If a witness stopped, ask whether they'll give their name. A note written that evening is worth more than a memory months later.

  • 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

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

Fault and your claim: four situations

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.

  1. 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.

  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

    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.

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Car crash near North Epping? Free fault check

Tell us what happened and what the insurer has said about fault. We'll point you to the right help, whether that's a lawyer, a doctor or neither.

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If you were the passenger

Being a passenger doesn't make fault irrelevant. It shifts the question to the drivers. If the driver of your car and another driver both contributed, your claim may involve both vehicles' insurers. Your own conduct can still come up in limited ways, such as not wearing a seatbelt or travelling with a driver you knew was affected by alcohol.

Many passengers hesitate to claim because the driver was someone close to them. It helps to know the claim is made against the CTP insurer, which exists for exactly this situation. The driver may be asked for their account, and any fault finding affects their own claim, not your right to make yours. Talk it through if you're worried about how it will land.

Read next:Passenger injury claims

If the insurer says you contributed

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?

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.

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

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.

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.

  • 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.

Fault disputes: when a lawyer is worth a call

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

A car accident lawyer for fault: when it helps

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

  • A fault decision has been made and the review deadline is running
  • The other driver changed their story after the crash
  • The other driver's insurer says you caused the crash
  • Your injury may be more than a threshold injury and fault will decide damages

You may not need one

  • You mainly need a doctor to record your injuries
  • You only need help identifying the at-fault vehicle's insurer
  • It was a clear rear-end collision and liability is accepted

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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