You don't have to prove fault on the day of the crash, but what you notice then can matter later. Lanes, signals, where the cars stopped and what was said all feed into the insurer's view. For people in Parkes, we explain how fault is weighed in a NSW claim and help you decide whether the question needs a lawyer. Often it doesn't. When it does, we'll connect you with one.
Central West, Orana & Far West · Car accident lawyer help
Blamed for a crash near Parkes? Car accident lawyer help
Most injured people can claim whoever caused the crash. Fault decides what happens after that.
Postcode: 2870
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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.
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.
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
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.
Parkes roads and the question of fault
The Great Western Highway, the Mitchell Highway and the Newell Highway carry traffic between Bathurst, Orange and Dubbo. Livestock and wildlife on the road can raise questions about whether anyone was at fault. With Parkes 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. Around the Parkes Observatory, crashes at entrances, exits and car parks often come down to who should have given way. Ask whoever manages the site whether cameras caught it, and ask quickly, as footage may not be kept for long.
- Region
- Central West, Orana & Far West
- Postcode
- 2870
- Main roads
- Newell Highway · Henry Parkes Way
- Getting around
- Parkes station
- Local landmarks
- Parkes Observatory
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
- Fault is split between several drivers and no insurer will take the claim
- No driver seems to be at fault and you've been told you can't claim
- The other driver's insurer says you caused the crash
- The insurer puts your share of fault above 61%
You may not need one
- The other driver admitted fault and the insurer accepted it
- You only need to know which form to fill in
- Fault isn't argued and your benefits are being paid
Fault may be the legal question, but evidence decides it. Keep the police event number, photos, dashcam footage and witness details together, and write down your own account while it's fresh. What to do after a car accident
Not quite your situation?
- If you're not yet sure whether this is an injury claim, a damage claim or something else, the car accident claim page helps you tell them apart. Car accident claim in Parkes
- 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 Parkes
- 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 Parkes
The first hours after a crash, and the question of 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
- Exactly what the other driver said, written down that day
- Whether you and your passengers wore seatbelts
- Weather, light and the road surface at the time
Read next:What to do after a car accident in NSW
Passengers and fault
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
Free claim check
Talk through who caused the crash
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 or a clear next step of your own.
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
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 and care. 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
If the insurer says you contributed
Contributory negligence means you are found to have contributed to the crash or to your own injuries. Common examples are not wearing a seatbelt, speeding, or travelling with a driver you knew had been drinking. It doesn't usually stop a claim. It can reduce weekly payments after 52 weeks and reduce damages, and above 61% you are treated as mostly at fault.
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?
How fault is shown after a car crash
Fault is decided on evidence, not on who sounds more certain. The usual pieces are the police event number and any police record, photos of where the cars stopped, the damage to each vehicle, dashcam footage and independent witnesses. No single piece is always decisive. Together they usually show what happened, even when the drivers tell different stories.
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 the police, 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.
- The police event number and any police record
- Photos of both vehicles' damage and final positions
- Independent witnesses' names and numbers
- Camera footage from nearby shops or homes
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
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
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.
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.
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.
Generally, yes. You claim against the CTP insurer of the vehicle at fault, which here is the Green Slip insurer of your friend's car. The claim is against the insurer, not against your friend personally. Passengers are rarely found at fault, though contributory negligence can still be raised in limited cases, for example if you knew the driver had been drinking. Your friend may be asked for their account, which is normal.
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.
Not automatically, although it can help. A traffic fine or a criminal charge is a separate process from your claim, and the insurer generally looks at all the evidence rather than relying on it alone. A conviction can be strong support for your account. A charge that is dropped, or no charge at all, doesn't mean the other driver wasn't at fault. Keep a copy of any police paperwork you receive.
Car accident lawyer: suburbs near Parkes
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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.