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 Perrys Crossing, 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.
Hawkesbury · Car accident lawyer help
Car accident lawyer, Perrys Crossing: who was at fault?
Most injured people can claim whoever caused the crash. Fault decides what happens after that.
Postcode: 2775
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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.
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
Being at fault doesn't leave you with nothing. Statutory benefits generally continue for the first 52 weeks, but a damages claim is off the table. The same applies once contributory negligence is found to be greater than 61%.
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.
Driving in and around Perrys Crossing: fault in local crashes
Near the vehicle ferries at Wisemans Ferry and Sackville, traffic queues and merges in tight spaces. A low-speed crash there still has a fault question, answered the same way as anywhere else in NSW. Fault is decided on the evidence as a whole. Skid marks, damage patterns and the final positions of the cars can say more than either driver's account. 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
- Hawkesbury
- Postcode
- 2775
- Transport in the region
- Richmond Line (Mulgrave, Windsor, Clarendon, East Richmond, Richmond) · Buses to Blacktown, Rouse Hill and Penrith
Do you need a lawyer for a fault question?
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
- Your injury may be more than a threshold injury and fault will decide damages
- 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%
- A seatbelt or speed argument is being used to cut your claim
You may not need one
- You were a passenger and nobody disputes which driver caused it
- Fault isn't argued and your benefits are being paid
- You only need help identifying the at-fault vehicle's insurer
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 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 Perrys Crossing
- 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 Perrys Crossing
- 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 Perrys Crossing
The first hours after a crash, and the question of 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.
- 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
- Weather, light and the road surface at the time
Read next:What to do after a car accident in NSW
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.
Passengers and drivers caught in the middle of a chain crash often feel stuck between insurers. Your claim generally shouldn't stall while the insurers sort out their shares. Keep a note of every call, who you spoke to and what they said. If no insurer will take responsibility, that is a good moment to ask for advice.
Read next:Multi-vehicle accidents
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Not sure where fault leaves you? Ask us
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.
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.
- Dashcam footage, saved as the original file
- The police event number and any police record
- Independent witnesses' names and numbers
- 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 expert evidence 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?
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.
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
What fault changes in your claim
Think of the claim in two parts. Statutory benefits come first and, for most people, don't depend on who caused the crash. Common law damages come later and depend heavily on it: another driver must have been at fault, you must not have been mostly at fault, and the injury must be more than a threshold injury. That is why fault is worth attention early.
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
When fault is disputed
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
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.
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.
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 expert opinion on whether a seatbelt would have changed your injuries. Get advice before you accept the percentage the insurer puts forward.
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.
Car accident lawyer: suburbs near Perrys Crossing
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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.