Canterbury-Bankstown · Car accident lawyer help

Car crash lawyer help with fault, for people in Revesby North

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

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 Revesby North, 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.

Postcode: 2212

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Local context for a fault question in Revesby North

The Hume Highway, Canterbury Road and the M5 carry heavy traffic through Canterbury-Bankstown. In crashes involving several cars, fault can be shared, and each driver's insurer may take a different view of it. Whether the crash was on Marco Avenue or a quiet side street, 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. Public hospitals serving the area include Bankstown-Lidcombe 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 Revesby station and bus stops for Bankstown 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
Canterbury-Bankstown
Postcode
2212
Main roads
Marco Avenue · Beaconsfield Street
Nearest public hospital
Bankstown-Lidcombe Hospital
Getting around
Revesby station · bus services to Bankstown

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.

  • The lane each vehicle was in, and any lane change
  • Names and phone numbers of anyone who saw it
  • Exactly what the other driver said, written down that day
  • Whether you and your passengers wore seatbelts

Read next:What to do after a car accident in NSW

Seatbelts, speed and your share of fault

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?

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.

  1. Situation 1

    You were not at fault

    Your claim goes to the CTP insurer of the vehicle that caused the crash. You can receive statutory benefits, and if your injury is more than a threshold injury, a common law damages claim may also be open to you.

  2. Situation 2

    You were partly at fault

    Partial fault is common and usually a question of degree. A finding of contributory negligence can lower weekly payments beyond 52 weeks and reduce damages, so the percentage the insurer picks is worth checking.

  3. 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.

  4. Situation 4

    No one was clearly at fault

    Unexplained crashes sit in a grey area. The 'blameless accident' provisions may allow a claim where no driver was at fault, but they don't fit every situation. Talk it through with someone who knows them before you rule anything out.

General information, not legal advice. Fault and contributory negligence are decided on the evidence. Time limits apply.

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Passengers and fault

A passenger isn't driving, so a passenger is rarely found at fault for the crash itself. The claim goes to the CTP insurer of whichever vehicle was at fault. If your own driver caused it, that's the Green Slip of the car you were in, even when the driver is a friend or family member. The insurer responds to the claim, not the driver personally.

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

How fault is shown after a car crash

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.

  • Photos of both vehicles' damage and final positions
  • Independent witnesses' names and numbers
  • Your own written account from the first days
  • Camera footage from nearby shops or homes

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.

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.

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

What fault changes in your claim

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

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

  • Fault is split between several drivers and no insurer will take the claim
  • A seatbelt or speed argument is being used to cut your claim
  • The other driver's insurer says you caused the crash
  • No driver seems to be at fault and you've been told you can't claim

You may not need one

  • It was a clear rear-end collision and liability is accepted
  • You mainly need a doctor to record your injuries
  • Your question is about treatment, not about who caused the crash

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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