A rear-end crash in traffic, a collision at an intersection, a lane change that went wrong: around Richards, as anywhere in NSW, the injury claim usually goes to the insurer of the vehicle at fault. When that is obvious, many people never need a lawyer. When the drivers disagree or the insurer says you contributed, advice is often worth having. Our free check helps you tell which situation you're in.
Penrith & the Nepean · Car accident lawyer help
Car accident lawyer Richards: drivers, passengers and fault
Plain answers on shared blame, seatbelt arguments and disputed fault, then the right help for your claim.
Postcode: 2765
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Richards & Angus
Where fault leaves your claim: four common positions
People often assume that being at fault means getting nothing. That isn't how the NSW scheme generally works. The four situations below show what usually changes as your share of the blame goes up.
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
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.
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
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.
Driving in and around Richards: fault in local crashes
On Castlereagh Road, Erskine Park Road or the Great Western Highway, rear-end crashes in commuter traffic are common. Even when fault seems obvious, the insurer will want evidence before it accepts it. 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
- Penrith & the Nepean
- Postcode
- 2765
- Transport in the region
- Western Line (St Marys, Werrington, Kingswood, Penrith, Emu Plains) · Blue Mountains Line trains through Penrith and Emu Plains
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
- Fault is split between several drivers and no insurer will take the 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
- You've been asked for a detailed statement about how the crash happened
You may not need one
- You only need help identifying the at-fault vehicle's insurer
- Fault isn't argued and your benefits are being paid
- You were a passenger and nobody disputes which driver caused it
Whatever happens with fault, lodge your claim on time. Statutory benefits don't wait for a fault argument to be settled, and the 28-day mark for back-paid weekly payments still applies. How to make a CTP claim
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 Richards
- 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 Richards
- 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 Richards
At the scene: what to notice for fault
You don't need to decide who caused the crash at the scene, and it's wiser not to argue about it there. Swap details, stay calm and avoid guessing about speeds or blame. What helps most later is a clear record: photos of the vehicles' positions, the road layout and any witness who saw it happen, with their name and number.
- What the traffic lights or give-way signs showed
- Names and phone numbers of anyone who saw it
- 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
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
Free claim check
Free check on a fault question
By phone or online, from anywhere in NSW. The claim check is free, and there's no pressure to take any next step.
Seatbelts, speed and your share of fault
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?
Dashcam, witnesses and the police record
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.
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
- Photos of signals, signs and lane markings
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.
Why fault matters more for a lump sum than for benefits
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
Passengers and fault
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
Fault disputes: when a lawyer is worth a call
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
'Mostly at fault' means your contributory negligence is found to be greater than 61%. If you were wholly or mostly at fault, weekly payments and treatment and care are generally limited to the first 52 weeks, and you can't claim common law damages. For accidents from 1 April 2023, most people in that position still receive those first 52 weeks of statutory benefits. Because so much turns on the line, a finding close to it is worth having reviewed.
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.
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 with the other claim papers, and note which driver the police report points to.
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.
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.
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.
Car accident lawyer: suburbs near Richards
Related reading
Ready to talk it through?
Get a free, no-obligation claim check. It's the first step toward understanding where your claim stands and what help it needs.
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.