Canterbury-Bankstown · Car accident lawyer help

Blamed for a crash near Roselands? Car accident lawyer help

Free, by phone or online. We tell you honestly whether a fault question needs a lawyer.

If you were hurt in a car crash in or around Roselands, fault is the question that shapes the rest of your claim. It rarely stops you claiming at all, but it decides whether a lump sum is possible and how long benefits can run. Our free claim check looks at what happened and what the insurer has said. We'll tell you honestly whether an independent lawyer should look at the fault question, or whether you can manage it yourself.

Postcode: 2196

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Roselands & Wiley Park

Where crashes near Roselands happen, and why it matters for fault

Stacey Street, Henry Lawson Drive and King Georges Road have busy intersections. If the other driver claims you ran a light, your account, any witness and any camera footage from nearby businesses will matter. Streets near the Roselands bus interchange carry buses, taxis and drop-offs that stop and start without much warning. In a crash with a vehicle pulling out from the kerb, fault often depends on who had to give way. Around the Roselands shopping centre, Beverly Hills Park and Gough Whitlam Park, 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
Canterbury-Bankstown
Postcode
2196
Main roads
Canterbury Road · King Georges Road
Getting around
Roselands bus interchange
Local landmarks
Roselands shopping centre · Beverly Hills Park

The first hours after a crash, and the question of 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.

  • The lane each vehicle was in, and any lane change
  • Where each car came to rest, photographed before moving if safe
  • Skid marks, debris and the damage to each vehicle
  • 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

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

A contributory negligence finding is usually expressed as a percentage. A few points either side of the 'mostly at fault' line can decide whether damages are possible at all, so ask how the figure was worked out.

Read next:Can I claim if I was partly 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

    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%.

  4. Situation 4

    No one was clearly at fault

    When a crash was nobody's fault, the claim isn't necessarily over. Under the 'blameless accident' rules, an injured person may be able to claim as if someone were at fault. Whether they apply depends on the facts.

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

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Free check on a fault question

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.

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Whose insurer, when fault is shared or unclear

Chain collisions are where fault gets complicated. The driver who started it may carry most of the blame, but a driver behind who was following too closely can share it. Each vehicle has its own Green Slip insurer. Your task is to record every vehicle involved and the order of the impacts; the insurers' task is to sort out which of them responds.

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

Evidence that settles fault

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.

  • Dashcam footage, saved as the original file
  • The police event number and any police record
  • Photos of both vehicles' damage and final positions
  • Your own written account from the first days

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.

If you were the passenger

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

Fault, statutory benefits and damages

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

When fault is disputed

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

Fault after a crash: when to call a lawyer, and when you may not need one

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

  • The other driver's insurer says you caused the crash
  • The insurer puts your share of fault above 61%
  • Fault is split between several drivers and no insurer will take the claim
  • You've been asked for a detailed statement about how the crash happened

You may not need one

  • It was a clear rear-end collision and liability is accepted
  • You were a passenger and nobody disputes which driver caused it
  • The other driver admitted fault and the insurer accepted it

If the insurer says you were mostly at fault, ask for its reasons in writing and note the date on the letter. An internal review is generally due within 28 days of receiving the decision. At fault vs not at 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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