Car crash lawyer help with fault, for people in Tamarama

Once everyone is safe and anyone hurt has help, your memory of the crash is at its sharpest. Note which lane each car was in, what the lights or signs showed, roughly how fast you were going and where the vehicles came to rest. Write down anything the other driver said about how it happened. These details can decide fault later, and they fade within days.

• Where each car came to rest, photographed before moving if safe
• Skid marks, debris and the damage to each vehicle
• Exactly what the other driver said, written down that day
• Whether you and your passengers wore seatbelts

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.

Some evidence only exists for a short time: skid marks, debris, temporary signs and camera footage. Other evidence can be gathered later, such as the police record and witness statements. If fault is disputed, a lawyer can ask for footage and records to be kept and, where the claim justifies it, obtain an expert opinion on how the crash happened.

• Photos of both vehicles' damage and final positions
• Independent witnesses' names and numbers
• Camera footage from nearby shops or homes
• Any messages the other driver sent after the crash

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.

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.

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.

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.

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.

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.