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 The Ponds, 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.
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Where fault leaves your claim: four common positions
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
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.
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
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
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 The Ponds: fault in local crashes
The M7, the M4 and the Great Western Highway meet around Blacktown, with Richmond Road and Sunnyholt Road busy at peak times. Where fault is disputed, lane position and speed are often the key questions. Much of the local driving happens on The Ponds Boulevard, Riverbank Drive and Greenwich Street. After a crash on one of them, note the lane you were in, the nearest cross street and the signals, because fault often turns on those details. If you were taken to Blacktown Hospital, the ambulance and emergency records often note the type of impact, such as being hit from behind or side-on. That early description can support your version of how the crash happened.
With Tallawong Metro station, Schofields station and bus stops for Rouse Hill Town Centre 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
- Blacktown & Mount Druitt
- Postcode
- 2769
- Main roads
- The Ponds Boulevard · Riverbank Drive
- Nearest public hospital
- Blacktown Hospital
- Getting around
- Tallawong Metro station · Schofields station
A car accident lawyer for fault: when it helps
Plenty of car accident claims never involve a fault argument. The ones that do often benefit from advice, because fault controls the lump sum. These lists show when a lawyer is commonly worth a call on fault, and when you may manage alone.
Often worth talking to a lawyer
- Your injury may be more than a threshold injury and fault will decide damages
- The other driver's insurer says you caused the crash
- A seatbelt or speed argument is being used to cut your claim
- The insurer puts your share of fault above 61%
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
- Fault isn't argued and your benefits are being paid
Fault may be the legal question, but your injuries are the heart of the claim. We can point you to doctors and allied health who work with CTP claims, including the Certificate of Fitness the insurer needs.
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 The Ponds
- 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 The Ponds
- If you weren't in a car at all but on a motorbike, a bicycle or on foot, the motor vehicle accident page covers your situation. Motor vehicle accident lawyer in The Ponds
What to note near The Ponds that bears on 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
- Skid marks, debris and the damage to each vehicle
- Names and phone numbers of anyone who saw it
- Whether you and your passengers wore seatbelts
Read next:What to do after a car accident in NSW
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.
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.
- Independent witnesses' names and numbers
- Camera footage from nearby shops or homes
- Photos of signals, signs and lane markings
- Any messages the other driver sent after the crash
Save footage early
Many dashcams loop and record over older files. Copy the crash footage to another device straight away, and keep the original file untouched.
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We'll look at the evidence of fault and your deadlines, and connect you with an independent lawyer only if your claim needs one.
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
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.
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
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 medical opinion 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?
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.
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
When fault is disputed
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.
Read next:At-fault self-check
Frequently asked questions
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.
If your claim is against that vehicle's CTP insurer, you'll deal with them to run it, so a call is normal. Stick to facts, don't guess about speeds or injuries you're unsure of, and keep a note of the call. If you're asked for a detailed recorded statement about how the crash happened, you can ask for time to get advice first, especially if they're questioning who caused it.
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 medical opinion on whether a seatbelt would have changed your injuries. Get advice before you accept the percentage the insurer puts forward.
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 and the child's medical records together, and note which driver the police report points to.
Car accident lawyer: suburbs near The Ponds
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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.