Newcastle & the Hunter · Car accident lawyer help

Car accident lawyer help for people in Thornton

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

Being partly to blame for a car accident usually reduces a claim rather than ending it. Being found mostly at fault is different, and the line between the two is worth understanding. People from Thornton can use our free check by phone or online to see which side of that line the evidence points to, and whether a lawyer's view would help before you accept the insurer's position.

Postcode: 2322

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Driving in and around Thornton: fault in local crashes

Nelson Bay Road, the Pacific Highway and the Newcastle Inner City Bypass carry heavy local traffic. If the insurer says you contributed to a crash there, ask how it reached its percentage. Whether the crash was on Raymond Terrace Road 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. With Thornton station 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
Newcastle & the Hunter
Postcode
2322
Main roads
Raymond Terrace Road
Getting around
Thornton station

At the scene: what to notice for fault

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.

  • The lane each vehicle was in, and any lane change
  • Names and phone numbers of anyone who saw it
  • Whether you and your passengers wore seatbelts
  • Weather, light and the road surface at the time

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

Several vehicles, several insurers: working out fault

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

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

    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

    Sharing some of the blame generally doesn't stop a claim. It can reduce weekly payments after the first 52 weeks and cut down any damages in proportion. How much is often argued, which is where advice helps.

  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

    Some crashes happen without any driver being at fault, for example after a sudden medical episode or an unforeseeable mechanical failure. NSW has 'blameless accident' rules that may let an injured person claim in some of these cases. They are technical, so get advice.

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

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Contributory negligence: when you share the blame

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?

Passengers: why the fault question is usually about the drivers

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.

Children in the car are in a special position. Whoever caused the crash, a child aged 16 or under at the time can keep receiving treatment and care for as long as they need it. Usually a parent or guardian lodges the claim for them. Fault can still matter for other entitlements, so keep the police record with the rest of the child's claim papers.

Read next:Passenger injury claims

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

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

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.

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.

  • Independent witnesses' names and numbers
  • Your own written account from the first days
  • Camera footage from nearby shops or homes
  • Any messages the other driver sent after the crash

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.

The other driver blames you: what now?

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

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

  • The other driver changed their story after the crash
  • 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
  • You've been asked for a detailed statement about how the crash happened

You may not need one

  • Your question is about payments, not about who caused the crash
  • You only need help identifying the at-fault vehicle's insurer
  • You only need to know which form to fill in

Fault may be the legal question, but evidence decides it. Keep the police event number, photos, dashcam footage and witness details together, and write down your own account while it's fresh. What to do after a car accident

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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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