St George & Bayside · Car accident lawyer help

Car accident lawyer help for people in Turrella

Fault rarely stops a claim, but it can shorten benefits and close off a lump sum. We help you see where you stand.

Fault after a car crash is rarely all or nothing. The insurer may split it between drivers, reduce your claim over a missing seatbelt, or accept the other driver's account over yours. If you live in or travel through Turrella, our free claim check helps you understand what a fault finding means for you, and whether an independent lawyer should test it. There is no obligation and nowhere you need to go.

Postcode: 2205

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  • By phone & online, no office to visit
  • Helping people in Turrella & Arncliffe

Turrella: local roads, hospitals and evidence of fault

On General Holmes Drive, The Grand Parade or Stoney Creek Road, the other car may be a rental or a visitor's. That doesn't change how fault is judged, but get the driver's details and registration before they leave. On a busy route such as Henderson Street, rear-end and lane-change crashes are common, and each driver may remember the order of events differently. Photos of where the vehicles stopped help settle that. If you were taken to St George 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.

Around Turrella station, 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
St George & Bayside
Postcode
2205
Main roads
Henderson Street · Bayview Avenue
Nearest public hospital
St George Hospital
Getting around
Turrella station

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

If the insurer says you contributed

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

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

The insurer will form a view about who caused the crash, and that view shapes the rest of your claim. Find the situation closest to yours below, then check the detail with someone who can see your evidence.

  1. Situation 1

    You were not at fault

    No share of the fault is the strongest position. Benefits come from the at-fault vehicle's insurer, and a lump sum damages claim may follow if your injury isn't a threshold injury. The insurer still needs evidence before it accepts fault.

  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

    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

    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.

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Passengers and fault

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 child's medical records.

Read next:Passenger injury claims

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.

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

Fault, statutory benefits and damages

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

Dashcam, witnesses and the police record

An independent witness, someone with no link to either driver, can carry real weight. Get their name and phone number at the scene if you can. If you can't, the police record may have their details. Photos of the final positions of the vehicles also matter, since damage patterns often show the angle and order of impact.

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 a doctor, 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
  • Independent witnesses' names and numbers
  • Camera footage from nearby shops or homes
  • Photos of signals, signs and lane markings

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.

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

A car accident lawyer for fault: when it helps

A lawyer isn't a box to tick after every crash. When fault is clear and accepted, many people run their own claim. When it's argued, split or pinned on you, advice is often worth having.

Often worth talking to a lawyer

  • Your injury may be more than a threshold injury and fault will decide damages
  • 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
  • A seatbelt or speed argument is being used to cut your claim

You may not need one

  • You mainly need a doctor to record your injuries
  • You were a passenger and nobody disputes which driver caused it
  • Fault isn't argued and your benefits are being paid

Before any fault argument, get the right care. We can connect you with doctors and allied health experienced with CTP claims, who can treat you and complete a clear Certificate of Fitness whatever happens with 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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