Drivers and passengers hurt in a crash near Werrington County often hear early on who the insurer thinks caused it. That view can be wrong, and it can be challenged. Fault is decided on evidence such as police records, photos, footage and witnesses, not on who apologised or who sounded more certain. We are not a law firm. We check where your claim stands and connect you with an independent lawyer when fault is genuinely in dispute.
Penrith & the Nepean · Car accident lawyer help
Car crash lawyer help with fault, for people in Werrington County
Plain answers on shared blame, seatbelt arguments and disputed fault, then the right help for your claim.
Postcode: 2747
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Werrington County & Cambridge Park
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.
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.
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
'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.
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.
Werrington County: local roads, car parks and evidence of fault
On Castlereagh Road, Erskine Park Road or the Great Western Highway, rear-end crashes in commuter traffic are common. Even when fault seems obvious, the insurer will want evidence before it accepts it. Streets near Werrington station 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 Werrington County shops and Werrington Lake, 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
- Penrith & the Nepean
- Postcode
- 2747
- Main roads
- Dunheved Road · Park Road
- Getting around
- Werrington station
- Local landmarks
- Werrington County shops · Werrington Lake
Fault after a crash: when to call a lawyer, and when you may not need one
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
- No driver seems to be at fault and you've been told you can't claim
- Fault is split between several drivers and no insurer will take the claim
- The insurer puts your share of fault above 61%
- A fault decision has been made and the review deadline is running
You may not need one
- Fault isn't argued and your benefits are being paid
- It was a clear rear-end collision and liability is accepted
- You only need to know which form to fill in
Whatever happens with fault, lodge your claim on time. Statutory benefits don't wait for a fault argument to be settled, and the 28-day mark for back-paid weekly payments still applies. How to make a CTP claim
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 Werrington County
- If you've already decided to engage a solicitor and want to know how the file runs stage by stage, see the car accident solicitor page. Car accident solicitor in Werrington County
- 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 Werrington County
What to note near Werrington County that bears on 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
- 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
Whose insurer, when fault is shared or unclear
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.
Read next:Multi-vehicle accidents
Free claim check
Not sure where fault leaves you? Ask us
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.
Why fault matters more for a lump sum than for benefits
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
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
How fault is shown after a car crash
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.
- The police event number and any police record
- Independent witnesses' names and numbers
- Your own written account from the first days
- Camera footage from nearby shops or homes
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.
Contributory negligence: when you share the blame
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 expert evidence 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?
The other driver blames you: what now?
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
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.
Not by itself. An apology can be mentioned, but insurers decide fault on the evidence as a whole: police records, damage patterns, photos, footage and witnesses. People apologise for many reasons, and drivers sometimes change their account later. Write down exactly what was said and when, then collect the harder evidence. If fault is disputed, those records will count for more than the apology.
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 expert opinion on whether a seatbelt would have changed your injuries. Get advice before you accept the percentage the insurer puts forward.
The insurer decides on the evidence, not on which account sounds more confident. It will look at the police record, the damage to each vehicle, where the cars stopped, any footage and any independent witnesses. While that happens, most people can still receive statutory benefits. If the insurer accepts the other driver's version and you think the evidence points the other way, the decision can generally be reviewed. That is a good time to get advice.
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.
Generally, yes. You claim against the CTP insurer of the vehicle at fault, which here is the Green Slip insurer of your friend's car. The claim is against the insurer, not against your friend personally. Passengers are rarely found at fault, though contributory negligence can still be raised in limited cases, for example if you knew the driver had been drinking. Your friend may be asked for their account, which is normal.
Car accident lawyer: suburbs near Werrington County
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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.