Newcastle & the Hunter · Car accident lawyer help

Car accident lawyer help for people in Wickham

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 Wickham 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: 2293

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  • Helping people in Wickham & Newcastle West

Wickham roads and the question of fault

The M1, the Hunter Expressway and the New England Highway carry commuter and freight traffic across the Hunter. In a multi-vehicle crash on these routes, fault can be split between several drivers. Intersections along Hannell Street and Stewart Avenue can involve turning arrows, give-way signs and changing lights. If fault is argued, a photo of the signals and lane markings taken on the day is hard to dispute. Public hospitals serving the area include Calvary Mater Newcastle and John Hunter Hospital. Ambulance and emergency notes usually record how the crash was described on the day, which can matter if the other driver's account changes later.

With Newcastle Interchange and the Newcastle Light Rail 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
2293
Main roads
Hannell Street · Stewart Avenue
Nearest public hospital
Calvary Mater Newcastle
Getting around
Newcastle Interchange · Newcastle Light Rail

At the scene: what to notice for 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
  • Where each car came to rest, photographed before moving if safe
  • Exactly what the other driver said, written down that day
  • Weather, light and the road surface at the time

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

Why fault matters more for a lump sum than for benefits

Most people hurt in a car crash can claim statutory benefits regardless of fault, covering weekly payments and reasonable and necessary treatment. Fault matters most for the lump sum. Common law damages are only possible if another driver was at fault, you were not mostly at fault, and your injury is more than a threshold injury. So a fault finding against you can close off damages even while benefits are paid.

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

Four ways fault can play out after a car accident

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

    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.

  2. 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.

  3. Situation 3

    You were wholly or mostly at fault

    For accidents from 1 April 2023, a driver found wholly or mostly at fault generally still receives statutory benefits for the first 52 weeks, but cannot claim damages. A child aged 16 or under at the time is still covered for the treatment and care they need, however long that is.

  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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Seatbelts, speed and your share of fault

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 and 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.

Read next:Passenger injury claims

Chain crashes and split blame

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

Dashcam, witnesses and the police record

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.

The police event number links your claim to the official record of the crash. The insurer can use it to check who was involved and what was reported. It's worth getting even if the crash seemed minor and police didn't attend, because a record made close to the time is harder to dispute than one pieced together later.

  • Photos of both vehicles' damage and final positions
  • Independent witnesses' names and numbers
  • Your own written account from the first days
  • Camera footage from nearby shops or homes

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

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

  • Fault is split between several drivers and no insurer will take the claim
  • You've been asked for a detailed statement about how the crash happened
  • The insurer puts your share of fault above 61%
  • Your injury may be more than a threshold injury and fault will decide damages

You may not need one

  • You mainly need a doctor to record your injuries
  • It was a clear rear-end collision and liability is accepted
  • Your question is about treatment, not about who caused the crash

If what you need now is treatment, start there. Ask us about doctors and allied health, such as GPs, physiotherapists and psychologists, who understand CTP claims and the Certificate of Fitness.

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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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