If you were hurt in a car crash in or around Yarrawarrah, fault is the question that shapes the rest of your claim. It rarely stops you claiming at all, but it decides whether a lump sum is possible and how long benefits can run. Our free claim check looks at what happened and what the insurer has said. We'll tell you honestly whether an independent lawyer should look at the fault question, or whether you can manage it yourself.
Sutherland Shire · Car accident lawyer help
Car accident lawyer, Yarrawarrah: who was at fault?
Not every fault question needs a lawyer. The free check tells you whether yours does.
Postcode: 2233
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Driving in and around Yarrawarrah: fault in local crashes
Weekend traffic on Sir Bertram Stevens Drive through Royal National Park includes plenty of drivers unfamiliar with the bends. If a visitor crossed the centre line and hit you, record their details and exactly what you saw. Intersections along The Avenue and Waratah Road 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. Streets near Engadine 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.
Crashes in and around busy spots like Royal National Park often happen at low speed: reversing, pulling out or turning into a car park. Fault then turns on who had to give way, so photos of the signs and markings help.
- Region
- Sutherland Shire
- Postcode
- 2233
- Main roads
- The Avenue · Waratah Road
- Getting around
- Engadine station · Loftus station
- Local landmarks
- Royal National Park
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.
- What the traffic lights or give-way signs showed
- Where each car came to rest, photographed before moving if safe
- Names and phone numbers of anyone who saw it
- Weather, light and the road surface at the time
Read next:What to do after a car accident in NSW
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
Where fault leaves your claim: four common positions
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
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
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.
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.
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Car crash near Yarrawarrah? Free fault check
We'll look at the evidence of fault and your deadlines, and connect you with an independent lawyer only if your claim needs one.
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
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?
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 and care. 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
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
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
Dashcam, witnesses and the police record
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.
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.
- The police event number and any police record
- Independent witnesses' names and numbers
- Your own written account from the first days
- 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.
When fault is disputed
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
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
- The other driver's insurer says you caused the crash
- 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
- Your injury may be more than a threshold injury and fault will decide damages
You may not need one
- Your question is about payments, not about who caused the crash
- It was a clear rear-end collision and liability is accepted
- Fault isn't argued and your benefits are being paid
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
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 Yarrawarrah
- 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 Yarrawarrah
- If you were riding, walking or cycling, or travelling by truck, bus or rideshare when you were hurt, the motor vehicle accident page fits better. Motor vehicle accident lawyer in Yarrawarrah
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.
Usually less than people fear. Being partly to blame is called contributory negligence. It doesn't stop you claiming statutory benefits. It can reduce weekly payments after 52 weeks, and it reduces any damages by your share. It only removes damages altogether if your share is found to be greater than 61%. Ask how the insurer reached its percentage, and get advice if it seems high.
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.
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.
Not automatically, although it can help. A traffic fine or a criminal charge is a separate process from your claim, and the insurer generally looks at all the evidence rather than relying on it alone. A conviction can be strong support for your account. A charge that is dropped, or no charge at all, doesn't mean the other driver wasn't at fault. Keep a copy of any police paperwork you receive.
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.
Car accident lawyer: suburbs near Yarrawarrah
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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.