You don't have to prove fault on the day of the crash, but what you notice then can matter later. Lanes, signals, where the cars stopped and what was said all feed into the insurer's view. For people in Yennora, we explain how fault is weighed in a NSW claim and help you decide whether the question needs a lawyer. Often it doesn't. When it does, we'll connect you with one.
Parramatta & Cumberland · Car accident lawyer help
Car accident lawyer help for people in Yennora
Fault rarely stops a claim, but it can shorten benefits and close off a lump sum. We help you see where you stand.
Postcode: 2161
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- Helping people in Yennora & Fairfield East
Where fault leaves your claim: four common positions
People often assume that being at fault means getting nothing. That isn't how the NSW scheme generally works. The four situations below show what usually changes as your share of the blame goes up.
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
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
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.
Driving in and around Yennora: fault in local crashes
Woodville Road, Victoria Road and the Cumberland Highway have long runs of traffic lights. If the other driver disputes who had the green, witness details and camera footage are worth chasing early. Much of the local driving happens on Fairfield Road, Carnarvon Street and The Horsley Drive. After a crash on one of them, note the lane you were in, the nearest cross street and the signals, because fault often turns on those details. With Yennora station and bus stops on Fairfield Road 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.
If the crash happened near the Yennora freight terminal, note the exact spot, the signs and road markings, and any shops or buildings with cameras facing the road. Those details can decide a fault argument months later, when memories have faded.
- Region
- Parramatta & Cumberland
- Postcode
- 2161
- Main roads
- Fairfield Road · Carnarvon Street
- Getting around
- Yennora station · bus stops on Fairfield Road
- Local landmarks
- Yennora freight terminal
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 insurer puts your share of fault above 61%
- You've been asked for a detailed statement about how the crash happened
- 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
- It was a clear rear-end collision and liability is accepted
- You were a passenger and nobody disputes which driver caused it
- 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 not yet sure whether this is an injury claim, a damage claim or something else, the car accident claim page helps you tell them apart. Car accident claim in Yennora
- If you're engaging a solicitor and want to know what happens between now and settlement, the car accident solicitor page walks through it. Car accident solicitor in Yennora
- 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 Yennora
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
- Exactly what the other driver said, written down that day
- 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
Seatbelts, speed and your share of fault
Insurers look at more than who hit whom. They may ask whether you wore a seatbelt, how fast you were going and whether you were distracted. The finding is usually a percentage. A small one trims damages and later weekly payments. One greater than 61% has a much bigger effect, because it rules out damages altogether.
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?
Free claim check
Not sure where fault leaves you? Ask us
Free and no obligation. Call (02) 7238 7379 or send a few details online, and we'll help you work out where fault leaves your claim.
Evidence that settles fault
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.
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
- Photos of both vehicles' damage and final positions
- Photos of signals, signs and lane markings
- 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.
If you were the passenger
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.
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
Chain crashes and split blame
In a two-car crash, the injury claim usually goes to the CTP insurer of the car at fault, which is your own vehicle's insurer if you caused it. When fault is shared or unclear, the insurers may not agree at first. That shouldn't hold up your claim. Lodge with the insurer that fits the evidence you have, and let the fault question be worked out as the claim proceeds.
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
Why fault matters more for a lump sum than for benefits
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
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
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.
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.
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.
Keep the original file safe first. Many dashcams record over older footage, so copy it to another device or cloud storage straight away, without trimming or editing it. Tell the insurer you have footage, and give it to police if they're investigating. If fault is disputed, the footage can be one of the strongest pieces of evidence you have, because it shows the crash rather than anyone's memory of it.
Less than it does for adults. A child who was 16 or under at the time of the accident can receive treatment and care for as long as they need it, regardless of fault. Fault can still matter for other entitlements, such as any damages claim. A parent or guardian usually handles the claim. Keep the police record with the other claim papers, and note which driver the police report points to.
'Mostly at fault' means your contributory negligence is found to be greater than 61%. If you were wholly or mostly at fault, weekly payments and treatment and care are generally limited to the first 52 weeks, and you can't claim common law damages. For accidents from 1 April 2023, most people in that position still receive those first 52 weeks of statutory benefits. Because so much turns on the line, a finding close to it is worth having reviewed.
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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.