Car accidents happen in a flash, but their legal and financial aftermath can drag on for months—or years. Data from the AIHW shows that in 2022-2023 alone, 20,196 hospitalisations were due to car accidents. Luckily, Australia’s Compulsory Third Party (CTP) insurance can be a lifeline. But what if you’re partly at fault?
If you’re in this situation, navigating your rights and compensation options can feel overwhelming. This guide breaks down how CTP insurance works when you’re partially responsible, ensuring you understand your entitlements and the steps to take.
The best thing to do? Call us now to get expert advice.
Understanding Partial Fault in Car Accidents
Partial fault means both you and another party contributed to causing the accident. For example, if you were speeding slightly when another driver ran a red light and hit you, you might share some responsibility for the resulting collision. But take note: being partly at fault doesn’t automatically disqualify you from compensation—it typically reduces your compensation proportionally to your level of fault.
The good news is that even if you are partially responsible for the accident, you can still make a CTP claim. However, each state handles these claims differently, and understanding these variations is crucial for maximising your entitlements.
State-by-State Compensation Systems
New South Wales (NSW)
NSW operates under a hybrid system that combines no-fault and fault-based elements. The Motor Accidents Injuries Act 2017 (NSW) governs CTP claims. Key features include:
- If you’re injured, you can access up to $5,000 in medical expenses and lost earnings through an Accident Notification Form, regardless of fault.
- For more serious injuries, you can make a full personal injury claim within six months.
- Your compensation will be reduced based on how much fault you share in the incident. For example, if your claim is worth $100,000 and you’re found 50% at fault, you’d receive $50,000.
Queensland (QLD)
Queensland’s CTP scheme is fault-based, governed by the Motor Accident Insurance Act 1994 (Qld). When you’re partly responsible, here’s what you need to know:
- You’ll need to show that someone else’s negligence caused or contributed to your injuries.
- Compensation is based on total damages but will be reduced by your share of fault.
- There is no cap on ‘threshold’ or ‘minor’ injuries—you can claim pain and suffering if your injuries are serious.
So, for example, if you were found 40% responsible for an accident and your claim was valued at $200,000, you would receive $120,000.
Further, Queensland’s CTP scheme provides compensation for some circumstances:
- If the at-fault vehicle is uninsured or unidentified, you can lodge a claim with the Nominal Defendant, who serves as the CTP insurer in these situations.
- People who are seriously injured in an accident can claim lifetime treatment, care, and support under the National Injury Insurance Scheme (NIIS).
However, fraudulent activities, such as submitting false or misleading information or documents to a CTP insurer, carry severe penalties.
Western Australia (WA)
WA operates under a fault-based system, governed by the Motor Vehicle (Third Party Insurance) Act 1943 (WA). The Insurance Commission of WA (ICWA) administers claims. If you’re partly at fault:
- You can still claim compensation, but the payout will be reduced proportionally to your level of fault.
- ICWA will propose a fault percentage, which you can challenge with legal assistance.
- The Catastrophic Injury Support Scheme (CIS), established in July 2016, provides comprehensive care and support for those severely injured in WA road crashes, regardless of fault.
South Australia (SA)
SA’s CTP scheme is a blend of no-fault and fault-based elements under the Motor Vehicles Act 1959 (SA). Key points:
- You’re entitled to immediate medical care, no matter who’s at fault.
- Compensation for pain and suffering, lost income, and long-term care depends on proving another party’s partial fault.
- The Lifetime Support Scheme (LSS) provides ongoing care for catastrophic injuries, regardless of fault.
Making Your Claim: Essential Steps
Regardless of your state, certain steps are crucial for protecting your rights after an accident where you’re partly at fault:
Immediate Medical Attention
Seek medical treatment promptly, even for minor injuries. Medical records are vital for your claim, so ensure all injuries are documented from the outset. Tell your healthcare providers about all symptoms, as some injuries may worsen over time.
Police Reporting
Report the accident to the police immediately if anyone is injured. In NSW, you’ll need an event number for your claim. Other states have similar requirements, making police documentation essential for your claim’s success.
Evidence Collection
Be sure to collect as much evidence as possible at the scene, such as:
- Photos of the damage to your vehicle and the accident scene itself.
- Witness contact details
- Other driver’s registration and insurance information
- Weather and road conditions
- CCTV footage, if available
Claim Lodgement Time Limits
Each state has specific timeframes for lodging claims:
| State | Timeframe | Claim Requirement |
|
NSW |
28 days | Lodge Accident Notification Form (ANF) for initial medical and income support. |
|
6 months |
Submit notice of claim within this time. |
|
|
3 years |
File a Common Law Damages Claim for serious injuries. |
|
|
QLD |
9 months |
For uninsured drivers, submit the Notice of Claim form to the Nominal Defendant within this period |
|
3 years |
Claim damages in court from the date the accident happened. |
|
|
WA
|
As soon as possible |
Lodge claim form with the Insurance Commission of WA (ICWA) promptly. |
|
3 years |
Make a personal injury claim within this period. |
|
|
SA |
6 months |
Provide initial notification of the accident. |
| 3 years |
Make a claim in court when needed. |
But remember: earlier lodgment improves your chances of success and access to benefits.
Understanding Contributory Negligence
When you’re partly at fault, insurers apply the principle of “contributory negligence” to reduce your compensation. Common factors that might lead to a finding of contributory negligence include:
- Speeding
- Not wearing a seatbelt
- Driver fatigue
- Distracted driving
- Failing to keep a proper lookout
- Not maintaining a safe following distance
The percentage reduction in your compensation depends on how much your actions contributed to the accident.
Special Considerations
Catastrophic Injuries
Every state has a no-fault coverage scheme for catastrophic injuries, ensuring that victims receive lifelong medical care and rehabilitation support. These injuries include:
- spinal cord damage
- brain injuries
- amputations
- severe burns
Programs like the NSW Lifetime Care and Support Scheme and SA’s Lifetime Support Scheme (LSS) provide ongoing assistance, even if you were responsible for the crash.
Multiple At-Fault Parties
When more than one driver shares fault, insurers divide liability percentages. For example, if three vehicles are involved, and the fault is split 50-30-20, your compensation would be reduced based on your contribution. This often occurs in multi-car pileups or chain-reaction collisions.
Let’s say that your claim is worth $150,000. If your level of fault is 20%, here’s how the contribution can be divided:
|
Driver |
Level of Fault | Amount |
|
A |
50% |
$150,000 x 50% = $75,000 |
| B | 30% |
$150,000 x 30% = $45,000 |
| You | 20% |
$150,000 x 20% = $30,000 |
Therefore: $150,000 (worth of claim) – $30,000 (your contribution) = $120,000 (amount you’ll receive)
Combining the payments from the insurers of drivers A and B, less your level of fault, you will receive $120,000 as compensation.
Environmental Factors
If poor road conditions or unclear signage contributed to the accident, liability may extend beyond the drivers involved. Local councils, road authorities, or construction companies might be held partially responsible. For instance, if a poorly maintained road caused a driver to swerve into another lane, the council may bear some liability, reducing the personal fault assigned to each driver.
Moving Forward
Being partly at fault in an accident doesn’t mean you should accept minimal or no compensation. Understanding your rights, following proper procedures, and seeking legal assistance can help ensure fair compensation.
Each state’s system has complexities, and outcomes can vary significantly. Acting promptly, maintaining thorough documentation, and seeking professional guidance can protect your interests.
Your right to compensation doesn’t disappear just because you were partly at fault—it’s about ensuring you receive fair treatment within the legal framework.
We Support You
From the moment you decide to seek our help, we ensure that:
- Immediate steps are taken to speed up the resolution of your claim.
- You have direct access to an experienced Car Accident Lawyer whenever you need assistance.
- There are no upfront costs for preparing your claim.
- You receive full transparency with regular updates on your claim’s progress.
- All your enquiries are responded to promptly, and phone calls are returned without delay.
With a No Win No Fee No Risk guarantee, you don’t pay us unless we win. Our goal is to handle the legal process so you can focus on recovery while ensuring you receive the compensation you deserve.
But time limits apply. Contact one of our Car Injury Compensation Lawyers Parramatta, Motor Vehicle Claims Lawyers Cabramatta, Car Accident Lawyers Perth, Motor Vehicle & Car Accident Lawyers Adelaide, Car Accident Lawyers Brisbane, and Car Accident Lawyers Canberrra today.
