Partial fault and shared fault — NSW
When the crash isn't 100% one driver's fault, the numbers shift. The claim doesn't end.
Most crashes aren't clean-cut. A bit of you, a bit of them. The insurer puts a percentage on it. That percentage shapes how things look for the rest of the claim — and getting it wrong can cost you. We work through it properly rather than taking the first number put on the phone.
Most crashes aren’t 100% one person’s fault.
When two cars crash, the insurer usually ends up apportioning fault between them. Sometimes 100/0. Often something else — 70/30, 60/40, 50/50, 80/20. The legal term is “contributory negligence”: each driver’s share of contribution to what happened.
The classic shared-fault patterns turn up over and over. Rear-ending someone who brake-checked you. Changing lanes into a car that was speeding. Turning across an oncoming car that ran an amber. T-bone at an intersection where neither driver could fully see the other. In each one, neither driver is 100% in the clear and neither is 100% to blame. The percentage is the insurer’s read on how the contributions split.
The percentage matters because it shapes what happens next. Get scored higher than you should be and you can lose months of support and a chunk of any lump sum. Get it scored fairly and the claim runs cleanly. The part to know: that number isn’t fixed when the insurer first puts it on the phone. It can be pushed back on with the right evidence.
What the insurer actually looks at.
It’s not a vibe. It’s a stack of evidence, weighed in a fairly predictable way.
The police report
If police attended and filed a report, the insurer reads it carefully. It's not the last word — police aren't deciding fault for the insurance scheme — but it carries weight. We always get a copy on file.
Dashcam and CCTV
Footage settles a lot of disputes quickly. Yours, theirs, or a nearby business camera. We help track it down — businesses often only keep footage for 7 to 30 days, so the sooner the better.
Damage patterns
Where each car is dented, scraped or crushed tells a clear story about who hit who and at what angle. Repair estimates and assessor photos all become part of the file.
Witness statements
Independent witnesses are gold — they didn't pick a side at the scene and they have no skin in the game. If anyone gave you their number at the crash, hand it over and we'll follow up.
The road layout
Lane markings, give-way signs, traffic lights, visibility, line of sight, weather conditions on the day. We pull in road geometry from satellite imagery where it matters. Often shifts the percentage materially.
Statements at the scene
What each driver said at the time gets weighed too — but it's not binding. A panicked 'sorry, my fault' on the day doesn't have to define the file. Tell us what actually happened, not just what you said.
Why the number 61% matters in NSW.
NSW’s motor accident scheme draws a line at 61% fault. If your share is 61% or higher (meaning the other driver is 39% or less responsible), the scheme treats you as “mostly at fault” and your statutory benefits step down significantly after 26 weeks instead of running the full 52.
If your share is 60% or below, the full 52-week framework runs as it would for any other claimant.
That’s why a percentage point either side of 61 is worth fighting over. The difference between being scored at 60% and 65% isn’t cosmetic — it’s potentially 26 weeks of income support and half a year of fully-funded treatment. If the insurer’s first number sits at 61% or higher, the question to ask isn’t whether to push back. It’s how.
The push-back path: internal review with the insurer first (with whatever evidence wasn’t weighed properly the first time), then escalation to SIRA or the Personal Injury Commission if it doesn’t shift. We run that path so you’re not arguing percentages over the phone on your own.
Not sure where your percentage will land?
One phone call and a quick read of the details is enough to tell you what's likely.
Three shared-fault situations always worth the call.
The insurer’s gone straight to 61% or higher.
If the first percentage you hear over the phone is at or above 61%, treat it as a starting position, not a finding. There’s a real difference between being mostly to blame and predominantly to blame, and the scheme treats them very differently. Push-back here can recover months of support.
You admitted fault at the scene but the picture has changed.
Scene admissions are common — you’re in shock, you want to be polite, you assume what you remember is what happened. Once the dashcam comes out, the damage gets photographed, and a witness statement turns up, the picture often shifts. The scene apology shouldn’t be the end of the conversation.
The other driver had a role you’re only just realising.
Brake-checking. Lane-changing into your lane. Running an amber. Speeding well above the limit. Being distracted on a phone. These come up in witness statements and dashcam reviews more often than people expect. If something the other driver did contributed, it shifts the percentage.
The detail questions on shared fault.
Keep reading
At fault — the full picture
The pillar page. Why compensation lawyers turn at-fault calls away and what's actually available.
Read moreStatutory benefits explained
The 52-week framework in detail — what each part covers and how it scales over time.
Read moreInjured, not at fault
If the percentage moves enough that you're clearly the not-at-fault driver, the claim looks different.
Read moreLeave your number — we’ll call you back.
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Shared fault doesn't shut you out. A short conversation is enough to tell you where the percentages are likely to land.
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