Who is at fault in a car accident in Australia is determined by who breached road rules and caused the accident, based on police report, witness statements, dashcam and insurer assessment. Australia uses fault-based system for property damage. Common fault determinations include rear-end collisions, where driver who hits car from behind is almost always at fault for failing to keep safe distance, unless front car reversed. At intersections, driver who fails to give way, runs red light or stop sign is at fault. When changing lanes or merging, driver who moves into other lane without checking blind spot is at fault. For roundabouts, driver who enters without giving way to right is at fault. For parking accidents, driver reversing is usually at fault. Police may issue infringement notices for offences like negligent driving, speeding or not giving way, which helps determine fault. Insurers assess fault based on Road Rules in each state, such as NSW Road Rules 2014, VIC Road Safety Road Rules, and apply 100% fault to one driver, or shared fault 50/50 or 70/30 if both contributed. For example, if you were speeding and other driver failed to give way, fault may be shared. For personal injury under CTP, many states have no-fault or partial no-fault schemes, for example in NSW and VIC, injured people can claim personal injury benefits regardless of fault up to certain limits, but for property damage fault matters. If fault cannot be agreed, insurers may go to dispute resolution or court.
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