Posted on December 14, 2025
In South Australia, drivers who are found at fault can sometimes still make a car accident claim, depending on how responsibility is shared and assessed by insurers or the courts. This article explains how liability is determined, what contributory negligence means, and how settlements may be reduced when responsibility is shared.
A car accident can have lasting effects that reach far beyond the day it happens. Fault and compensation are rarely straightforward, even outside South Australia. According to the CTP Regulator’s 2023–24 Annual Report, almost 65% of claims involve minor injuries, while only a small percentage relate to serious cases. This data shows that even low-speed impacts can have long-term consequences, from ongoing medical treatment to lost income.
This guide outlines what happens if you’re found at fault, or partly at fault, and how to approach a car accident claim with the right legal advice.
Understanding Fault in South Australian Car Accidents
Fault in South Australia isn’t decided by guesswork. Police reports, insurer investigations, and sometimes the courts are all involved in determining who caused the motor vehicle accident. The CTP scheme, overseen by the CTP Regulator, covers injuries when someone else is at fault. But if you were the one who caused the crash, you usually can’t claim for your own injuries under that scheme.
That said, accidents are rarely black and white. Often, both drivers share the blame. Maybe one driver was speeding while the other failed to check an intersection properly. When that happens, fault is split based on how much each person contributed to the crash.
Can You Still Claim if You Were at Fault?
If you were completely at fault, you generally can’t access CTP benefits for your own injuries. But if the fault was shared, you might still get some compensation, just not the full amount.
Investigators and courts look at police statements, witness accounts, and CCTV footage to work out who was to blame and by how much.
You might also have other forms of cover that don’t depend on fault. That could include private accident insurance, superannuation benefits, or income protection. These can make a big difference if you’re off work or facing long-term treatment costs.
What Is Contributory Negligence?
In simple terms, contributory negligence means your own behaviour added to the harm you suffered. It doesn’t have to mean you caused the crash, only that your actions played a part in the outcome.
Think of situations like:
- Not wearing your seatbelt
- Using your phone while driving
- Going too fast for the road or the weather conditions
If a court finds that your own actions made your injuries worse, the amount you receive can be reduced by the same percentage. For instance, if you’re considered 30% responsible because you weren’t wearing a seatbelt, your compensation will drop by 30%. According to the Law Handbook of South Australia, this doesn’t stop you from making a claim; it just adjusts the final amount so it reflects fairness between all parties.
Insurance Fault vs Court Fault
After an accident, the insurer makes the first call on who was at fault. They use police reports, photos, and statements to decide. That decision affects which policy covers the damage and who can claim for injuries.
If you think the insurer got it wrong, you can challenge it. If the issue still isn’t resolved, a court can review the evidence and make the final decision. Courts look closely at how each person acted and apply negligence law to determine the outcome.
Getting advice from experienced lawyers for compensation early can help you avoid underpaid or denied claims. A lawyer can build your case, question insurer decisions, and make sure the fault is fairly assessed.
What Compensation Might Still Be Available?
Even when you were partly at fault, you may still be eligible for:
- Coverage under your CTP policy if the other driver was uninsured
- Private health or accident insurance benefits
- Superannuation insurance, including income protection or Total and Permanent Disability (TPD) payments
An experienced compensation lawyer can help you review all your cover options so nothing is missed.
How PMN Personal Injury Lawyers Can Help
At PMN Personal Injury Lawyers, we’ve worked with many South Australians dealing with shared or disputed fault after car accidents. We understand how insurers interpret fault and how local courts apply negligence law. Our team can:
- Analyse your case and explain how fault percentages affect compensation
- Challenge insurer assessments that don’t match the facts
- Challenge insurer assessments that don’t match the facts
- Represent you in court if your case needs to go further
We focus on clear, practical advice that helps you move forward with confidence.
Need Legal Advice?
If you’ve been in a car accident in South Australia and aren’t sure what your fault status means, reach out to PMN Personal Injury Lawyers. Our local team can review your case and explain your rights clearly under South Australia’s CTP scheme.
CTP Compensation FAQs
No. You can’t claim through CTP if you were entirely responsible, but other insurance or superannuation options may still help.
You can dispute the finding. PMN can help you collect evidence and challenge the decision.