I am trying to figure out who’s at fault

**Note: The Insurance Law Service is unable to give advice about whether you are at fault or not**

Fault will be determined by a court if the parties to an accident cannot agree or there is conflicting evidence and versions of events. If the parties cannot agree on fault, then it is open for either party to commence legal proceedings, you would then need to file a defence to a claim against you or prove the claim against the other party.

Depending on the amount of the claim and what jurisdiction you are this can lead to court costs. Get legal advice from a private solicitor in Your state before commencing legal action.

To find a private solicitor, go to your state’s Law Society web page:

• ACT Law Society
• NSW Law Society
• Law Society Northern Territory
• Queensland Law Society
• Law Society of South Australia
• Law Society of Tasmania
• Law Institute of Victoria
• Law Society of Western Australia

If you have limited means, contact your State’s Legal Aid or local Community Legal Centre for advice. For contact details and links to these organisations go to the Getting Help Fact Sheet.