Who is responsible?

Fault

The person who causes an accident is at fault. Sometimes more than one person is at fault.

All drivers have a duty to other road users to take reasonable care. If a person causes an accident because of their negligence, then they are at fault. A person may be negligent if they did not take reasonable care when they were driving. For example, if you fail to keep a safe distance behind a car travelling in front of you, you may be at fault unless there is evidence to prove the other driver caused the accident.

If the other driver is at fault, you can make a claim against them for the damage and losses resulting from the accident, including the cost of repairing or replacing your car.

Sometimes it is not clear which driver is at fault. If you are not sure who is at fault, you should get legal advice.

For more information, see Who is a fault in a car accident?

Owners and drivers

People sometimes drive cars they do not own. 

If a person is at fault in an accident while they are driving a car they don't own, the owner and driver might both be responsible for the accident. 

An owner can be liable if the driver was an 'agent' of the owner. This is sometimes called 'vicariou​s liability'.

A person may be an agent of the owner, if the owner:

• ​​asks the driver to drive their car for the owner's purpose
• has some control over how the driver uses their car.

You should get legal advice if you: 

• ​​​were involved in an accident where the other driver was not the owner of the car and you want to recover the cost of repairs to your vehicle
• were driving​ someone else's car and you caused an accident, as you may not be the only person responsible for paying for the damage to the other car
• lent your car to someone who then caused an accident, as you may be responsible for paying for the damage to the other car (depending on the circumstances).

Driving for work

If you are driving for work and you cause a car accident, you may not be the only one who has to pay for the damage you caused. In some cases you may not have to pay at all. 

In some cases, your employer may not be responsible if you caused a car accident while driving for work purposes. An employer may be responsible if the accident was their employee's fault and the employee was driving for work. This is called 'vicarious liability'.

If your employer says they are not responsible, or if they try to make a claim against you for damage to their car, you should get legal advice.

If you are an employer and your employee caused an accident whilst driving for work or whilst using the work car, you should get legal advice. 

For more information, see Driving for work and car accidents.

Taxis, buses and trucks

If you have had an accident with a taxi, bus or truck, and the accident was not your fault,​ you will need to work out who you are going to claim against. Taxis, buses and trucks are often driven by people who are not the ​owner.

For more information, see Car accidents involving taxis, buses and trucks.

Hire cars

You may be involved in an accident while you are driving a hire car, or the other vehicle involved in the accident could be a hire car. The person who is responsible for any damage will depend on who is at fault and who the driver is.

For more information, see Car accidents involving hire cars.

Cyclists

Accidents sometimes happen between drivers and cyclists.

A bike is considered a vehicle and cyclists must follow the same NSW Road Rules as drivers of other ​vehicles. There are also Road Rules that only apply to cyclists.

If you are involved in a car accident with a cyclist, you have options for recovering money for any damage that may occur.

For more information, see Car accidents involving cyclists.

Accidents involving animals

If you are in an accident with an animal that is being used as transport, you can work out who is responsible in the same way as if you had an accident with a car. People using animals for transport must follow the same Road Rules that cars and other vehicles do.

If an animal causes an accident involving a car or other vehicle, the owner of the animal will usually be responsible if the owner did something that was negligent (that is, failed to take reasonable care).

If you have a car accident with an animal, you may be able to make a claim against the owner of the animal.

For more information, see Car accidents involving animals.