Not sure who is at fault?
Short answer
What if I am not sure who was at fault?
Uncertainty is normal and it is not a problem you have to solve at the roadside. Record the facts accurately, avoid admitting or assigning blame, and let the insurers assess it. Your photographs, the physical damage pattern and any independent witness usually decide a disputed accident.
You do not have to work it out yourself
People often feel they must declare a position immediately. You do not. What you owe your insurer is an accurate account of what you saw and did — not a legal conclusion about who breached which road rule.
Saying "I am not sure" is a legitimate and honest answer. It is far better than guessing wrongly in either direction.
What actually decides a disputed accident
- The physical damage pattern — where each vehicle was struck, and at what angle.
- Photographs of final positions, before the vehicles were moved.
- Independent witnesses with no connection to either driver.
- Dashcam or nearby CCTV footage.
- The road environment — signals, signage, give-way rules, lane markings.
- Consistency: an account that does not change is worth more than a confident one that does.
Shared and partial fault
Fault is not always all-or-nothing. Insurers can apportion responsibility between drivers where both contributed, which affects how costs are shared. This is one of several reasons not to make an early admission — a situation that looks entirely your fault at the scene may not be.
What to do now
- Write your account down today, before it blurs.
- Gather every photo, and check whether your car or anyone else's had a dashcam running.
- Contact any witness while they still remember it.
- Report to your insurer and describe it factually, including what you are unsure about.
- Ask your insurer to explain how they will assess it and roughly how long that takes.
Common questions
Will saying I am unsure hurt my claim?
No. Insurers expect uncertainty and assess on evidence. What damages a claim is an account that shifts over time, or a detail that turns out to be wrong.
What if the insurers disagree with each other?
They negotiate, and where that fails the matter can go to a dispute resolution process. If you are unhappy with how your own insurer has handled it, AFCA provides free external dispute resolution for consumers.
Sources
Crash Guide checks state rules against primary government and regulator sources. If something below has changed, tell us and we will correct it.
- Australian Financial Complaints Authority — AFCAChecked 10 September 2026
- General Insurance Code of Practice — Insurance Council of AustraliaChecked 10 September 2026