When is a finding of 100% contributory negligence justified in a single vehicle accident?

In Brief

• In single vehicle accidents, a driver's contributory negligence is measured by the extent they departed from the standard of care required of them to protect their own safety.
• A driver will only be found to be 100% responsible for the accident, and therefore wholly at fault, where their departure from the required standard of care is in the worst possible category.

Facts

The Personal Injury Commission (PIC) published its decision in CMB v QBE Insurance (Australia) Limited [2025] NSWPIC 420 on 29 August 2025.

The Claimant was injured in a motor accident on 23 August 2022. QBE denied liability for ongoing statutory benefits, beyond 52 weeks, because they determined that the Claimant was wholly at fault for his accident.