If you were a passenger in a vehicle involved in an accident, you were likely the person least responsible for what happened. Yet many passengers do not realise they have exactly the same right to claim compensation as any other injured person.
You do not need to have been driving. You do not need to prove anything about your own conduct. And in most situations, your claim is actually more straightforward than a driver’s claim.
Here is what you need to know.
Passengers Have Full CTP Rights
CTP insurance in NSW covers anyone injured in a motor vehicle accident, including passengers. Whether you were in the front seat, the back seat, a taxi, a rideshare vehicle or a bus, the scheme applies to you.
Passengers are rarely blamed for accidents. That means in most cases, eligibility for the full range of compensation is not in question. The claim goes to the CTP insurer of the at-fault vehicle, not to you or your driver personally.
What matters is that you were injured, that a motor vehicle was involved, and that you lodge your claim within the required time limits.
Which Vehicle’s Insurer Do You Claim Against?
This is the question most passengers ask first, and the answer depends on the circumstances.
In most accidents, the claim is made against the CTP insurer of the vehicle that caused the accident. If another car hit the vehicle you were travelling in, you claim against that car’s insurer. If the driver of your own vehicle was at fault, you claim against your vehicle’s CTP insurer.
In accidents involving multiple vehicles, our team identifies the correct insurer and makes sure the claim is lodged against the right party. Getting this wrong is one of the most common causes of early delays. It is something we handle on your behalf from the start.
It does not matter whether you were in a private car, a taxi, a rideshare vehicle or a bus. Passengers have the right to claim against the CTP insurer of the at-fault vehicle.
What Can You Claim as a Passenger?
As a passenger, you are entitled to the same benefits as any other injured person under the CTP scheme. That includes:
- Weekly income support: 95% of your pre-injury average weekly earnings for the first 13 weeks, then 85% after that, paid while you are unable to work.
- Medical and treatment costs: GP visits, specialist appointments, physiotherapy, surgery, hospital costs, medications and rehabilitation expenses.
- Travel costs: Reasonable expenses to attend treatment appointments.
- Domestic assistance: Help around the home where your injuries affect your ability to manage everyday tasks.
If your injuries are more serious (classified as non-threshold under NSW law), you may also be entitled to apply for a common law damages claim. That covers economic loss (past and future income) and non-economic loss (pain and suffering) as a lump sum payment.
What Are Threshold and Non-Threshold Injuries?
All injuries under the NSW CTP scheme are classified as either threshold or non-threshold. This classification shapes how long your benefits run and whether a lump sum claim is available.
Threshold injuries are soft tissue injuries and psychological injuries that do not meet the criteria for a recognised psychiatric diagnosis. Common examples include whiplash and muscle strains. If your injuries are threshold, statutory benefits are limited in duration.
Non-threshold injuries are more serious: fractures, nerve damage, injuries requiring surgery and diagnosed psychiatric conditions. If you have non-threshold injuries, ongoing benefits continue and a lump sum common law damages claim becomes available.
Insurers do not always classify injuries correctly. If you believe your injuries have been assessed too narrowly, that decision can be challenged.
What If Fault Is Disputed?
As a passenger, fault disputes between the drivers involved do not affect your right to claim. You were not responsible for the accident. The insurers of the vehicles involved deal with the fault question between themselves.
Where fault is genuinely unclear or contested between multiple vehicles, we identify the correct insurer to claim against and manage the dispute on your behalf. You should not be caught in the middle of an argument between insurers while you are trying to recover.
Rideshare and Taxi Passengers
If you were injured as a passenger in an Uber, taxi or other rideshare vehicle, your right to claim is the same as if you were in a private car. The CTP scheme applies regardless of the type of vehicle you were travelling in.
We regularly assist passengers injured in rideshare and family vehicle accidents, including situations where fault is disputed. These claims can involve more complex insurer communications, which is where having a lawyer involved from the beginning makes a real difference.
The Time Limits: Do Not Wait
The same time limits apply to passengers as to any other claimant. To receive weekly income payments backdated to the date of the accident, you must lodge your Application for Personal Injury Benefits within 28 days. You have up to three months to lodge the claim at all, though back payments will only run from the lodgement date if you miss the 28-day window.
Legal proceedings for a common law damages claim must be commenced within three years of the accident.
Act early. The deadlines do not adjust for the time it takes to understand the process.
How Law Works Can Help
At Law Works Compensation Lawyers, Angelica Villar and Nadene Alawie regularly assist passengers injured in all types of motor vehicle accidents, including rideshare incidents, multi-vehicle crashes and situations where the at-fault driver disputes liability.
We manage every step of the process. You deal directly with your lawyer, not support staff. We work on a no win, no fee basis, and your first consultation is free.
| You were not at fault. You deserve the same protection as anyone else. Contact Law Works today for a free consultation. We will explain your entitlements and guide you through every step of the claim. 📞 1800 955 605, Shop 4, 443 Chapel Road, Bankstown NSW 2200 |
Quick Answers
Can I claim if the driver of my vehicle caused the accident?
Yes. If the driver of the vehicle you were in was at fault, you claim against that vehicle’s CTP insurer. Your right to compensation as a passenger is not affected by the driver’s fault.
What if there were multiple vehicles involved?
Our team identifies the correct insurer to claim against and manages the dispute process on your behalf. You do not need to resolve the question of fault yourself before lodging your claim.
How long do I have to lodge my claim?
You have up to three months to lodge your Application for Personal Injury Benefits. To receive weekly payments backdated to the accident date, lodge within 28 days. The sooner you act, the more of your entitlements you protect.