Written by: Rita Furfaro Passenger injury claims allow people injured in a car accident to pursue compensation regardless of which driver was at fault. In most cases, claims are made through the Compulsory Third Party (CTP) insurance scheme attached to the at-fault vehicle.
In this guide, we’ll walk you through the steps to take if you are a passenger injured in a car accident. From understanding who is liable to what compensation you may be entitled to, and how the claims process works.
Can you make a passenger injury claim?
Yes. If you were injured as a passenger in a car accident, you can generally claim compensation regardless of which driver was at fault.
Passenger injury claims in Australia are made through the Compulsory Third Party (CTP) insurance scheme attached to the at-fault vehicle. CTP insurance covers people injured in motor vehicle accidents, including passengers. This means your claim is made against the insurer, not the individual driver.
Passengers can generally claim compensation for:
- Medical expenses
- Lost income during recovery
- Pain and suffering
- Rehabilitation and treatment costs
- Future care and support needs.
Each claim is assessed individually. The compensation available will depend on the circumstances of the accident and the nature of the injuries involved.
Who is liable when a passenger is injured?
Liability for a passenger injury claim falls on the driver who caused the accident. As a passenger, you are not considered responsible for the collision, which means you can generally claim compensation against the at-fault driver’s CTP insurer.
In some accidents, more than one driver may share responsibility. Where this happens, a passenger can still claim compensation. The claim may be made against both drivers’ CTP insurers, depending on how fault is divided between them.
What if the driver is a friend or family member?
Many passengers are reluctant to make a claim if the driver is someone they know. It is important to understand that a passenger injury claim is made against the driver’s CTP insurer, not the individual. Making a claim does not mean taking legal action against your friend or family member personally, and it does not affect their personal finances.
Can a passenger be partly at fault?
In most cases, passengers are not considered at fault for a car accident. However, there are situations where a passenger’s own actions may have contributed to their injuries.
Common examples include:
- Not wearing a seatbelt
- Distracting the driver
- Encouraging the driver to speed or drive dangerously.
Where this applies, the compensation you receive may be reduced to reflect your share of responsibility. This is known as contributory negligence. For example, a passenger who was not wearing a seatbelt and experienced a serious neck injury may receive less compensation to reflect their contribution to the cause of the injury. However, even where a reduction applies, passengers with serious injuries can still receive substantial compensation.
Can you make a passenger injury claim on a bus?
Passenger injury claims are not limited to private cars. If you were injured as a passenger on a bus, train, or other public transport, you may also be entitled to compensation.
In a past case, our client, a passenger, sustained neck, back, and knee injuries after a bus braked suddenly. Her injuries were assessed at less than 10% whole person impairment, below the threshold typically required for pain and suffering compensation. Despite this, her claim was assessed at $549,000, reflecting the ongoing impact on her ability to work and return to her pre-accident duties.
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How much compensation can you get as a passenger?
If you were injured as a passenger in a car accident, you may be entitled to compensation for the full impact of your injuries. GMP Law has settled passenger injury claims at $590,000 for a passenger with spinal and leg injuries, and $549,000 for a passenger injured on a Sydney bus. Each case is assessed individually, and outcomes depend on the specific circumstances and injuries involved.
The amount available depends on the severity of the injury, the treatment required, the impact on your ability to work, and the long-term effects on your daily life.
Compensation for a passenger injury claim can include:
- Medical and hospital expenses
- Lost income during recovery
- Rehabilitation and treatment costs
- Reduced future earning capacity
- Future care and support needs
- Pain and suffering.
Case summary
Our client, who was travelling in the front passenger seat, was seriously injured when the driver lost control of the vehicle and collided with a tree. She sustained a spinal fracture, leg injuries, scarring, and whiplash. The medical evidence confirmed her injuries would affect her ability to work long-term, with an early retirement at 50 considered likely. The insurer initially disputed the extent of her injuries, but GMP Law challenged this assessment and secured a concession on whole person impairment. The claim settled for $590,000.
As with all personal injury claims, outcomes depend on the specific circumstances of the accident and the severity of the injuries involved.
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What should you do after a car accident as a passenger?
The steps you take after a car accident can affect both your recovery and your ability to make a claim. Acting quickly helps preserve evidence that may later be needed to support a compensation claim.
Here's what to do after a car accident as a passenger:
- Seek medical attention as soon as possible. Even if your injuries initially appear minor, some injuries, including soft tissue damage and psychological effects, are not always immediately apparent and can worsen without early treatment.
- Report the accident to the police if required. A police report creates an official record of the incident that may be needed to support your claim.
- Photograph the vehicles, damage, and the surrounding area.
- Get the names, contact details, and registration numbers of both drivers. If there were witnesses, collect their details too.
- If you are injured and unable to gather evidence yourself, ask someone present to help or request the police report later. You do not need to have documented everything at the scene to make a claim.
- Keep records of all medical treatment, expenses, and time away from work. This includes receipts, invoices, and any correspondence with your employer about missed work.
- Seek legal advice to understand whether you may be entitled to compensation.
Evidence gathered shortly after an accident can be critical when determining how the incident occurred and who may be responsible.
How do you make a passenger injury claim?
Once you have sought medical attention, the next step is lodging a claim. Knowing what to expect can help you take the right steps from the outset and protect your ability to pursue compensation.
Here's how the passenger claims process generally works:
1. Seek legal advice | Before taking any other steps, speak with an experienced personal injury lawyer who can assess whether your circumstances are likely to support a claim and identify the correct CTP insurer. |
2. Lodge a claim with the CTP insurer | Your lawyer can submit the correct claim forms on your behalf. Strict time limits apply. In Queensland, for example, a Notice of Accident Claim Form must generally be lodged within nine months of the accident, or within one month of first instructing a lawyer. |
3. Collect medical evidence | Once your injuries have stabilised, medical specialists will assess the nature and extent of your injuries, any permanent impairment, and the impact on your ability to work. |
4. Gather financial evidence | Payslips, tax returns, and employment records are used to calculate lost income and any reduction in future earning capacity. |
5. Negotiate a settlement | Most claims resolve through negotiation with the insurer once liability and losses have been assessed. Your lawyer will present the evidence and negotiate a settlement that reflects the full extent of your injuries and financial impact. |
6. Court proceedings, if necessary | If the matter cannot be resolved through negotiation, it may proceed to an assessor or court. Most passenger injury claims settle before reaching this stage. |
Lawyer insight
The most common mistake passengers make after a car accident is waiting too long to seek legal advice. Time limits for passenger injury claims vary by state and can be strict. The evidence needed to support a claim is also easiest to gather in the days and weeks immediately after the accident. If you are unsure whether you have a claim, the best step is to seek advice early.
How long do you have to make a passenger injury claim?
Time limits for passenger injury claims vary by state and territory. Strict time limits apply, and missing a deadline can affect your right to claim, so it is important to seek legal advice as early as possible.
In Victoria, claims are made through the Transport Accident Commission (TAC) rather than a private CTP insurer. In New South Wales, CTP insurance is known as a Green Slip, and claims are managed through the State Insurance Regulatory Authority (SIRA).
| State/Territory | Time limit to lodge a claim |
|---|---|
| NSW | 28 days to claim backdated lost wages; three months as the final lodgement deadline |
| VIC | 12 months from the date of the accident or when the injury became apparent. |
| QLD | Nine months from the date of the accident, or one month from first consulting a lawyer |
| SA | As soon as possible, generally within six months |
| WA | Three years from the date of the accident |
| ACT | 13 weeks from the date of the accident, with up to two years if a valid reason exists for the delay |
| TAS | 12 months from the date of the accident |
| NT | Six months recommended; up to three years |
If you have been injured as a passenger in a car accident, seeking medical attention and legal advice early helps protect your ability to pursue compensation.
