Last updated · General information, not legal advice
Overview
Passengers are one of the most straightforward claimant types under the NSW CTP scheme, because fault almost never sits with you. Whether you were in a friend's car, a family member's car, or a stranger's, you can generally claim against the CTP insurer of whichever vehicle caused the accident — even if that vehicle was being driven by someone you know. Many people are reluctant to claim because they don't want to "make trouble" for the driver; it's worth knowing the claim is against the insurer, not the driver personally, and that CTP insurance exists precisely for this.
Typical injuries & claim issues
- Whiplash and neck injuries, particularly for rear or side-seat passengers
- Head and facial injuries where there was no direct control over bracing for impact
- Fractures from side-impact or rollover collisions
- Psychological injuries, including anxiety about being a passenger again
- Injuries made worse by not wearing a seatbelt, which can affect the value of a damages claim
Free claim check
Not sure what you can claim?
How we help
A free claim check helps you understand where you may stand, without any pressure to "make trouble" for the driver — your claim is against an insurer, not a person. We'll look at who was involved, whether more than one insurer might be liable, and what the insurer has said so far. Where a lawyer would genuinely add value — multiple vehicles, a dispute about fault between drivers, or a serious injury — we'll connect you with an independent specialist. It costs nothing and there's no obligation. Alongside that, getting the right treatment — a doctor familiar with CTP claims, and physio or other allied health where relevant — matters just as much as the legal side, and we can point you toward doctors and allied health for CTP claims.
CTP eligibility
As a passenger, you're rarely found to have contributed to the accident, so you generally have full access to statutory benefits and, if your injury is more than a threshold injury (previously called a "minor injury"), common law damages — a lump sum that can include compensation for pain and suffering (if your whole person impairment is more than 10%) and past and future loss of earnings. If more than one vehicle was involved, your claim may need to identify which insurer is liable, which is a common source of delay. Fault can still be raised against a passenger in some situations, such as not wearing a seatbelt or travelling with a driver you knew was affected by alcohol or drugs, which can reduce damages.
This is general information, not legal advice. Rules depend on your accident date, injury and circumstances, and they change — check the current scheme rules with SIRA and get advice about your own situation.
Key points
- Passengers are rarely found at fault, so most benefits and damages options stay open
- Your claim is against the CTP insurer, not the driver personally — it isn't paid out of the driver's pocket
- If two or more vehicles were involved, working out which insurer is liable can take time
- Not wearing a seatbelt can reduce a damages payout through contributory negligence
- A free claim check costs nothing and doesn't commit you to anything
