Last updated · General information, not legal advice
Overview
One of the most common reasons people don't pursue a CTP claim they're entitled to is that the driver was a friend, partner, or family member, and claiming feels like turning on them. It's worth understanding clearly: a CTP claim is made against the vehicle's Green Slip insurer, not against the driver personally, and the benefits are paid by the insurer, not out of the driver's pocket. CTP insurance exists specifically so that passengers — including passengers who know the driver well — aren't left to cover their own treatment costs and lost income.
Key points
- A CTP claim is against the insurer, not the driver personally
- Benefits are paid by the CTP insurer, not out of the driver's own pocket
- Passengers are rarely found at fault, keeping most entitlements open
- This applies the same way whether the driver is a stranger or someone you know well
- A free claim check costs nothing and doesn't commit you to anything
Your situation
Work out where you stand
How we help
We understand the hesitation, and a free claim check is a low-pressure way to find out what's actually available to you without committing to anything. If it turns out a lawyer would help — particularly if there's any dispute about what happened — we'll connect you with an independent specialist. Nothing about this process requires you to blame or pursue your friend or family member personally. None of this changes what matters for your recovery — a doctor experienced with CTP claims, and physio or other allied health if your injuries need it. See doctors and allied health for CTP claims for help finding providers.
What this means
As a passenger, you were very unlikely to have caused the accident yourself, so you generally have access to the full range of statutory benefits and, for a non-threshold injury, common law damages, regardless of your relationship with the driver. If your driver was at fault, the claim proceeds against their Green Slip insurer in the ordinary way; if another vehicle was at fault instead, your claim would generally run against that vehicle's insurer. Fault can occasionally be raised against a passenger — for example, not wearing a seatbelt, or travelling with a driver you knew was affected by alcohol or drugs — which can reduce damages. Either way, your friend or family member isn't personally paying your benefits.
This is general information, not legal advice. Rules depend on your accident date and circumstances, and they change — check the current scheme rules with SIRA and get advice about your own situation.
