Passenger Injury Claims NSW

A passenger injured in a NSW motor accident claims through the CTP insurer of the vehicle at fault. If the driver of your car caused the crash, that's usually your car's CTP insurer. If another vehicle caused it, it's that vehicle's insurer. Where more than one vehicle is involved, the insurers generally sort out responsibility between them, and a lawyer can help make sure your claim is with the right one.

Passengers are in a strong position on fault because they weren't driving. Most injured people can claim statutory benefits regardless of who was at fault, and a passenger will often also meet the fault requirement for a damages claim.

Claiming when the driver is someone you know

This is a common worry. Your claim isn't against your friend, partner or parent personally. It's made against the CTP insurance on the vehicle, which exists for exactly this situation. The driver generally doesn't pay your compensation.

The driver may be asked for their account of the accident, and a fault finding can affect their own claim. It's fine to talk it through with them, but you don't need their permission to claim.

Issues specific to passenger claims

• Seatbelts: not wearing one can be treated as contributory negligence. Weekly payments after 52 weeks may be reduced, and damages can be reduced too.
• The driver's condition: travelling with a driver you knew was affected by alcohol or drugs can also be raised as contributory negligence.
• Multiple vehicles: when fault is shared between drivers, working out the right insurer can take time. Lodge anyway, and on time.
• Children: children who were 16 or under at the time of the accident can receive treatment and care for as long as they need it, regardless of fault.
• Buses and coaches: bus passengers are covered by the CTP scheme too. Note the route, the time and the bus number.

What a specialist lawyer typically does for passengers

• Identifies which vehicle's insurer the claim should go to, and lodges it on time.
• Checks weekly payments and treatment approvals, especially where injuries are slow to settle.
• Deals with contributory negligence arguments about seatbelts or the driver's condition.
• Challenges a threshold injury decision where the evidence supports a more serious injury.
• Prepares a damages claim for lost earnings and, if your whole person impairment is more than 10%, pain and suffering.
• Explains any settlement offer and negotiates with the insurer on your behalf.

Do you actually need a lawyer?

Often not at first. Passengers are rarely at fault, and if the insurer accepts the claim and your injuries are settling, you may manage it yourself. A lawyer is more useful when the right insurer is unclear, seatbelt or driver-condition arguments come up, your injury is more than a threshold injury, or you receive an offer.

If you need treatment or a Certificate of Fitness first, start with a doctor. We can point you to doctors experienced with CTP claims and allied health such as physiotherapy and psychology.

Questions to ask a lawyer

• Which insurer should my claim be with?
• Could anything about the trip, such as the driver's condition or my seatbelt, affect my claim?
• What happens to the driver if I claim?
• How are your costs worked out, and can I have that in writing?

Costs

Our claim check is free and there's no obligation. Many motor accident lawyers offer no win, no fee arrangements, which generally means no professional fees unless the claim succeeds. Terms vary, so ask for a written costs disclosure and read it before you sign.