Rideshare and Taxi Accident Claims NSW

Booking through an app doesn't change your right to claim for injuries. Every registered vehicle in NSW carries CTP insurance, including vehicles used for rideshare and taxi work. As an injured person, you claim through the CTP insurer of the vehicle at fault.

If you were a passenger

Passengers weren't driving, so they're rarely at fault. If your rideshare or taxi driver caused the crash, the claim generally goes to that vehicle's CTP insurer. If another vehicle caused it, it goes to that vehicle's insurer. Where fault is shared or unclear, a lawyer can help make sure the claim is with the right one.

Save the trip record while you can: the booking receipt, the driver's name and vehicle details from the app, and the pick-up and drop-off points and times. For a taxi, note the cab number, the company and the time.

Which CTP policy applies?

Vehicles that carry paying passengers are expected to be insured for that use. If there's a question about whether a vehicle was correctly insured, that's generally a matter for the insurer, the vehicle's owner and the regulator. It shouldn't stop an injured passenger from claiming.

If you can't work out who the insurer is, SIRA and CTP Assist can help you identify it, or the lawyer you speak with can do it for you.

If you were the driver

Whether workers compensation applies to a rideshare or delivery driver depends on the real working arrangement, not just the label or whether you have an ABN, and the rules for platform workers have been changing. Where it doesn't apply, your injury claim is generally a CTP claim like any other driver's: statutory benefits regardless of fault, and a damages claim if another driver was at fault and your injury is more than a threshold injury.

Some platforms offer their own accident or income cover for drivers. That's separate from CTP and has its own terms. Tell your lawyer about any cover you have, because how the payments interact can matter. Taxi drivers who are employees may be in a different position, and workers compensation may apply first.

What a specialist lawyer typically does

• Identifies the correct CTP insurer, including where more than one vehicle or a platform is involved.
• Lodges the claim on time. To get weekly payments back-paid to the day after the accident, the insurer generally needs your claim within 28 days.
• For drivers, checks whether workers compensation or platform cover affects the CTP claim.
• Checks how irregular income, such as rideshare or gig earnings, is counted for weekly payments, using platform statements and tax records.
• Handles internal reviews and Personal Injury Commission disputes if decisions go against you.
• Prepares a damages claim where one is open, and advises on settlement.

Do you actually need a lawyer?

A passenger with a straightforward claim may not need one. A lawyer is more useful where more than one vehicle or insurer is involved, you were the driver and workers compensation or platform cover may overlap, gig income makes your weekly payments hard to work out, or a damages claim is possible.

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.

Questions to ask a lawyer

• Which vehicle's insurer should my claim go to?
• As a driver, how would platform insurance or workers compensation affect my CTP claim?
• How will my gig or casual income be counted for weekly payments?
• What will it cost, and will you give me a written costs disclosure?

Costs

Our claim check is free, with no obligation. Many motor accident lawyers offer no win, no fee arrangements, which generally means you don't pay professional fees unless the claim succeeds. Terms vary between lawyers, so ask for the costs disclosure in writing.