Car Accident Passenger Claim | Passenger Injury Compensation
Key Takeaway: If you were injured as a passenger in a NSW car accident, you can almost always claim compensation, because a passenger is rarely at fault. You claim through the at-fault vehicle’s CTP (green slip) insurer under the Motor Accident Injuries Act 2017, even if a family member or friend was driving. Lodge within 28 days to backdate income support.
Car Accident Passenger Claims: Quick Answers
Withstand Lawyers is the firm injured passengers across NSW turn to for a car accident passenger claim. We focus exclusively on personal injury and compensation law, with extensive experience in CTP and serious injury claims, and a proven record of settlements for people hurt in motor vehicle accidents. You focus on recovering, we handle the claim, on a no win, no fee basis. Withstand Lawyers has been trusted by injured people across NSW since 2014, rated 4.9 stars on Google, with over $47 million recovered at a 99% success rate.
Can a passenger claim compensation after a car accident in NSW?
Yes. A passenger injured in a NSW car accident can almost always claim compensation, because a passenger is rarely responsible for the crash. Your claim runs through the Compulsory Third Party (CTP or green slip) insurer of the vehicle at fault, under the Motor Accident Injuries Act 2017.
It does not matter whether the driver of your car, another driver, a motorcyclist or a truck caused the accident. As a passenger you sit outside the question of fault, which is why passenger claims are among the most straightforward motor accident claims in NSW. For the full picture of how a claim works, see our motor vehicle accident injury claim guide.
Call Withstand Lawyers on 1800 952 898 or request a free claim check to find out what you can claim.
Who can a car accident passenger claim compensation from in NSW?
A passenger claims against the CTP insurer of the vehicle that was at fault, not against a person. Every registered NSW vehicle carries CTP insurance for this reason.
- •The driver of your own car caused it: you claim against that car’s CTP insurer.
- •Another driver caused it: you claim against the other vehicle’s CTP insurer.
- •Both drivers share blame: you can claim, and the insurers sort out their share between them.
- •The vehicle was unidentified or uninsured (a hit-and-run): you claim through the Nominal Defendant scheme, explained below.
The major NSW CTP insurers are NRMA, GIO, AAMI and QBE, all regulated by the State Insurance Regulatory Authority (SIRA).
Can you claim as a passenger if the driver of your car caused the accident?
Yes. If the driver of the car you were travelling in caused the crash, you claim against that vehicle’s CTP insurer, not the driver personally. This is the single biggest worry passengers raise, especially when the driver is a partner, parent or friend.
The compensation is paid by the insurer under the green slip that driver already holds. It does not come out of their savings, and it does not damage your relationship. Making the claim is simply using the insurance the law requires every driver to carry.
What compensation can a car accident passenger claim in NSW?
NSW runs a hybrid CTP scheme with two pathways: no-fault statutory benefits, and a fault-based common law lump sum. As a passenger you can access both, provided your injuries qualify.
| Feature | Statutory benefits | Common law damages (lump sum) |
|---|---|---|
| What it covers | Treatment, care and lost income while you recover | Past and future economic loss, plus pain and suffering |
| Fault required? | No (first 52 weeks, paid to almost everyone) | Yes, you must not be mostly at fault (passengers rarely are) |
| Injury threshold | None to start; threshold injuries stop at 52 weeks | Non-threshold injury; pain and suffering needs more than 10% WPI |
| Payment type | Ongoing weekly payments and expenses | One-off lump sum |
| Cap | Income support based on pre-accident earnings | Non-economic loss capped at $691,000 |
| Can you receive both? | Yes. Statutory benefits support you now; a lump sum resolves the claim later. | |
Income support is paid at 95% of pre-accident weekly earnings for the first 13 weeks, then 85% if you have returned to some work or 80% if you cannot, per SIRA. Treatment and care are covered while your claim is open.
What are threshold and non-threshold injuries for a passenger claim?
A threshold injury (previously called a minor injury) is limited to soft-tissue damage and minor psychological symptoms; everything more serious is non-threshold. The difference decides whether you can pursue a common law lump sum.
Only passengers with a non-threshold injury can claim common law damages, and pain and suffering (non-economic loss) is payable only where whole person impairment is more than 10%, under the Motor Accident Injuries Act 2017. Non-threshold injuries include fractures, spinal and disc damage, nerve damage, brain injury and diagnosed psychological injuries such as PTSD.
How much is a car accident passenger claim worth in NSW?
A passenger claim is worth from around $120,000 for a single fracture with a good recovery to more than $1 million for spinal cord or brain injury. The figure turns on injury severity, your whole person impairment, your income and how clearly the other side is at fault.
| Injury type | WPI % | Payout range | Key factors |
|---|---|---|---|
| Single fracture, good recovery | Under 11% | $120,000 to $300,000 | Return to work, limited ongoing loss |
| Disc or shoulder, reduced work capacity | 11% or more | $400,000 to $700,000 | Ongoing pain, restricted duties |
| Multiple fractures, serious orthopaedic | 11% or more | $600,000 to $1 million+ | Surgery, long recovery, partial capacity |
| Spinal cord or brain injury | 11% or more | $1 million to $2 million+ | Lifelong care, no return to work |
These are guides only, and every claim turns on its own facts. In 2024-25 SIRA recorded 14,789 new CTP claims with total payments of $1.7 billion, an average of $70,106 per claim, though serious passenger injuries settle for far more. See our permanent impairment payout amounts for how your WPI can affect your claim.
Can bus, taxi and rideshare passengers claim car accident compensation?
Yes. Passengers in a bus, taxi, Uber or other rideshare are covered by the same NSW CTP scheme. You claim against the CTP insurer of whichever vehicle was at fault, which may be the vehicle you were in or another one.
Public transport and rideshare operators carry the required insurance, so being a paying passenger does not change your entitlements. The claim process and time limits are the same as for any car passenger.
Can a passenger claim compensation after a hit-and-run or uninsured vehicle?
Yes. If the at-fault vehicle cannot be identified or was uninsured, you claim through the Nominal Defendant, a scheme funded by NSW CTP insurers for exactly this situation.
You must make reasonable enquiries to try to identify the vehicle, such as reporting to police and looking for witnesses or CCTV. Because these claims have strict evidence requirements, get advice early. Our not-at-fault car accident claim guide explains how fault and the Nominal Defendant work together.
What are the time limits for a car accident passenger claim in NSW?
NSW motor accident claims have strict deadlines, and missing an early one can quietly cost you thousands. Lodge as soon as you can.
| Deadline | What you must do |
|---|---|
| 28 days from the accident | Lodge your claim to have income support backdated to the accident date |
| 3 months from the accident | Lodge a Personal Injury Benefits Form for weekly benefits and treatment expenses |
| 6 months from the accident | Lodge an Application for Common Law Damages so your eligibility for a payout can be determined |
| 3 years from the accident | File an Application for General Assessment with your supporting documents in the Personal Injury Commission |
How do you make a car accident passenger claim in NSW?
There are five steps, and a lawyer can handle most of them for you.
1. Report the accident to the Police Assistance Line within 28 days so there is an official record.
2. Get medical attention immediately. Early records are critical evidence that links your injuries to the crash.
3. Lodge your claim. Identify the at-fault vehicle’s CTP insurer via its registration, complete a personal injury claim form and submit it. Lodge within 28 days to backdate income support.
4. Liability decision. Within 9 months of lodging, the insurer must decide fault and whether your injury is threshold or non-threshold. You can seek independent review through the Personal Injury Commission.
5. Negotiate and settle. Your lawyer builds the evidence and negotiates. Most lump sum claims settle in negotiation or mediation without going to court.
Withstand Lawyers offers this on a no win, no fee basis. Call 1800 952 898.
What injuries can a car accident passenger claim compensation for?
You can claim for any injury caused by the accident, from whiplash to catastrophic spinal damage. The more serious and lasting the injury, the larger the potential lump sum.
- •Back and neck injuries, including disc damage
- •Broken bones and fractures
- •Head and brain injuries
- •Spinal cord and catastrophic injuries
- •Psychological injury and PTSD
How long does a car accident passenger claim take to settle?
Straightforward passenger claims usually settle in 12 to 18 months; complex or disputed claims can take 2 to 3 years. Claims that involve surgery or a still-changing prognosis take longer because you should not settle until the full extent of your injury is clear.
You cannot reopen a lump sum once it is settled, so it is worth waiting for the right time rather than under-settling early.
What are examples of car accident passenger claim payouts?
Every claim turns on its own facts and these outcomes are not guarantees, but they show how injury severity drives value for injured passengers.
| Passenger | Injury | Settlement |
|---|---|---|
| Priya, 29, front-seat passenger, T-bone at an intersection | Fractured wrist and herniated disc, returned to work on lighter duties | $410,000 |
| Daniel, 46, passenger in a friend’s car, single-vehicle run-off | Multiple rib fractures and a shoulder reconstruction | $530,000 |
| Emily, 34, rear-seat passenger, hit by an unidentified vehicle | Traumatic brain injury, unable to return to full-time work (Nominal Defendant) | $1,700,000 |
See more real outcomes on our claims won page.
Do you pay anything upfront for a car accident passenger claim?
No. Withstand Lawyers runs passenger claims on a no win, no fee basis, so there are no upfront costs and you only pay if your claim succeeds. This removes the financial risk of getting the legal help you need. Learn more about no win, no fee and how CTP claims are funded.
Car Accident Passenger Claim FAQs
Can a passenger claim compensation against a driver in NSW?
Can you claim if a family member or friend was driving?
What is a non-threshold injury for a passenger claim?
Can I claim compensation if I am injured in a bus or taxi accident?
How much is a passenger injury claim worth?
How long do I have to make a passenger claim in NSW?
Can I claim as a passenger after a hit-and-run?
How much does a passenger injury lawyer cost?
About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.
Why Choose Withstand Lawyers for Your Car Accident Passenger Claim?
When you have been hurt as a passenger, the firm you choose matters. Withstand Lawyers brings decades of combined experience and a proven record of helping seriously injured people across NSW rebuild their lives. Withstand Lawyers is dedicated to car accident passenger claims, combining deep knowledge of the CTP scheme with genuine client care and a relentless focus on the best result for you. A serious injury changes everything, so we help you get back to what matters, whether that is family, work or everyday life. We listen, we support you, and we handle your claim with professionalism and warmth from the first call to settlement. Over $47 million recovered, a 99% success rate, no win, no fee. Call Withstand Lawyers today on 1800 952 898 or request your free claim check.
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