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If you have been injured in a car accident as a passenger due to someone else’s negligence, you are entitled to claim compensation for your injuries – even if you were in the car that was at fault.

You can make a car accident claim whether you were in a car, truck, motorcycle, taxi, Uber or other registered vehicles. As a passenger, you are covered by the negligible driver’s Compulsory Third Party (CTP) insurance in Queensland or CTP Green Slip cover in New South Wales.

passenger claim against driver

Who is liable for damages?

The CTP insurance scheme gives vehicle owners, drivers and passengers unlimited liability coverage for personal injury caused by vehicle accidents.

As a passenger, you can make a claim against the insurer of the driver who is at fault. This might be the vehicle you were travelling in or another vehicle (or both, depending on the accident). You would need to prove that the at-fault driver caused your injuries through negligence.

If you can’t identify the at-fault driver (such as in a hit-and-run accident) or they won’t provide you with their details, you can still make a claim through the Nominal Defendant, a statutory body that compensates people injured by unidentified or uninsured drivers.

When the at-fault driver is a loved one

If you were travelling in a vehicle driven by a loved one, and they were responsible for the accident, you might be hesitant to make a car accident claim.

But be aware that you’re bringing the claim against the driver’s insurer, not the driver personally. The driver will not have to go to court or suffer financially from your claim. Their CTP insurance will cover the claim process, legal costs and any compensation you receive.

So you should not hesitate to make a claim, especially if your injuries are serious or preventing you earning an income.

How much compensation you’re entitled to

The insurer will calculate your compensation based on many factors, including:

  • the extent of your injuries
  • your age
  • loss of current and future income
  • expenses incurred due to the accident
  • any domestic assistance you will need to recover.

At Main Lawyers, we will work hard to ensure you get every cent you’re entitled to.

passenger claim against driver

What to do after the car accident

To make sure the claim process goes as smoothly as possible, make sure you or the driver of your vehicle follows these steps after the accident:

  1. Get help for anyone with injuries immediately.
  2. Obtain the registration and personal details of everyone involved in the accident if possible.
  3. Report the accident to the police within 24 hours.
  4. Contact a passenger accident lawyer like Main Lawyers who will explain the claim process and get things underway quickly.

Strict time limits apply, especially if the at-fault driver can’t be identified or is uninsured. You may have only a few months to make a claim. Check one of our other articles for more on the Process for Claiming Compensation after a Motor Vehicle Accident.

    Need help with your car accident claim?

    Even if your vehicle accident seems simple, it may not be. You might not be able to prove that your injuries were caused by the accident. Or the at-fault driver might be difficult to identify. For this reason, you need an experienced car accident lawyer on your side.

    At Main Lawyers, our passenger accident lawyers will work to get you everything you’re entitled to as quickly as possible. If you are unable to travel, we can come to you at the hospital or at home for a no-obligation discussion about your situation.

    Contact us today to find out how we can assist you with your passenger claim against driver.


    Passenger in a car accident