Can I make a claim being an injured passenger in a car accident

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.

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.

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.

    Recent Articles

    Compensation for lost earnings after a permanent disability

    If you suffer a personal injury, such as a car accident or an accident at work, you may be eligible to claim compensation to cover lost earnings while you recover. But if you suffer a more serious physical or mental illness or injury, you may never fully recover or...

    Factors that affect the value of your car accident claim

    In Queensland, every car registration comes with CTP insurance. This protects you if you’re injured in a motor vehicle accident caused by someone else – whether you’re a driver, passenger, scooter rider or even pedestrian. If your relative or dependant has died in...

    Why Settle A Personal Injury Claim Rather Than Go To Court?

    In Australia, most personal injury claimed are settled without the need for a court. The legislation even encourages this, by requiring parties to attend a ‘compulsory conference’ to try to agree on a settlement before starting court proceedings. Is this the best...

    Do You Get Sick & Annual Leave On Workers Compensation

    In Australia, all workers except casuals accrue 4 weeks of paid annual leave each year, as well as other benefits like sick leave. This leave accumulates based on your ordinary hours of work. But what happens to your leave if you suffer a work-related injury and...

    Top Causes Of Medical Negligence

    All medical professionals must treat every patient with skill and care. In Australia, we’re lucky to have doctors, dentists, nurses and other health professionals who bring a wealth of skill and care to their job. But sometimes medical treatment doesn’t meet the...

    No-fault Accident Compensation Schemes

    If you suffer a catastrophic injury in Queensland, your life will change forever. So it’s good to know there is a no-fault accident compensation scheme that can provide funding for the services and support you need – perhaps even for the rest of your life. Find out...

    Am I Covered If I’m Injured on a footpath in Queensland

    Every day, people in Queensland suffer an injury while they’re using public footpaths. Many injuries are simple cuts and bruises, but others are more serious – broken bones, or even brain or spinal injuries. It’s important to know whether you can make a...

    Will I lose my job if I claim workers compensation?

    If you’ve suffered a work-related injury or illness, you probably want to recover and get back to normal as quickly as possible. Getting back to work is an important part of getting your life back on track. Research shows that returning to work can help speed up...

    Whose Insurance Pays In A Car Accident

    Most people purchase insurance for their vehicle and then don’t think about it again – until they’re involved in a car accident. If the worst happens, it’s important to understand your insurance, including whose insurance pays in a car accident and what happens...