If you were a passenger in a car accident, you likely assume that compensation is straightforward, you weren’t driving, so someone else must be at fault. But before you file your claim, there are 3 critical rules that could impact your payout, eligibility, and even who you claim against.
Whether you were in an Uber, a friend’s car, or a taxi, understanding your rights is essential if you want to receive what you’re truly entitled to. Here’s what you need to know before making a passenger in car accident compensation claim in Australia.
Rule 1: You Can Claim – Even if the Driver Was a Friend or Family Member
One of the biggest myths is that you can’t (or shouldn’t) claim if the driver is someone you know personally. But here’s the truth: your claim goes through their insurer, not out of their pocket.
As a passenger, you have a legal right to seek compensation, regardless of whether the at-fault driver is your partner, best mate, or parent. This includes:
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Reimbursement for medical expenses
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Lost income or wages
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Pain and suffering
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Ongoing rehabilitation or care costs
Important: You don’t need to prove fault yourself. In most states, passengers are presumed not at fault and are automatically eligible to claim under Compulsory Third Party (CTP) insurance.
Rule 2: Your Claim Value Depends on the Extent of Your Injuries—Not the Crash Severity
It’s not about how dramatic the crash was, it’s about how your body was affected. You could be in a minor accident and still suffer significant injuries that require long-term treatment or time off work.
Your passenger in car accident compensation could be worth thousands (or more), depending on:
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The seriousness and duration of your injuries
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How much income you’ve lost or will lose
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Medical and treatment costs (including future needs)
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Whether you’re left with permanent impairment
What most passengers overlook: You may be entitled to non-economic damages (pain and suffering), especially if your injuries interfere with daily life or work.
Rule 3: Waiting Too Long—or Saying the Wrong Thing—Can Kill Your Claim
Timing and documentation are everything. Many passengers delay seeing a doctor or fail to report injuries early, assuming they’ll recover quickly. Unfortunately, this gives insurers an opening to argue that your injury was unrelated—or exaggerated.
To protect your claim:
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Seek medical attention immediately, even for minor symptoms
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File a police report if one wasn’t made at the scene
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Don’t give written or recorded statements to insurers without legal advice
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Lodge your claim within the legal time limits, which vary by state (typically 6–12 months to notify, and 3 years to formally file)
Bonus tip: Keeping receipts, reports, and even a daily pain journal can significantly boost the credibility of your claim.
If you have been injured in a car accident in Queensland you are eligible to claim compensation, even if you were a passenger.
Under a Compulsory Third Party (CTP) insurance scheme, unlimited liability coverage is available to vehicle owners, drivers and passengers for any injuries caused by traffic accidents. This means that a passenger is in the position to seek compensation from whomever was at fault for their injury and other losses related to the crash and personal injury, regardless of the passenger’s relationship to the at-fault driver.
How do I make a claim for compensation as an injured passenger?
The drivers involved in the accident are responsible for making a report about it to the police, but other parties to the accident including passengers, vehicle owners, pedestrians and cyclists are also able to make a report if required. Ideally, a report will be made to the police within 24 hours of the accident occurring.
A CTP claim can be lodged with the insurer of the at-fault driver after the police report has been made. As part of your claim, you will need to be able to prove that the at-fault driver’s negligence led to your injuries being sustained.
If you were injured in a car accident where the at-fault driver fled the scene, you still have the right to make a claim for compensation and should do so through the Nominal Defendant in Queensland.
How much time after the accident do I have to make a claim?
A claim should be lodged with a CTP insurer within nine months from the date on which the accident occurred, or from the date when the injuries first appeared (if they were not immediately evident after the accident).
For accidents where the at-fault vehicle is either unidentified or unregistered, the time in which you will need to lodge a claim is drastically shorter and must be done within three months of the date of the accident.
Will my claim for compensation burden the driver in any way?
In cases where the passenger has been injured in an accident where the at-fault driver is also their family member or friend, it can cause an uncomfortable situation and the injured party may be hesitant about making a claim for compensation at the risk of inconveniencing a person they are close to.
As CTP claims are made against the insurer and not the driver themselves, the compensation claim will not affect the driver personally, either financially or through involvement in the claims process. The insurer covers the legal costs and compensation and will also undertake its own investigation to determine who was at fault.
How can a personal injury lawyer help me make a claim as a passenger?
Thankfully, most people will not be injured in a traffic accident in their lifetime. But those who are or have been injured in a traffic accident will understand that making a claim for compensation can be a complex and time-consuming process which involves strict deadlines, the collation of important evidence and the preparation of a case – all while trying to heal from the injury endured in the accident. In some cases, motor vehicle accidents can cause severe injuries including the head and/or spine, leaving the victim unable to care for themselves and reliant on others for help. That is why it is prudent to seek the assistance of a personal injury lawyer who can manage the case from end-to-end, communicate with the insurer on behalf of the injured person and ensure that the maximum amount of compensation is secured so the injured party can focus on recuperating.
If you were a passenger in a car accident, speak to a lawyer today at Townsville Compensation Lawyers.