Injured as a Passenger in a Car Accident in Queensland
A passenger is almost never at fault, which makes a passenger one of the most straightforward CTP claimants in Queensland. You claim against the CTP insurer of whichever vehicle’s driver caused the accident, and that can be the car you were sitting in.
The reason passenger claims go unmade is rarely legal. It is that the driver is a partner, a parent, a friend or a workmate, and nobody wants to sue them. Understanding where the money actually comes from usually resolves that.
A Queensland CTP claim is made against the vehicle’s compulsory third party insurer, not against the driver personally. The insurer investigates, funds treatment and pays the compensation. Every registered Queensland vehicle carries that cover because CTP is attached to registration. The driver does not pay out of pocket and their household is not left carrying your claim.
Key takeaways
- Passengers can claim against the CTP insurer of the at-fault vehicle, including the vehicle they were travelling in.
- The claim is against the insurer, not against the driver’s own money.
- Where two vehicles are both partly to blame, a passenger can claim in respect of both, and the insurers sort out apportionment between themselves.
- In a single-vehicle accident the passenger claims against the driver’s CTP insurer, provided the driver was at fault.
- Not wearing a seatbelt does not end the claim; Queensland law provides for a minimum reduction in compensation.
- The usual claim deadlines apply: generally nine months from the accident or from when symptoms appeared, or one month from first instructing a lawyer, whichever comes first.
Who you claim against as a passenger
| How the accident happened | Whose CTP insurer you claim against |
|---|---|
| Another vehicle caused the crash | The CTP insurer of that other vehicle. |
| The driver you were travelling with caused the crash | The CTP insurer of the vehicle you were in. |
| Both drivers were partly to blame | Both CTP insurers. Apportionment between them is their problem, not yours. |
| Single vehicle accident and the driver was at fault | The CTP insurer of the vehicle you were in. |
| The at-fault vehicle drove off or was unregistered | The Nominal Defendant. Shorter deadlines apply, and for an unidentified vehicle the claim form is due within three months. |
| You were a passenger in a bus, taxi or rideshare | The CTP insurer of the at-fault vehicle. See our pages for bus accidents, public transport and Uber and rideshare. |
Claiming when the driver is family or a friend
This is the question we are asked most often by injured passengers, and it is worth answering directly. Making a claim does not mean suing your partner, your parent or your mate for their savings. It means notifying the CTP insurer that covers the vehicle, which exists for exactly this purpose and is funded by the registration everyone pays.
Practically, the driver’s involvement is limited to giving their account of the accident to the insurer. Their premium is set by the CTP scheme, not by a claims history in the way comprehensive insurance is. In our experience the awkwardness people fear is far smaller than the cost of an untreated injury and lost income they carry alone.
What passengers can claim
- Insurer-funded reasonable and appropriate medical treatment and rehabilitation, including physiotherapy and specialist care.
- Past loss of income, and an assessment of future loss of earning capacity where the injury affects the work you can do.
- General damages for pain, suffering and loss of enjoyment of life, where the injury is serious enough to qualify. The amount is calculated under the statutory Injury Scale Value system.
- Care and assistance you have needed at home while recovering.
- Legal costs and disbursements under the scheme rules.
Our guide to CTP payout amounts in Queensland explains how compensation is worked out, and car accident compensation covers the categories in more detail.
The injuries passengers most commonly present with
Front and rear seat passengers are exposed differently to drivers. They have no warning, no steering wheel to brace against and no control over the impact. The injuries we see repeatedly:
- Whiplash and neck injuries, frequently in low-speed impacts where the car looks barely damaged.
- Soft tissue injuries to the shoulder and back that present days after the accident.
- Spinal injuries and head and brain injuries in higher-speed collisions.
- Knee injuries from contact with the dashboard, and fractures from seatbelt and airbag loading.
- Psychological injury, which is compensable in its own right and is commonly overlooked by passengers who were not physically the worst hurt.
See a doctor even if you feel able to walk away. The CTP insurance medical certificate that starts the claim requires a physical examination, and an early medical record is worth far more than a late one.
What reduces a passenger’s claim
A passenger is rarely at fault for the collision, but a claim can still be reduced for contributory negligence in a small number of situations. Queensland law provides for minimum reductions where the injured person was not wearing a seatbelt as required, and where a passenger relied on the care and skill of a driver they knew or ought to have known was intoxicated.
Neither of these ends a claim. They reduce it. If either applies to you, that is a reason to get advice rather than to stay quiet, because the size of the reduction is contestable and the insurer’s opening position is a negotiating one. Our page on being partly at fault covers how these reductions work.
What to do now
- Make sure the accident is reported to police and get the QP number. As a passenger you may need to confirm this was done rather than assume it.
- See a doctor and ask for a CTP insurance medical certificate.
- Note the registration numbers of every vehicle involved, and the details of the driver you were travelling with.
- Lodge the Notice of Accident Claim Form with the right insurer, within time. The full sequence is in our CTP claim process guide.
- Get advice before accepting an early offer, particularly if the injury has not stabilised.
Speak to a Queensland CTP lawyer
WT Compensation Lawyers act for injured passengers across Queensland, with car accident lawyers in Brisbane, the Gold Coast and Cairns. Far North Queensland claims are handled locally by our Cairns compensation lawyers.
We act on a no win, no fee basis. Contact us and we will tell you whose insurer to claim against and what your deadline is.
Passenger injury claim FAQs
Yes. A passenger injured because of a driver’s fault can claim against that vehicle’s CTP insurer. This includes the vehicle the passenger was travelling in, if its driver caused the accident.
No. The claim is made against the vehicle’s compulsory third party insurer, which is attached to the vehicle’s registration. The insurer investigates and pays the compensation, not the driver personally.
As a passenger you can claim in respect of both at-fault vehicles. The insurers work out how responsibility is apportioned between themselves.
Yes. Queensland law provides for a minimum reduction in compensation where an injured person was not wearing a seatbelt as required, but the claim itself remains available.
You may claim against the Nominal Defendant. Where the at-fault vehicle cannot be identified, the claim form must be lodged within three months of the accident, and you must make a genuine attempt to identify the vehicle first.
The usual Queensland timeframes apply: the earlier of nine months from the accident (or from when symptoms first appeared), or one month from your first meeting with a lawyer engaged to run the claim.
Contact us
WT Compensation Lawyers
Address: Level 6, 10 Eagle Street, Brisbane QLD 4000
Phone: (07) 3924 9544
Email: info@wtlaw.com.au
Hours: Monday to Friday, 8:30 a.m. to 5:00 p.m.
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