Passenger claims are their own thing
A lot of injured passengers assume the claim is "the driver's problem" — that they have to chase the driver personally, or that they can't do anything until the driver does. None of that is right.
Under NSW CTP (Motor Accident Injuries Act 2017), every passenger has their own claim if they're injured. The claim runs against the green slip insurer of the car you were in — that's the insurance policy attached to the vehicle's registration. Nothing comes out of the driver's pocket. They don't have to sign anything for you to make it. Your claim is yours.
Why fault doesn't matter much
For statutory benefits — the weekly income, the medical, the rehab — fault is mostly irrelevant for passengers. You get them either way, for up to 52 weeks. That's a no-fault entitlement built into NSW law specifically so injured passengers aren't dragged into the driver-vs-driver argument.
For damages — the lump sum at the end for serious injuries — there does need to be fault on someone. As a passenger, that's normally either the driver of your car, the other driver, or both. Either way, you're not the one at fault, so you're not blocked. We sort the apportionment between insurers behind the scenes.
What if the driver was a friend or family member
This is the single most common reason injured passengers don't make a claim. They don't want to "sue" their friend, partner, parent, or sibling.
It's a misunderstanding. The claim is against the green slip insurance policy on the vehicle, not against the driver personally. The driver doesn't pay anything. They don't lose anything beyond what the insurer would've adjusted on their next year's premium anyway — and that's for the at-fault classification, not for your claim. Your medical bills don't come out of their savings. Their premium isn't affected by you specifically.
People make passenger claims against family members and spouses constantly. It's baked into how the scheme works. Don't let it stop you.
What if the driver had no insurance
If the vehicle had no current CTP green slip (or wasn't registered at all), the Nominal Defendant scheme picks up the claim. Same outcome for you — the claim still runs, you still get statutory benefits, and any damages still get paid.
What you can claim
- Weekly income payments while you can't work, based on your pre-crash earnings.
- Medical treatment — GP, physio, imaging, specialists, surgery, medication. Paid directly to providers.
- Rehab and return-to-work support.
- Psychological support for anxiety, PTSD, or adjustment after the crash.
- Lump sum damages if your injury is non-threshold (more serious soft-tissue, fractures, head injury, significant psychological injury).
The 28-day rule still applies
Get the claim in within 28 days of the crash and your statutory benefits backdate to day one. Put it in after that and benefits usually only start from the day you got it in. The clock runs the same way for passengers as for drivers — don't wait to see who else is doing what. See the 28-day rule.
Rideshare passengers
If you were in an Uber, DiDi, Ola or a taxi — the CTP green slip on the vehicle still covers you. Same rules. Rideshare passenger claims are common and well-handled by the scheme. See our rideshare page if you want more detail on the quirks.
What we do for you
One phone call. We take the details of the crash, identify the right CTP insurer (sometimes it's not obvious — the policy is attached to the registration, not the driver), submit inside the 28-day window, and run the claim end-to-end. Your medical and income support kick in fast.
Take the short check at /check, or call (02) 7238 7379 and a real person picks up.