Passengers are the clearest cases in the CTP scheme. A passenger did not drive, did not choose the speed, and did not make the decision that caused the crash. Whichever driver was at fault, the passenger's claim lies against that driver's CTP insurer. What stops people claiming is not the law but the situation: the driver at fault was a partner, a parent, a friend, or the colleague who gave them a lift.

Key points

  • A passenger claims against the CTP insurer of whichever vehicle was at fault, including the car they were in.
  • The driver is not sued personally and does not pay; that is what CTP premiums exist for.
  • Not wearing a seatbelt or riding with a driver you knew was intoxicated reduces compensation but does not bar the claim.

The claim is against the insurer, not the person

A CTP claim is made against the insurance policy attached to the vehicle. The insurer investigates, responds, funds treatment and pays the compensation. The driver at fault is not sued personally, does not pay anything, and in most cases is barely involved beyond giving a statement. Their premium is not individually rated on the claim in the way a comprehensive policy might be. The scheme was designed so that people injured by a family member's mistake can be compensated without the family bearing the cost; that is what everyone's CTP premium is paying for.

When the driver of your own car was at fault

If the driver of the car you were in caused the crash, your claim is against that car's CTP insurer. It makes no difference that you were in the vehicle with them, or that you are related. The insurer will want to know that you were not contributing to the accident, for example by distracting the driver, and whether you were wearing a seatbelt.

When both drivers were at fault

A passenger can claim against both insurers, and they sort out the apportionment between themselves. The passenger does not have to prove which driver was more to blame, only that they were injured through the fault of one or both.

Seatbelts and the risk you accepted

The two arguments insurers raise against passengers are contributory negligence for not wearing a seatbelt, and for getting into a car with a driver the passenger knew was intoxicated. The Civil Liability Act presumes contributory negligence where a person relies on the care and skill of someone they knew was intoxicated, and sets a minimum reduction of 25 per cent, rising to 50 per cent where the driver had a blood alcohol reading of 0.15 or more or was so impaired as to be incapable of driving safely. These are reductions, not bars, and the presumption can be rebutted where the passenger could not reasonably have avoided the risk.

Rideshare, taxis and buses

A passenger in an Uber, taxi or bus is in the same position as any other passenger: the claim is against the CTP insurer of whichever vehicle was at fault. Where the rideshare driver was at fault, that is the rideshare vehicle's CTP insurer. Commercial vehicles are registered and insured in the same scheme.

Children

A child injured as a passenger claims through a litigation guardian, usually a parent, who conducts the claim on their behalf. Any settlement for a child must be approved by a court or the Public Trustee, and the funds are typically held on trust until the child turns 18. The three-year limitation period for a child runs from their 18th birthday, but the notice deadlines still apply from the date of the accident, so a parent should not wait.

What to do

See a doctor, keep the details of both drivers and their vehicles, and get advice within the month. The nine-month notice deadline applies to passengers as it does to everyone else.

Frequently asked questions

Can I claim if my partner or friend was driving? Yes. The claim is against the vehicle's CTP insurer, not the driver, and the driver pays nothing.

Can a child passenger claim? Yes, through a litigation guardian, usually a parent. Settlements for children must be approved by a court or the Public Trustee.

Does it matter if I was not wearing a seatbelt? It can reduce compensation for contributory negligence, in proportion to the difference it made. It does not end the claim.

Sources

  • Motor Accident Insurance Act 1994 (Qld), ss 5 (application of Act), 37 (notice of claim), 52 (liability of insurer) — legislation.qld.gov.au
  • Civil Liability Act 2003 (Qld), ss 47–49 (contributory negligence and intoxication) — legislation.qld.gov.au
  • Limitation of Actions Act 1974 (Qld), ss 11, 29 (persons under a disability) — legislation.qld.gov.au
  • Public Trustee Act 1978 (Qld), s 59 (settlements for persons under a legal disability) — legislation.qld.gov.au
  • Motor Accident Insurance Commission, Can I claim? (children and litigation guardians) — maic.qld.gov.au