Queensland has the second highest rate of transport injury hospitalisation in Australia. If you’ve sustained an injury in a car accident, as a driver, a passenger, or as a pedestrian in Queensland, you can make a claim against the at-fault driver. This applies whether they’re driving another car or the one that you were in at the time of the accident.
Passengers often don’t realise they have a right to claim, particularly if they are in the at-fault vehicle. Below is an overview of your rights as a passenger and what to do if you’re in a car accident.
How do I claim as a car crash passenger?
Whether you’re an injured passenger, pedestrian, or driver, you may be eligible for compensation through a Compulsory Third Party (CTP) claim. This claim will be brought against the CTP insurer of the at-fault driver’s vehicle.
If the at-fault driver is someone you know, this can feel awkward, but it doesn’t need to be. You will lodge your claim directly with the CTP insurer, not the driver. That means if your friend or a family member was driving, they will not be the one covering your compensation. So, you can get the financial assistance you need to help with your recovery or any other losses resulting from your injury.
It’s important to note that in Queensland, CTP claims have strict time limits. So if you’re thinking about making a claim, we’d recommend doing it as soon as possible. A lawyer can make a claim on your behalf, gather the required evidence and other relevant information and lodge your claim directly with the CTP insurer.
With many injuries, such as whiplash, it is also important to start the rehabilitation process sooner rather than later. If you have a rehabilitation plan, your lawyer will seek to have it funded by the CTP insurer so that there are no financial barriers to getting the care you need.
Common car crash passenger injuries you may be entitled to claim for include (but are not limited to):
- Whiplash
- Fractures
- Soft tissue injury
- Head or brain injury
- Concussion
- Cuts and lacerations
- Psychological trauma
Of these, the most common transport injury hospitalisations in Australia include head and neck (24.9%), trunk (25.8%)—which includes thorax, abdomen, lower back, lumbar spine and pelvis—and shoulder and upper limb (21.7%).
Bus crash passenger rights
Many of us use buses and public transport for our daily commute and during holidays. While cars, motorcycles, and pedal cycles are the leading causes of transport injuries in Australia, bus accidents unfortunately also happen.
If you are injured in a motor vehicle accident as a passenger on a bus, you can make a claim for personal injury compensation. This claim will be made against the CTP insurer of the bus or another at-fault vehicle.
The accredited operator of public passenger services in Queensland is required to complete an Incident Report within 24 hours of an accident. Reports such as this as well as other details, including video footage, witness statements, and photographs, can help with your claim.
Why pursue a CTP insurance claim?
Without a CTP insurance payout, you may not be able to get the care you need or may experience significant financial loss. A CTP claim helps the injured people in a car accident, including passengers, receive medical treatment and rehabilitation, compensation for pain and suffering, and lost wages.
If you’re thinking about making a car crash passenger claim, please request a free case review below.
