According to NSW Centre for Road Safety, more than 10% of serious injuries and fatalities consist of passengers. Passengers have the same right to compensation benefits as any driver, pedestrian, motorbike rider and cyclist due to a motor vehicle accident. If you suffered an injury due to a motor vehicle accident as a passenger, you may be entitled to make a motor vehicle accident claim.
What am I entitled to?
If you were injured in a motor vehicle accident as a passenger, you may be entitled to claim:
Medical and related expenses
Such as medical treatments and necessary rehabilitation
Income support payments
Statutory benefits due to being off work
Lump sum payment for past and future loss
If your injury is non-minor and you are mostly not at fault
Lump sum payout for pain and suffering
If your injuries are greater than 11% permanent impairment threshold and you are mostly not at fault
Our motor vehicle accident lawyers will be able to assist you better and give an estimation of what you are entitled to once they understand the details of your case. Each case is unique, your life situation before and after the accident is an important indicator when it comes to the payout that you are entitled to.
- No Upfront Costs
- No Win No Fee
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How do I make a car accident passenger claim?
Withstand Lawyers focuses on motor vehicle accident claims and provides a free claim check at any point in the process. You can reach our lawyers now to know your entitlements and how to claim them. Our car accident lawyers in NSW helped hundreds of passengers injured in a taxi, car, bus, motorbike and truck accident. The procedure might be complex, you can reach our team for a free initial claim assessment!
Alternatively, if you are injured as a passenger due to a motor vehicle, you can lodge a claim for your injuries as follows:
Report the accident to police within 28 days, note the event number and get the details of any other drivers involved.
Seek medical treatment and obtain the Certificate of Capacity from your GP, and complete a Personal Injury Benefits form (PIBF)
Send the completed Personal Injury Benefits form to the at fault motor vehicle’s Green Slip insurer within 28 days if you are claiming statutory benefits due to being off work. Otherwise, the time limit is 3 months. If you do not lodge the claim within 28 days however you will not receive wages for loss of income lost before the date you lodged the claim.
Consult a motor vehicle accident lawyer to know whether you are eligible to claim lump sum payment for your injuries; the time limit is 3 years.
FAQ
Yes, a passenger can claim compensation benefits if they suffered an injury due to a bus accident for which they are not fully at fault. Entitlements of the injured person can be seen in the ’What am I entitled to?’ section.
Yes, a passenger can claim compensation benefits if they suffered an injury due to a taxi accident for which they are not fully at fault. Entitlements of the injured person can be seen in the ’What am I entitled to?’ section.
A passenger can claim compensation for their injuries due to a car accident. That includes making a claim against the driver’s greenslip insurer if the driver of the vehicle was mostly at fault.
If the accident has resulted in death, then a close relative of the deceased may be able to claim compensation benefits. In that case, the person making the claim might be entitled to receive death benefits and funeral expenses. Close relatives include spouse, de-facto partner, siblings, half-siblings, parents or children.
Non-minor injuries may include fractures, scarrings, damage to nerves, serious brain injuries, organ damages and so on. On the other hand, minor injuries are generally assessed as damages to muscles, tendons, and ligaments but not include injury to nerves or a complete or partial rupture of tendons and ligaments. As for psychological injuries non-minor injuries include diagnosis of PTSD (Post Traumatic Stress Disorder) whereas minor psychological injuries include adjustment disorder and acute stress disorder.
Reach our No Win No Fee lawyers
Our senior personal injury lawyers focus on motor vehicle accident injury claims. Our values are to provide you with the highest degree of advice in the clearest possible way to ensure you understand the law, entitlements and process. You will feel be sure that your passenger claim is being looked after by our friendly and professional personal injury lawyers. Our team works under our No Win No Fee policy which means you only pay for our legal costs if you win. Reach us on 1800 952 898 or fill in the form below.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society