Immediate Actions After a Pillion Passenger Injury
If you were a pillion passenger on a motorcycle in New South Wales and were injured in a motor accident, the first steps you take can affect your access to compensation under the state’s Compulsory Third Party (CTP) insurance scheme. You may be entitled to treatment and care benefits, weekly income payments, and, if your injuries meet legal thresholds, damages. These entitlements are governed by the Motor Accident Injuries Act 2017 (MAIA), which applies to all motor accidents in NSW that occurred on or after 1 December 2017. The CTP insurer of the at-fault vehicle is responsible for providing these benefits, regardless of fault, under the statutory framework administered by the State Insurance Regulatory Authority (SIRA).
Who Is Covered and What Benefits Apply
Pillion passengers are recognised under the CTP scheme as eligible claimants. You do not need to have been driving or at fault to make a claim. The benefits available depend on the nature and severity of your injuries. You may receive treatment and care benefits for medical treatment, rehabilitation, and attendant care. If your injuries result in a loss of income, you may be eligible for weekly income payments. If your injuries are classified as a threshold injury, you may still be entitled to limited benefits, but damages are generally not available unless you meet the threshold for a serious injury.
Evidence and Documentation to Gather
To support your claim, you must preserve and collect evidence that establishes the accident, your injuries, and the impact on your life. This includes:
- A police report, if one was filed at the scene
- Photographs of the accident scene, vehicle damage, and any visible injuries
- Medical records from the time of the accident through to recovery, including assessments by your treating medical practitioner
- A written statement from any witness who saw the accident
- Details of any lost income, including payslips and employer letters
- Records of out-of-pocket expenses related to the accident, such as travel to medical appointments or vehicle hire
SIRA advises that early reporting and documentation significantly improve the chances of a successful claim. Delays in reporting or failing to seek medical attention may affect your entitlement to benefits.
Time Limits and Procedural Requirements
There is a time limit for making a claim under the CTP scheme. You must notify the CTP insurer of the at-fault vehicle within 3 months of the accident. Failure to do so may result in the claim being denied. You must also notify the insurer within 6 months of the accident if you wish to claim damages, unless you are claiming for a threshold injury, in which case the time limit for damages is 12 months from the date of the accident.
If you are claiming for a threshold injury, you must have a medical assessment confirming that your injury meets the criteria set out in the Motor Accident Injuries Regulation 2017. This includes injuries such as soft tissue injuries to the neck or back, but only if they result in a permanent impairment of at least 10% of the whole person impairment (WPI) as assessed under the Motor Accident Guidelines.
When to Seek Legal Advice
While you are not required to have a solicitor to make a claim, it is advisable to seek independent legal advice if:
- Your injuries are complex or you have ongoing symptoms
- The insurer disputes your claim or offers a settlement that you believe is inadequate
- You are unsure whether your injury meets the threshold for damages
- You have been involved in a blameless accident or a Nominal Defendant claim
SIRA provides information and guidance on its website, but it does not provide legal advice. An independent solicitor can help you understand your rights, assess the value of your claim, and represent you in negotiations or disputes.
Hypothetical Example
A 32-year-old pillion passenger in Sydney was injured when the motorcycle she was riding on collided with a car at a roundabout. She sustained a soft tissue injury to her neck and back, which caused ongoing pain and limited her ability to work. She sought medical treatment within 48 hours, obtained a medical report confirming a 12% WPI, and reported the accident to the CTP insurer within 60 days. She was granted treatment and care benefits and later received damages because her injury met the threshold for a serious injury under the MAIA.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.