Time limits for pillion passenger claims in NSW
A pillion passenger injured in a motorcycle accident in NSW must generally make a claim within three years of the accident date. This time limit applies regardless of whether the accident occurred in Greater Sydney or elsewhere in the state. The claim must be made under the Motor Accident Injuries Act 2017 (MAIA), which governs all CTP compensation claims in NSW since 1 December 2017. If the accident occurred before that date, different rules may apply under the former Motor Accidents Compensation Act 1999, but the three-year time limit remains a key factor in most cases.
Who may claim as a pillion passenger
A pillion passenger is legally considered an 'injured person' under the CTP scheme if they were injured during a motor vehicle accident, including on a motorcycle. This includes passengers who were not driving, but were riding on the back of a motorcycle at the time of the accident. The law does not require the passenger to have been at fault or to have contributed to the accident. The CTP scheme provides compensation for injuries sustained in a motor accident, regardless of fault, for eligible claimants.
What must be established to claim
To make a valid claim, a pillion passenger must show that they sustained an injury as a result of the motor accident. This includes physical injuries, psychological injuries, and injuries that result in a loss of income or capacity to work. The claim must be supported by medical evidence, including a diagnosis and treatment record from a medical practitioner. The passenger must also provide details of the accident, including the date, time, location, and any witnesses. Photographs of the scene, vehicle damage, or injury may also support the claim.
Statutory time limits under NSW law
Under the Motor Accident Injuries Act 2017, a claim must be made within three years of the accident date. This is a strict time limit, and failure to submit a claim within this period may result in the claim being barred. The three-year period begins on the date the accident occurred, not the date of injury, diagnosis, or treatment. For example, if a pillion passenger was injured on 15 March 2024, the claim must be made by 15 March 2027. The claim must be submitted to the insurer of the at-fault vehicle, or to SIRA if the insurer is not responding.
What happens if the claim is made late
If a claim is made after the three-year period, it may still be accepted in limited circumstances. SIRA may allow a claim to proceed if it is satisfied that the claimant had a reasonable excuse for the delay. This could include serious illness, mental health issues, or a failure to understand the legal process. However, the burden of proof is on the claimant to demonstrate that the delay was reasonable and that they acted as soon as practicable after the reason for delay ended. Late claims are not guaranteed and are subject to SIRA’s discretion.
Practical steps to protect your claim
To avoid missing the time limit, a pillion passenger should take the following steps as soon as possible after the accident:
- Seek medical attention and keep all records of treatment, including prescriptions, appointments, and diagnostic reports.
- Report the accident to the police if it involved a motor vehicle, and obtain a copy of the accident report.
- Take photographs of the scene, vehicle damage, and any visible injuries.
- Write down a detailed account of the accident, including the weather, road conditions, and any statements made by the driver or witnesses.
- Contact the insurer of the at-fault vehicle or SIRA to begin the claim process.
Evidence that supports a claim
The following evidence is commonly required to support a pillion passenger claim:
- Medical reports from a treating medical practitioner, including a diagnosis and prognosis.
- A certificate of capacity from a medical practitioner, if the injury affects work capacity.
- Wage slips or employment records, if there is a loss of income.
- Accident report from police or a written statement from a witness.
- Photographs of the scene, vehicle damage, or injury.
- Correspondence with the insurer, including claim forms and responses.
Disputes and review options
If the insurer refuses to accept the claim, or disputes the extent of the injury or the amount of compensation, the claimant may request a review. SIRA provides a formal review process for disputed claims. The claimant may also apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination if the dispute remains unresolved.
Hypothetical example
A pillion passenger was injured on 10 April 2024 when the motorcycle they were riding on collided with a car at a roundabout in North Ryde. The passenger sustained a back injury and was unable to return to work for six weeks. They sought medical treatment within a week and obtained a certificate of capacity. The claim was submitted to the insurer on 12 April 2027, which was within the three-year limit. The insurer initially refused the claim, but the passenger provided medical evidence and a police accident report. The claim was later accepted after a review by SIRA.
When to seek advice
Every claim depends on its own facts. The available options may depend on the facts, evidence and applicable law. The time limits and procedural requirements under NSW law are strict and may vary depending on the nature of the injury, the date of the accident, and whether the claimant has previously made a claim. It is advisable to seek independent legal advice if there is uncertainty about the claim process, the time limit, or the insurer’s response.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.