Understanding CTP claims for rideshare accidents in NSW
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were injured in a motor accident while travelling in a rideshare vehicle such as Uber in New South Wales, you may be entitled to compensation under the Compulsory Third Party (CTP) insurance scheme. This scheme is administered by the State Insurance Regulatory Authority (SIRA) and applies across all of NSW, regardless of where the accident occurred. The CTP scheme provides financial support for injuries sustained in motor accidents, including those involving rideshare services. Your entitlement depends on the nature of the injury, the circumstances of the accident, and whether you were a passenger, driver, or another road user at the time.
How SIRA’s rules apply to rideshare accidents
SIRA’s guidelines confirm that rideshare passengers are covered under the CTP scheme in the same way as any other passenger in a motor vehicle. This means that if you were injured during a rideshare journey, you can make a claim for compensation, regardless of who was at fault. The CTP scheme is designed to provide prompt access to benefits, including treatment and care, weekly income payments, and, where applicable, damages for pain and suffering.
Rideshare vehicles are treated as motor vehicles under the Motor Accident Injuries Act 2017. Therefore, the same legal framework applies to injuries sustained while using a rideshare service as to injuries from any other motor vehicle accident. SIRA’s guidance makes it clear that the nature of the service, whether it is a private hire vehicle, taxi, or rideshare, does not alter your rights under CTP law, provided the vehicle was being used for the purpose of transporting passengers.
What you can claim under SIRA’s CTP rules
Under the CTP scheme, you may be entitled to several forms of compensation, depending on your injury and circumstances. These include:
- Treatment and care benefits: to cover the cost of medical treatment, rehabilitation, and allied health services.
- Weekly income payments: if your injury prevents you from working, you may receive payments to replace lost income.
- Damages: if your injury meets the threshold for a permanent impairment, you may claim damages for pain and suffering, loss of enjoyment of life, and future care needs.
SIRA’s Motor Accident Guidelines set out the criteria for determining whether an injury qualifies as a threshold injury. For example, a spinal nerve-root injury that causes neurological signs such as muscle weakness or altered sensation may qualify, even if radiculopathy is not present. However, if your only injuries are threshold injuries, the law limits weekly benefits and treatment and care benefits to a maximum of 52 weeks from the date of the accident, unless a review or dispute is initiated.
Practical steps and evidence to support your claim
To make a valid CTP claim, you should take the following steps as soon as possible:
- Seek medical attention and keep all records of treatment, including prescriptions, therapy notes, and medical reports.
- Report the accident to the police if it involved a serious injury, property damage, or a dispute about fault.
- Notify your insurer or the insurer of the vehicle involved. This must be done within a reasonable time, though no fixed deadline is set by law, delays may affect your ability to receive benefits.
- Gather evidence such as photos of the vehicle, the accident scene, and any visible injuries. Witness contact details and a copy of the rideshare trip record (available through the app) may also be useful.
SIRA advises that claims made by rideshare passengers are assessed on the same basis as any other motor accident claim. The insurer will review the evidence to determine whether the injury was caused by the accident and whether you are eligible for benefits. If you were not at fault, you may still be eligible for benefits, as CTP is not dependent on proving fault.
Time limits and dispute options
There is no fixed statutory deadline for making a CTP claim in NSW, but delays may affect your ability to obtain benefits. SIRA recommends that claims be made as soon as possible after the accident. If a claim is delayed, the insurer may still accept it, but you may not receive payments for the period between the accident and when the claim was made.
If your claim is rejected or you disagree with the amount of benefits offered, you can request a review from the insurer. If the dispute remains unresolved, you may apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. For claims involving damages, you may also choose to pursue a common law claim, but this requires meeting the threshold for a permanent impairment and must be initiated within three years of the accident.
A realistic example
A 34-year-old woman was injured in a rideshare accident in Sydney when the driver lost control while turning into a car park. She was thrown forward and sustained a neck injury. She sought medical treatment within 48 hours and provided her rideshare trip details, a police report, and medical records to the insurer. The insurer accepted her claim for treatment and care benefits and weekly income payments. After a medical assessment, she was found to have a permanent impairment of 10% due to a spinal nerve-root injury with neurological signs. She was then able to claim damages under the CTP scheme.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.