How NSW CTP law applies to rideshare accidents
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 through the Compulsory Third Party (CTP) insurance scheme. This applies whether you were a passenger, driver, or a third party such as a pedestrian struck by a rideshare vehicle. The Motor Accident Injuries Act 2017 governs all CTP claims in NSW, including those involving rideshare services. The law does not distinguish between a rideshare and a traditional taxi for the purpose of eligibility, provided the vehicle was being used for hire or reward at the time of the accident. This means that if you were injured in a rideshare accident, you are entitled to treatment and care benefits, weekly income payments, and potentially damages, depending on the nature and severity of your injuries.
Treatment and rehabilitation planning under CTP
Under the CTP scheme, your treatment and rehabilitation must be planned and managed by a qualified rehabilitation provider, often appointed by your insurer or a government-approved provider. The goal is to restore your function and return you to work or daily life as quickly and safely as possible. The Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines set out the framework for this process. Your rehabilitation plan must be evidence-based, individualised, and approved by the insurer or the relevant authority. It may include medical treatment, physiotherapy, psychological support, vocational rehabilitation, and assistive devices.
The insurer is required to fund treatment and care benefits for injuries that qualify under the CTP scheme. This includes injuries that are not classified as threshold injuries, as long as they result in a permanent impairment or impact your ability to work or perform daily activities. For injuries that are classified as threshold injuries, the insurer must still provide treatment and care benefits, but the right to claim damages is restricted under section 4.4 of the Motor Accident Injuries Act 2017.
Key evidence and practical steps
To support your claim and ensure appropriate rehabilitation planning, you should preserve the following evidence:
- A record of your medical treatment from the time of the accident, including diagnosis, treatment plans, and progress reports.
- A copy of the police report, if one was filed, or a written account of the accident from a witness.
- Photographs of the vehicle damage, the accident scene, and any visible injuries.
- Details of your income and work capacity before and after the accident.
- Correspondence with the rideshare company, insurer, or medical practitioners.
You must notify your insurer as soon as possible after the accident. Under the Motor Accident Injuries Act 2017, you must provide a claim form and supporting evidence within 6 months of the accident date. Failure to meet this deadline may result in the claim being rejected, unless a court grants an extension.
Rideshare-specific considerations
Rideshare vehicles are often used for commercial purposes, which means that the driver may be operating under a different insurance classification than a private vehicle. However, the CTP scheme covers all motor vehicle accidents in NSW, regardless of whether the vehicle was used for private or commercial purposes. The rideshare company may have its own insurance policy, but this does not override your right to claim under CTP. You are not required to make a claim against the rideshare company’s policy first.
If you were injured as a result of a rideshare driver’s actions, such as sudden braking, swerving, or a collision caused by a driver’s error, you may still be eligible for compensation even if you were not directly at fault. CTP compensation is not dependent on proving fault in the same way as a common law damages claim. However, if you contributed to the accident through your own actions (e.g. by distracting the driver), your entitlement to benefits may be reduced under the contributory fault provisions of the Act.
Time limits and dispute options
There is a 6-month time limit to make a claim for CTP benefits after the accident. This includes the time to submit your claim form and supporting evidence to the insurer. If your claim is denied or you disagree with the insurer’s decision on treatment, care, or rehabilitation planning, you may apply to the State Insurance Regulatory Authority (SIRA) for review. You can also request an independent review of your rehabilitation plan if you believe it is not appropriate or not progressing your recovery.
If you are dissatisfied with the outcome of a review, you may apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision on the matter. The tribunal has jurisdiction to determine disputes about the provision of treatment and care benefits, the approval of rehabilitation plans, and the amount of weekly payments.
Hypothetical example
A 34-year-old woman was a passenger in an Uber vehicle that was struck by a distracted driver while waiting at a traffic light in Sydney. She sustained a whiplash injury and was diagnosed with a soft-tissue injury to the neck. Her medical records show ongoing pain and restricted movement. She notified her insurer within 3 weeks of the accident and submitted a claim form with a medical report. The insurer approved treatment and care benefits, including a 12-week physiotherapy program and psychological support. After 10 weeks, she reported no improvement. She requested a review of her rehabilitation plan, which was revised to include a specialist assessment and a new treatment schedule. The revised plan was approved by SIRA.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.