CTP passengers

Passenger injury claims in Queensland.

How the compulsory third party scheme treats injured passengers, who the claim is against, and how a passenger claim fits within the wider CTP process.

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Reviewed by Blake Fraser, Principal Lawyer, Fraser Lawyers Last updated 13 June 2026

A passenger almost never causes the accident they are injured in. They are not steering, braking or judging the gap. That simple fact puts injured passengers among the most clearly covered claimants in the Queensland compulsory third party scheme.

Compulsory third party insurance, usually shortened to CTP, is the cover attached to every registered Queensland vehicle that pays for personal injury caused by the driving of a vehicle. The scheme is fault-based, so a claim runs against the CTP insurer of the vehicle whose driver was at fault. For a passenger, that at-fault vehicle may be the one they were travelling in, or it may be another vehicle in the collision.

The reason a passenger is so well placed is that the Motor Accident Insurance Act 1994 (Qld) responds where the injury was caused by a wrongful act of a person other than the injured person. A passenger never injures themselves by driving, so wherever a driver was negligent, the fault element is met and the passenger has a claim against that driver’s CTP insurer.

The scheme is regulated by the Motor Accident Insurance Commission (MAIC). This page explains the parts that matter most to passengers; the full claim process and the detailed time limits, common to every CTP claim, are set out on our CTP claims in Queensland guide and are not repeated here.

Scope of work

What we help with

This guide covers the questions injured passengers most often ask about a Queensland CTP claim:

Matter: What it usually involves
Who can claim: Passengers in cars, taxis, rideshare, buses and trucks injured by a driver at fault
A driver you know: Claiming where the driver was a relative or friend, and who actually pays
Seatbelts: How not wearing a seatbelt affects a claim, with no fixed percentage
Intoxicated drivers: When travelling with an affected driver reduces a passenger claim
Taxis, rideshare and buses: Passengers in commercial and public transport vehicles
Multi-vehicle accidents: Which vehicle the claim is against when more than one is involved
How a passenger claim is made: The Notice of Accident Claim Form, summarised, with the process linked
Time limits: The notice and court deadlines that apply, summarised, with the detail linked

Most of what follows turns on one idea: a passenger recovers because someone else was at fault, and the law directs that the driver’s compulsory insurer, not the driver personally, meets the claim. The sections below take the passenger-specific points in turn, and link across to the main CTP guide for the parts common to every claim.

Process

What you need to know.

The question of who can claim turns on whose driving caused the injury, not on where the passenger was sitting or what kind of vehicle they were in. A passenger injured by the negligent driving of a vehicle can generally claim against that vehicle’s CTP insurer. That covers passengers in a wide range of vehicles, including:

Passengers in a car, whether in the at-fault vehicle or another vehicle in the collision.
Taxi and rideshare passengers, including passengers in an Uber or similar service.
Bus passengers, on public or private bus services.
Truck and other vehicle passengers, where the vehicle is a registered motor vehicle.

In each case the claim is met by the CTP insurer of the at-fault vehicle. Where two or more vehicles are involved, the claim is against the insurer of whichever vehicle’s driver was at fault, and a passenger may have a claim even where the vehicle they were in was not the one at fault. MAIC summarises who can make a claim, which lists passengers, and what you can claim.

Passengers are one of several categories of injured road user the scheme covers, and the principle is the same for each: a person injured by a driver’s fault claims against that driver’s CTP insurer. The firm sets out the position for other road users on its pedestrian accident claims, motorcycle accident claims and bicycle accident claims pages.

Where the at-fault vehicle cannot be identified, for example in a hit-and-run, or was uninsured, there is no CTP insurer to claim against, and the claim is made instead against the Nominal Defendant, a statutory body that stands in its place under stricter notice rules our CTP claims in Queensland guide explains in full.

A driver you know

Claiming when the driver was someone you know.

Many passengers are injured while travelling with a relative or a friend, and many hesitate to claim because they do not want to pursue someone close to them. The structure of the scheme answers that concern.

The claim is legally based on the driver’s negligence, but the driver is compulsorily insured. Under section 52 of the Motor Accident Insurance Act 1994 (Qld), an action for damages from a motor vehicle accident is brought against the driver and the CTP insurer as joint defendants, and any judgment is entered against the insurer, not the driver personally. The compensation is met by the compulsory CTP insurer, not by the relative or friend out of their own money.

In practical terms, a passenger claiming after an accident caused by a family member or friend is not taking money from that person. The premium that funds the claim was paid with the vehicle’s registration, and the law directs payment to the insurer, whoever the driver was.

Contributory negligence

When a passenger's damages can be reduced.

A passenger who did not cause the accident can still have their damages reduced if they contributed to their own injury. This is called contributory negligence, and it discounts a claim rather than defeating it. Two situations come up often for passengers: not wearing a seatbelt, and travelling with a driver the passenger knew was affected by alcohol or drugs.

Not wearing a seatbelt. Failing to wear a seatbelt can reduce a passenger’s damages, but Queensland has no fixed percentage for it. The reduction is assessed on the facts under section 10 of the Law Reform Act 1995 (Qld), which reduces damages to the extent the court considers just and equitable having regard to the claimant’s share in the responsibility. There is no automatic figure: a court looks at what difference the seatbelt would have made to the particular injuries.

Travelling with an affected driver. Where a passenger relied on the care and skill of a driver the passenger knew, or ought reasonably to have known, was affected by alcohol or drugs, the Civil Liability Act 2003 (Qld) treats the matter more strictly. Under section 48 the passenger is presumed to have contributed to their own injury, and unless that presumption is rebutted on narrow grounds the damages must be reduced by at least 25 per cent. Under section 49 that minimum rises to at least 50 per cent where the driver was the passenger’s driver and had a blood alcohol concentration of 0.15 or more, or was so affected as to be incapable of effective control of the vehicle.

These figures are statutory minimums, not ceilings. A court can reduce damages further on the facts, and in an extreme case the reduction can reach 100 per cent under section 24 of the same Act. Being a passenger does not, by itself, mean a full recovery: what the passenger knew and did still bears on the assessment.

How a passenger’s damages may be reduced (Queensland)
Situation	Effect on damages	Source
Not wearing a seatbelt	Reduced by an amount assessed on the facts; no fixed percentage	Law Reform Act 1995 (Qld) s 10
Travelling with a driver known to be affected	Presumed contribution; reduced by at least 25 per cent	Civil Liability Act 2003 (Qld) s 48
Passenger of a driver at 0.15 or incapable of control	Minimum reduction rises to at least 50 per cent	Civil Liability Act 2003 (Qld) s 49
Extreme cases	Reduction can reach 100 per cent	Civil Liability Act 2003 (Qld) s 24

Whether any of these applies, and by how much, depends on the evidence. A reduction is a discount, not a bar, and even a substantial reduction can leave a worthwhile claim where the injuries are serious.

The process

How a passenger claim is made.

A passenger claim follows the same process as any other Queensland CTP claim. It is started by lodging a Notice of Accident Claim Form with the at-fault vehicle’s CTP insurer within the time limits set by the Motor Accident Insurance Act 1994 (Qld), and then moves through the insurer’s response, the gathering of medical and financial evidence, and a compulsory conference at which most claims resolve. That process, the Notice of Accident Claim Form and the full deadline cascade are common to every CTP claim and are set out in full on our CTP claims in Queensland guide rather than repeated here.

Time limits

Deadlines and risks.

The time limits for a passenger claim are the CTP time limits, and the one that catches people is the notice deadline, not the court one.

In short, under section 37 of the Motor Accident Insurance Act 1994 (Qld), the Notice of Accident Claim Form must be given by the earlier of nine months after the accident or first symptoms, or one month after first consulting a lawyer. A late notice can still be given with a reasonable excuse, but a Nominal Defendant claim for an unidentified vehicle has a hard nine-month bar that cannot be extended. Separately, court proceedings must be started within three years of the date the cause of action arose.

The full cascade, including the Nominal Defendant rules and the position for children and people under a legal incapacity, is on our CTP claims in Queensland guide. The practical point for a passenger is the same as for any claimant: the notice deadline can arrive quickly once a lawyer is consulted, so it is worth identifying early.

What we do

How Fraser Lawyers acts in these matters.

Fraser Lawyers acts for people injured as passengers in motor vehicle accidents on the Gold Coast and across Queensland, advising on their rights under the Queensland CTP scheme and the Motor Accident Insurance Act 1994 (Qld). This page sits alongside our motor vehicle accident service and the firm’s wider personal injury practice. The work runs from identifying the right CTP insurer and lodging the Notice of Accident Claim Form within time, through gathering evidence, to the compulsory conference and, where a claim does not resolve, court proceedings. Blake Fraser, the firm’s Principal Lawyer, handles personal injury matters personally, with the support of the firm’s practice and accounts staff.

Conditional costs agreements, often described as no win, no fee, are available for eligible personal injury claims. They are a way of funding a claim, not a comment on its prospects. Conditions apply. You may be liable for disbursements regardless of outcome. The terms are set out in a written costs agreement before the firm is retained.

Practical

Documents to bring.

Accident details Date, time, place, and how the accident happened
The vehicle you were travelling in Registration and, if you know it, the driver's details
The other vehicle's registration Where another vehicle was involved, often from the police report
Any police report or event number Including the attending officers or station, if known
Medical records and reports Treating doctor, hospital, and any imaging or scan records
Evidence of lost income Payslips, tax returns, or business records
Out-of-pocket expense receipts Medical, pharmacy, travel and care costs
Names of any witnesses And their contact details, if you have them
Any insurer correspondence Letters or claim numbers already received, and any photographs of the scene

Pathway

The likely path.

Step 1: Initial advice and time-limit check.

The first task is to work out which time limit is running and which vehicle’s insurer the claim is against, which turns on the accident date, when symptoms first appeared, and whether the at-fault vehicle is identified.

Step 2: Identifying the right insurer and lodging notice.

For a passenger this means identifying the at-fault vehicle, which may be the one you were in or another, and lodging the Notice of Accident Claim Form with that vehicle’s CTP insurer within time, or with the Nominal Defendant where the vehicle is unidentified or uninsured.

Step 3: Liability and early treatment.

The insurer decides whether it admits liability, while treatment continues and is documented, because the medical records are the foundation of the claim.

Step 4: Gathering evidence.

Medical evidence, including independent examinations, and financial evidence of loss are assembled once the injury has stabilised enough to assess its longer-term effect.

Step 5: Compulsory conference.

The parties exchange material and attend a compulsory conference, a without-prejudice settlement meeting at which most Queensland CTP claims resolve.

Step 6: Settlement or court.

If the claim resolves, it ends with a settlement and release; if not, court proceedings may be commenced within the three-year limitation period.

Frequently asked

Questions we hear often.

Plain-English answers to the questions clients tend to ask. If your question is not here, call us.

Get in touch

Can I claim if a friend or family member was driving?

Yes. A passenger injured because the driver was at fault can claim against that vehicle’s CTP insurer, and it makes no difference that the driver was a relative or friend. The claim is legally based on the driver’s negligence, but under section 52 of the Motor Accident Insurance Act 1994 (Qld) the action is brought against the driver and the CTP insurer together, and any judgment is entered against the insurer. The driver is not paying your compensation out of their own money.

Who actually pays a passenger claim?

The at-fault vehicle’s compulsory third party insurer pays, not the driver personally. Section 52 of the Motor Accident Insurance Act 1994 (Qld) directs that judgment be entered against the insurer rather than the driver. Where the at-fault vehicle cannot be identified or was uninsured, the Nominal Defendant stands in the place of the insurer and meets the claim instead.

What if I was not wearing a seatbelt?

Not wearing a seatbelt can reduce a passenger’s damages, but Queensland does not apply a fixed percentage. The reduction is assessed on the facts under section 10 of the Law Reform Act 1995 (Qld), which reduces damages to the extent the court considers just and equitable having regard to the claimant’s share in the responsibility. A court looks at what difference the seatbelt would have made to the particular injuries, so the effect depends on the case rather than on an automatic figure.

What if I was in a taxi, Uber or bus?

Passengers in taxis, rideshare vehicles such as Uber, and buses are covered in the same way as passengers in a private car. The claim is against the CTP insurer of whichever vehicle’s driver was at fault, which may be the vehicle you were travelling in or another vehicle in the collision. MAIC lists passengers among the people who can make a claim under the Queensland CTP scheme.

What if the driver was affected by alcohol?

If you knew, or ought reasonably to have known, the driver was affected by alcohol or drugs, the Civil Liability Act 2003 (Qld) presumes you contributed to your own injury. Under section 48 your damages must be reduced by at least 25 per cent unless that presumption is rebutted, rising under section 49 to at least 50 per cent where the driver’s blood alcohol concentration was 0.15 or more, or the driver was incapable of effective control. These are minimum reductions, and a court can go further on the facts.

What if the driver was uninsured or cannot be identified?

A passenger is not left without a claim. Where the at-fault vehicle cannot be identified, for example in a hit-and-run, or was uninsured or unregistered, the claim is made against the Nominal Defendant, a statutory body that stands in the place of the missing CTP insurer. The Nominal Defendant has stricter notice rules, including a three-month primary notice period and a hard nine-month bar for unidentified vehicles. The detail is on our CTP claims in Queensland guide.

How long do I have to make a passenger claim?

A passenger claim runs on the standard CTP deadlines. The Notice of Accident Claim Form must be given by the earlier of nine months after the accident or first symptoms, or one month after first consulting a lawyer, under section 37 of the Motor Accident Insurance Act 1994 (Qld). Separately, court proceedings must be started within three years of the date the cause of action arose. Different rules apply to children and people under a legal incapacity. The full cascade is set out on our CTP claims in Queensland guide.

Do I need a lawyer for a passenger claim?

A passenger can deal with a CTP insurer directly, and there is no requirement to have a lawyer. The value of advice is greatest where liability or contributory negligence is in dispute, the injuries are significant, the time limits are close, or the at-fault vehicle was unidentified or uninsured. Whether legal help is worthwhile in a particular case depends on the facts of that case.

Personal injury claims in Queensland run to strict time limits. Some apply within months of the injury or accident, the limits differ by claim type, and a few, such as hit-and-run claims against the Nominal Defendant, cannot be extended.

Talk to Fraser Lawyers about your matter.

A short outline of the accident and your injuries is usually enough to identify which insurer the claim is against and what the next step is. Fraser Lawyers is based at 86 Bundall Road, Bundall, and acts for clients across Queensland.

Call (07) 5554 6116 Send a short enquiry