You didn’t touch the steering wheel. Maybe you were sharing a lift with a mate, riding with family, or catching an Uber home from the airport — and now you’re on the couch with a neck brace, a stack of medical bills, and no clear idea what comes next.
If you’ve been hurt as a passenger in a Queensland car accident, here’s something worth knowing upfront: you almost certainly have the right to make a passenger CTP claim. Queensland’s compulsory third party scheme is built for exactly this situation. The tricky part is knowing who to claim against, what you can claim for, and how much time you’ve got to act.
Let’s walk through it in plain English.
Yes, passengers can claim CTP in Queensland
Every registered vehicle in Queensland carries compulsory third party (CTP) insurance. That insurance exists to cover people injured when a driver is at fault — and passengers are one of the main groups the scheme is designed to protect.
You don’t need to prove the driver was reckless. You don’t need to prove anyone was drink-driving or speeding. You just need to show that someone’s negligence — usually the driver of the car you were in, or the driver of another vehicle — caused or contributed to your injuries.
That’s a lower bar than most people assume. And it applies whether you were the front-seat passenger, a rear-seat passenger, a child in a booster, or the Uber rider in the back.
For a full walk-through of how a claim actually runs, our guide to making a CTP claim in Queensland steps through each stage.
What the Queensland CTP scheme actually covers
The Queensland CTP scheme sits under the Motor Accident Insurance Act 1994 (Qld) and is overseen by the Motor Accident Insurance Commission. Every registered vehicle must carry CTP — it’s bundled into your rego each year. That insurance is what pays compensation to injured people. Not the driver personally.
As an injured passenger, a CTP claim can cover things like:
- Medical and rehab costs — hospital, GP, physio, specialists, imaging
- Past and future loss of income if you can’t work the same hours
- Pain and suffering (known in Queensland as “general damages”)
- Paid or unpaid care and support you need at home
- Future treatment, surgery, or equipment you’ll need long-term
General damages for pain and suffering are calculated by reference to an Injury Scale Value (ISV), set under Schedules 2 to 7 of the Civil Liability Regulation 2024 (Qld), with the calculation rules in ss 61–62 of the Civil Liability Act 2003 (Qld). The ISV reflects the severity of the injury on a scale and converts to a dollar figure based on current values.
Who do you actually claim against?
This is where passengers often get tangled up. You don’t claim against the driver personally. You claim against the CTP insurer of the at-fault driver — one of the handful of insurers licensed to provide CTP in Queensland.
If the driver of your car was at fault. You claim against that vehicle’s CTP insurer. Yes — even if it was your partner, your parent, or your best mate behind the wheel. The money comes from their insurance, not their pocket.
If another driver was at fault. You claim against the other vehicle’s CTP insurer.
If both drivers share the blame. You can still claim — and importantly, as an innocent passenger you can usually recover your full compensation. Apportionment of fault is a matter between the two insurers via contribution proceedings; it’s not something that normally reduces what an innocent passenger recovers (unless you yourself contributed to your injury).
If the at-fault driver was unregistered, uninsured, or did a runner. Queensland has the Nominal Defendant scheme for exactly this. You can still lodge a claim — but the notice rules and time limits are much stricter. Where the vehicle cannot be identified, written notice must be given to the Nominal Defendant within 3 months of the accident (s 37(2)(a) MAIA). If notice isn’t given within 9 months of the accident, the claim is permanently barred — the Nominal Defendant cannot waive compliance, and the courts have no discretion to grant leave despite non-compliance (s 39(8) MAIA). That is unusual in Queensland personal injury law, and it’s why getting advice fast matters.
Common passenger scenarios we see
Friends and family driving. The most common scenario — and the one clients feel most awkward about. Don’t. A claim doesn’t come out of your driver’s pocket. It comes from the CTP insurer that already took the premium when the car was registered. You’re not suing your friend; you’re accessing an insurance product that’s been paid for.
Uber, taxi, or rideshare. Rideshare and taxi passengers are covered by the vehicle’s CTP insurance like any other passenger. Our rideshare, bus and taxi claims page has more on how these claims run in Queensland.
Bus passengers. Registered buses in Queensland carry CTP insurance the same way as any other vehicle — there is no separate statutory “layer.” A bus operator may also hold public liability cover, which can sometimes become relevant where CTP is unavailable or insufficient, and work-related bus travel can also bring WorkCover into the picture.
Hit-and-run or unidentified driver. The Nominal Defendant is your route here. Notice has to be given quickly — within 3 months for an unidentified vehicle, and the 9-month absolute bar is unforgiving. Speak to a lawyer fast.
Work-related travel. If you were a passenger in a work vehicle, or travelling for work when the accident happened, WorkCover Queensland may come into the picture too. The two claims can run side-by-side in that situation, though you can’t collect the same benefit twice, and WorkCover can recover what it paid if you later recover damages under your CTP claim (ss 207–209 WCRA).
What about children hurt as passengers?
A child injured as a passenger in a Queensland car accident has the same right to claim as any adult — but the claim is run slightly differently. A parent or guardian (called a “litigation guardian”) makes the claim on the child’s behalf.
Time limits work differently for children too. Under s 29(2) of the Limitation of Actions Act 1974 (Qld), the 3-year limitation clock generally doesn’t start running until the child turns 18. The MAIA also has specific provisions for minors and people under a legal disability (s 40 MAIA), modified by ss 57 and 59 where pre-court procedures are on foot. That doesn’t mean you should wait — medical evidence is strongest when gathered early, and notice can still be given by a parent or guardian on the child’s behalf.
Child passenger claims often stay open for years because serious injuries — particularly head injuries and spinal damage — can have effects that only become clear as the child grows. Settling early can be a mistake. Good advice up front matters.
Time limits — the clock is already ticking
Queensland CTP claims run on strict statutory deadlines. The key ones every passenger should know are:
- Notice of Accident Claim Form. Under s 37(2)(b) of the MAIA, notice must be given to the CTP insurer within the earlier of (a) 9 months of the accident (or first appearance of symptoms, if symptoms are not immediately apparent), and (b) 1 month after you first instruct a lawyer to act on your claim. Miss the window and the obligation continues, but a reasonable excuse must be given (s 37(3)).
- Nominal Defendant claims — unidentified vehicle. 3 months primary (s 37(2)(a)); 9 months is an absolute bar (s 39(8)).
- Court proceedings. 3 years from the date of injury under s 11(1) of the Limitation of Actions Act 1974 (Qld). PIPA / MAIA pre-court procedures can extend this narrowly in specific circumstances.
Our CTP claim time limits guide walks through the sequence in more detail.
What a passenger claim can be worth
The value of a Queensland passenger CTP claim depends on how serious your injuries are, how they’ve affected your work and daily life, and what ongoing treatment you’ll need. Broadly, the “heads of damage” that can be claimed include:
- Past and future loss of income and earning capacity
- Past and future medical and rehab expenses
- Care and assistance, whether paid professionally or provided by family
- Pain and suffering, assessed against Queensland’s statutory ISV scale
- Out-of-pocket expenses — medications, travel, home modifications
Common passenger injuries include whiplash and other soft-tissue neck injuries, back and spinal damage, fractures, head injuries, and psychological harm from the accident itself. Every claim is different — each is weighed on its own facts, not a label.
Pitfalls that trip passengers up
A few avoidable mistakes we see again and again:
- Assuming you can’t claim because the driver was a friend or family member. You can. The claim is against an insurer, not the person.
- Waiting to see “if it gets better.” Some injuries settle. Many don’t, and delays make the medical link harder to prove.
- Skipping the GP. Without a paper trail linking injury to accident, insurers have room to dispute.
- Signing insurer paperwork without advice. Early offers can look generous until you read the fine print.
- Missing the Notice of Accident Claim Form deadline — or, for unidentified-vehicle claims, missing the 3-month / 9-month Nominal Defendant windows. The single most common avoidable stuff-up.
If any of these sound close to home, a free claim check is worth your time.
Practical takeaways
- See a GP as soon as possible — and keep every receipt.
- Get the other driver’s details, or call police straight away if it was a hit-and-run.
- Photograph the scene, the vehicles, and any visible injuries.
- Write down the names and contact details of any witnesses.
- Report the accident to Queensland Police if it hasn’t been reported already.
- Don’t sign anything from an insurer until you’ve had a lawyer look at it.
- Get a free claim check well before the Notice of Accident Claim Form deadline runs out.
Why Queenslanders ring accident legal
accident legal is a Queensland-based personal injury team. Our car accident lawyers run passenger CTP claims on a no win, no fee basis — meaning there’s nothing to pay upfront, and no professional fees if we don’t win your claim (disbursements may still apply and will be set out in your costs agreement). If you can’t make it to our office, we’ll come to you at home or in hospital anywhere in Queensland. We’re Doyle’s Guide recommended, trusted by more than 1,000 Queenslanders, and reachable around the clock because injuries don’t stick to office hours. No jargon. No mucking around. Straight-talking advice from people who do this every day.
Free claim check — no obligation, no cost
If you’ve been injured as a passenger in a Queensland car accident, have a yarn with us before you sign anything or commit to anything. We’ll tell you where you stand, for free.
Call 1800 745 745 or visit accidentlegal.com.au for a free, no-obligation claim check. Home and hospital visits available across Queensland.
This article is general information only and does not constitute legal advice. For advice specific to your circumstances, please call accident legal on 1800 745 745 for a free, no-obligation claim check.