Passenger Accident Injury Lawyer
Get No Win, No Fee legal help with CTP claims and vehicle injury compensation anywhere in New South Wales.
NSW-wide, with local offices.
40+ Years of Winning Cases and a 99% Success Rate.
A free, no‑obligation first conversation.
Injured as a passenger in New South Wales, in a car, taxi, rideshare, bus or truck, or on the back of a motorcycle? Our team can take over your claim for injury compensation through CTP insurance – the insurance every registered vehicle in NSW must carry, sometimes called a “Green Slip.”
You don’t have to have been driving to claim, and passengers typically aren’t the ones who caused the accident. Regardless of the severity of your case, it’s always worth getting a legal opinion on your situation. Our specialists will be able to advise whether you have a claim and what happens next.
Whitelaw McDonald has been proudly representing injured people across New South Wales for over 40 years – beginning in Newcastle, and growing to cover Sydney, the Central Coast, Coffs Harbour, Wollongong and beyond. Free advice is available and there is no obligation to proceed.
Act early: Time limits apply motor vehicle compensation claims
Motor vehicle accident claims in NSW run on strict timeframes, and missing them can cost you money you’re otherwise entitled to.
Getting help
Whitelaw McDonald represents injured Australians across Sydney, Newcastle, Hunter Valley, Lake Macquarie and wider NSW, with over 40 years in business and a 99% success rate. Free advice is available.
We help with:
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Cars
Crashes, accidents, collisions, including blameless
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Motorcycles
Collisions, accidents, lane-splitting incidents, slides
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Trucks
Collisions, rollovers, heavy vehicle accidents
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Passengers
Injured as a passenger in a car, truck, bus or motorcycle
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Pedestrians
Struck by a car, truck or motorcycle
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Cyclists & e-Bikes
Riders struck by a car, truck or motorcycle
Can a passenger claim compensation in NSW?
Absolutely. Passengers injured in a motor vehicle accident in NSW can claim statutory benefits regardless of who was at fault. Family members of someone seriously or fatally injured may also have a claim.
Every registered vehicle in NSW carries Compulsory Third Party (CTP) “Green Slip” insurance, and that’s what your claim is made against. You can make a claim even if the other vehicle was uninsured, unidentified or fled the scene through the Nominal Defendant scheme.
If you’re not sure whether you have a claim, we encourage you to fill out our online claim check form and a lawyer will review your situation at no charge. You can also call our office to speak with someone.
Who do I claim against?
Your claim is made against the CTP insurer of the at-fault vehicle, not against the driver personally.
- If another vehicle caused the accident, the claim generally goes to that vehicle’s CTP insurer.
- If the driver of the vehicle you were travelling in caused the accident, the claim generally goes to that vehicle’s CTP insurer.
- If more than one vehicle was involved, or fault is unclear, you don’t need to work it out yourself. We find out who insures the vehicles involved and which insurer your claim should go to.
What if the driver was a friend or family member?
This is the question many passengers worry about most. Claiming doesn’t mean taking legal action against your friend, partner or parent. The claim is made against the CTP insurer of the at-fault vehicle, not against them personally.
If you’re unsure how to approach it, we can explain how the process works, and there’s no obligation to go ahead.
Pedestrian accidents we help with
No two accidents are the same, and you don’t need a straightforward case to have a pedestrian injury claim. We regularly help people who were:
- Hit at a pedestrian crossing or traffic lights
- Hit while crossing a road
- Struck on a footpath by a vehicle that mounted the kerb
- Hit by a reversing vehicle
- Struck by a car, ute, truck, bus or motorcycle
- Hit by a vehicle that didn’t stop (hit-and-run)
- Injured by a work vehicle, whether or not it happened during work hours
If your accident happened somewhere else, such as a car park, you may still have options.
What compensation can I claim as a passenger?
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Weekly income payments
For lost earnings while you’re unable to work
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Medical and treatment expenses
Doctors, physiotherapy, hospital care, and rehabilitation
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Pain and suffering (non-economic loss)
Compensation for the physical and emotional impact of your injury, in eligible claims
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Past and future loss of income and earning capacity
Income you’ve lost so far, and the impact on your ability to earn in the future, in eligible claims
What you’re entitled to depends heavily on how your injuries are classified and who was responsible. Our lawyers can give you a realistic picture of your position after an initial assessment.
Passenger accidents we help with
You don’t need a straightforward case to have a passenger injury claim. We regularly help people who were injured as a passenger, including in circumstances such as:
- In a private car or ute
- In a taxi or rideshare vehicle
- On a bus
- In a truck (see our truck accident page)
- On the back of a motorcycle (see our motorcycle accident page)
- In a crash involving more than one vehicle
- In a single-vehicle accident, for example when the driver lost control on a wet road
- In a vehicle driven by a friend, partner or family member
What if the insurer says I am not entitled to ongoing benefits but I believe I am?
This is not uncommon, as insurers will aim to minimise their expenses.
The assessment by the insurer on a threshold injury is not conclusive. You are entitled to challenge the assessment by the insurer and Whitelaw McDonald Lawyers has successfully challenged a number of threshold decisions which have resulted in continuing benefits for clients and an entitlement to pursue common law damages for loss of earnings. To ensure you are given the best chance of receiving ongoing benefits beyond the first 52 weeks it is best to get advice well before the insurer issues their decision so that the claim can be properly assessed and the necessary medical evidence can be obtained.
What is the process for making a claim?
Here’s what happens when you contact us:
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Get in touch
Fill out a form, call our office or fill out our free claim check – it takes a few minutes and there’s no cost or obligation.
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Talk to a local lawyer
We’ll arrange an obligation-free consultation with one of our compensation lawyers to understand your situation and explain your options clearly.
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We handle the rest
If you decide to proceed, your lawyer will manage your claim from start to finish – dealing with insurers, gathering evidence, and fighting for the compensation you deserve.
Looking for answers?
Get Free Advice
At Whitelaw McDonald, we believe everyone deserves to know where they stand. Have a quick confidential, no-obligation chat with our legal team at no cost.
“[…] Once my legal team became involved, a large burden was lifted. They managed all communication with the insurer and assessors, explained each step clearly, and ensured my focus remained on recovery rather than administrative stress.
Overall, while the aftermath of the crash was one of the hardest times in my life, I would strongly recommend that anyone going through a similar CTP process seek professional legal guidance early — it makes a significant difference both practically and emotionally.”
— Aaron
Not Sure if You Have a Claim?
Not a problem – get in touch with our team, or use our free claim check tool.
Our Vehicle Accident Injury Lawyers
Matthew Berenger
Principal Director – Accredited Specialist Personal Injury.
Matt has particular expertise in vehicle accident claims, workers compensation claims, slip and falls, and other personal injury claims, including where an insurer has knocked back or reduced a claim. He has been described by clients as being highly knowledgeable on less straightforward cases, thorough, and transparent throughout the process.
Kelly Keane
Associate Director – Accredited Specialist Personal Injury.
Kelly has particular interest in institutional abuse cases, medical negligence, family provisions claims, workers compensation and motor accident claims. She is especially passionate about helping people who were or are in a vulnerable position, fighting on their behalf so that they can move forward with their lives.
Craig Stewart
Associate Director – Accredited Specialist Personal Injury.
Craig has special interest in motor vehicle accident claims, workers compensation claims, slip and fall claims, and wills, probate and estate litigation. Craig has over 25 years practicing in personal injury. He has successfully assisted thousands of clients in securing outcomes ranging from minor settlements to multi-million dollar compensation claims. Craig believes that even if a claim is small it is still important.
Mario Bechelli
Senior Associate – Personal Injury Law.
Mario has particular interest in personal injury law such as workers compensation and motor vehicle accident claims, as well as complex will and estate matters. He has over 40 years’ experience in personal injury, and has conducted claims in the Supreme Court, Personal Injury Commission and the District Court, and has been successful in obtaining substantial compensation for his clients.
Time limits apply – don’t wait
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Within 28 days
Report to police within 28 days
Make sure you get a police event number. You’ll need it for your claim.
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Within 28 days
Notify the CTP insurer within 28 days
Do this if you want your statutory benefits backdated to the day after the accident. You can still lodge later, but you may lose entitlement to backdated weekly payments.
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Within 3 months
Lodge your claim within 3 months of the accident at the latest
After that, you’ll need to provide a full and satisfactory explanation for the delay, and the insurer may refuse to accept it.
These are general time limits. Individual circumstances can change the outcome, so it’s best to get advice as early as you can.
The earlier you get advice, the more of your entitlement you protect. If you’re reading this some time after your accident, don’t assume it’s too late – get in touch and we’ll tell you exactly where you stand.
What our clients say
“Huge thanks to Matthew Berenger, Kelly and Makayla for all your assistance and support during my MVA claim. It was a tough, long road for me, but changing solicitors to Whitelaw McDonald, and specifically Matthew on recommendation, was definitely the smartest move I have ever made.
Matthew’s clear expertise in this field is without question, outstanding, and he was instrumental in securing for me a settlement far beyond my expectations.”
— Rebecca
“Very capable firm with a knowledgeable team.”
— Naomi S.
“Every step of the process was handled efficiently and with great attention to detail, making the experience completely seamless. Her communication was excellent — always responsive, clear, and proactive in keeping me informed. I truly felt like everything was taken case of, and I had complete confidence in her work throughout.
If you’re looking for a solicitor who is reliable and genuinely cares about getting things done right, look no further.”
— Kiani D.
Why people choose Whitelaw McDonald
We’re local.
We’re not a multinational firm with a satellite office here – we’re Newcastle born and based, and every case is handled by lawyers who live in the community.
Over 40 years of runs on the board.
Ross Whitelaw and John McDonald founded this firm in 1987. Since then, our team has recovered tens of millions of dollars for local people and their families. We handle motor vehicle accident claims of every kind – from minor soft tissue injuries to catastrophic, life-changing harm.
No Win, No Fee.
You don’t pay us unless we win your claim. We’ll explain exactly how costs work for your specific situation during your free first conversation, so there are no surprises.
A free, no-obligation first conversation.
Before anything else, we’ll sit down with you – in person, over the phone, or at your home or hospital bed if that’s easier – and talk honestly about whether you have a claim, and what your options are. We explain the process so you understand what’s involved. No pressure, no charge.
We help with the practical stuff too.
A motor accident doesn’t just affect your legal position – it affects your whole life. We help clients deal with the CTP insurer, coordinate medical assessments, and chase up paperwork so you’re not left fighting on two fronts while you recover.
Most claims resolve without ever going to court.
The vast majority of motor vehicle accident matters are settled through negotiation with the CTP insurer, or resolved through the Personal Injury Commission – not in a courtroom. We prepare every case as if it might go the distance, which is exactly why most don’t need to.
Get in touch today
You don’t need to have all the answers before you call us. Whether you’re not sure if you have a claim, you’re partway through a claim already and want a second opinion, or your claim has been disputed, get in touch for a free, no-obligation conversation.
Frequently Asked Questions
Can I claim compensation if I was injured as a passenger in NSW?
Passengers injured in a motor vehicle accident in NSW can claim through the CTP scheme, regardless of who was at fault. Family members of someone seriously or fatally injured may also have a claim. Get in touch for a free assessment of your specific situation.
Who pays if the driver was my friend or family member?
The claim is made against the CTP insurer of the at-fault vehicle, not against your friend or family member personally. If you’d like to talk it through before deciding, get in touch. There’s no obligation to go ahead.
Does making a claim mean I’m suing the driver?
No. Your claim is made against the CTP insurer of the at-fault vehicle, not against the driver personally.
Can I claim if the driver of my vehicle caused the accident?
Yes. If the driver of the vehicle you were in was at fault, the claim generally goes to that vehicle’s CTP insurer. If another vehicle was at fault, the claim goes to their insurer.
What if more than one vehicle was involved and fault is unclear?
You don’t need to work it out yourself. We find out who insures the vehicles involved and which insurer your claim should go to.
Can I claim if I was a passenger in a taxi, rideshare or bus?
Yes. Passengers injured in any motor vehicle accident in NSW can claim through the CTP scheme, whether the vehicle was a private car, taxi, rideshare vehicle or bus.
What happens if the other vehicle didn’t stop or was uninsured?
You can still make a claim. NSW’s Nominal Defendant scheme covers accidents involving uninsured or unidentified vehicles, including hit-and-run accidents.
What compensation can I claim as a passenger?
Everyone injured in a motor vehicle accident is entitled to statutory benefits for the first 52 weeks, covering lost income and medical expenses, regardless of fault. If you weren’t mostly at fault and your injuries meet the criteria, you may also be entitled to a common law damages claim covering pain and suffering, and loss of earning capacity.
What is a threshold injury?
“Threshold” injuries are essentially injuries classified as minor under the NSW CTP scheme. Statutory benefits for a threshold injury generally stop at 52 weeks, and a common law claim generally isn’t available. How your injury is classified can have a big effect on your entitlements, so it’s worth getting advice if you’re unsure. Examples of threshold injuries include whiplash, muscle strains, adjustment disorders, and other general soft-tissue injuries.
Is there a time limit for making a passenger accident claim in NSW?
Yes. You generally need to report the accident to police within 28 days, notify the CTP insurer within 28 days to have your statutory benefits backdated, and lodge your formal claim within 3 months. After 3 months, you’ll need to explain the delay to the insurer. Claims for lump sum compensation have their own time frames, so it’s best to get advice as early as possible.
Do I have to report the accident to police?
Yes. You’ll need a police event number for your CTP claim.
What if the insurer disputes my claim?
There are formal review and dispute-resolution pathways, and you don’t have to go through them alone. Read our guide: What to do when the insurer disputes your claim in NSW.
How much does a passenger accident lawyer cost?
We act on a No Win, No Fee basis for motor vehicle accident claims. You don’t pay us unless we win your claim. We’ll explain exactly how costs work for your situation during your free initial consultation.
How long does a passenger accident compensation claim take?
It depends on the complexity of your injuries and whether liability is disputed. Straightforward statutory benefits claims can be resolved within months, while common law damages claims involving more serious injuries typically take longer. Most claims are resolved through negotiation rather than court.
Can my family claim if a passenger was killed?
Yes, family members of someone fatally injured may also have a claim.