Injured as a passenger in a WA crash? You might have a passenger injury claim, no matter who caused it.
Motor vehicle accidents affect thousands of Western Australians each year, and passengers often suffer injuries through no fault of their own. In 2024 alone, 296 passengers were killed or seriously injured, with women affected more than men.
Western Australian Law recognises these risks and provides compensation through the Insurance Commission of Western Australia (ICWA).
Because passengers don’t control the vehicle, the law usually protects them from liability. This gives you an advantage when pursuing compensation. However, there are some circumstances where your own actions may reduce the amount you can claim.
This guide outlines your rights, the claims process, and how to secure the compensation you’re entitled to.
Your Rights as an Injured Passenger
As a passenger, you’re generally in a stronger position when making a compensation claim. Because you weren’t driving, fault is rarely an issue, which usually makes these claims more straightforward and can lead to better outcomes.
Your right to claim exists regardless of who was driving or your relationship with them. You may be eligible for compensation in many situations, including when you were:
- A passenger in a
- friend’s or family member’s vehicle
- hire car
- work vehicle or company car
- taxi or rideshare (e.g., Uber, Ola, DiDi)
- A passenger on a bus (public or private services)
- A pillion passenger on a motorcycle
- A passenger in an at-fault driver’s vehicle
- A passenger in a vehicle struck by an unknown or uninsured driver
Still, your compensation may be reduced if you contributed to your own injuries. Examples include:
- Not wearing a seatbelt
- Travelling in a vehicle when you knew the driver was under the influence of alcohol or drugs
- Riding a motorcycle or bicycle without a helmet
- Engaging in behaviour that distracted the driver or encouraged unsafe driving
In these cases, your entitlement isn’t lost — it’s simply adjusted based on your level of responsibility, called contributory negligence.
WA’s Support for Catastrophic Injuries
If a passenger suffers catastrophic injuries, there is no need to establish fault to receive compensation. WA’s Catastrophic Injuries Support Scheme provides access to treatment, care, and rehabilitation regardless of fault for passengers who receive catastrophic injuries, such as:
- Spinal cord injuries
- Traumatic brain injuries
- Multiple amputations
- Severe burns
- Permanent traumatic blindness
These measures support passengers in recovering, returning to work, and adjusting to lasting effects of their injuries.
What You Can Claim
Medical and Economic Losses
You can claim for:
- Hospital treatment and surgery
- Specialist consultations and rehabilitation services
- Medications and medical aids
- Psychological treatment and counselling
- Future medical expenses for ongoing care
If your injuries have caused you to miss work, you can also claim for lost wages and future loss of earning capacity.
Pain, Suffering, and Quality of Life
You can claim for pain and suffering, emotional distress, and reduced enjoyment of life. Courts assess this based on the seriousness of your injuries, how long recovery takes, and whether there’s a lasting impact.
Domestic Help and Support
If you can’t manage household tasks or personal care due to your injuries, you may claim the cost of assistance — including help provided by family or friends, or professional carers — both now and into the future.
How Much Can I Claim?
In Western Australia, compensation is assessed case by case, based on your treatment costs, lost income, and how the injury impacts daily life.
But for non-economic loss, the maximum payout is $485,000 for 2024–2025.
Establishing Fault and Liability
To succeed in a claim, you must prove that someone’s negligence caused the crash. Usually, this is the at-fault driver, but sometimes liability is shared. Common causes include:
- Speeding or reckless driving
- Distraction (for example, using a phone)
- Ignoring traffic signals
- Driving under the influence
- Poor vehicle maintenance
In multi-vehicle accidents, several drivers may share liability. In other cases, a vehicle owner, employer, or government authority responsible for road maintenance may be partly to blame.
If the driver of your vehicle caused the crash, you can still make a claim through the ICWA. Remember, you’re not suing the driver personally — you’re making a claim against their insurance policy.
Experienced Perth Compensation Lawyers like ours handle these situations with care to maintain relationships while protecting your rights.
How to Make a Passenger Injury Claim
Get Medical Treatment
Always see a doctor after an accident. Even minor injuries can worsen over time. Medical reports from the day of the crash help prove that your injuries were caused by the accident.
Report the Accident
If possible, report the crash to police. Their report provides independent evidence that can support your claim. Collect witness details, photos, and any other relevant information.
Notify the ICWA
- Lodge a claim with the ICWA within 3 years of the accident.
Gather Evidence
Keep records of:
- Photos of the scene and injuries
- Medical and rehabilitation reports
- Witness details
- Employment records showing income loss
- Daily journals describing how your injuries affect you
Seek Legal Advice
An experienced Motor Vehicle Accident Lawyer in Perth like ours can assess your claim, manage insurer communications, and ensure you receive fair compensation.
At Gajic Lawyers, we offer a no-win, no-fee arrangement, meaning you pay nothing unless your claim succeeds.
Common Challenges in Passenger Claims
While passenger claims are often straightforward, disputes can arise.
- Pre-existing conditions: The insurer may argue your symptoms existed before the crash. Detailed medical reports can separate pre-existing issues from accident-related injuries.
- Partial fault: If you contributed to your injuries (e.g. not wearing a seatbelt), your compensation may be reduced proportionally.
- Time Limits: Deadlines for lodging claims are strict, and missing them could prevent you from claiming.
Until When Can I Claim?
- Standard: You generally have 3 years from the date of the accident
- Children & Youth:
- Under 15: 6 years to start a claim
- Aged 15–17: up to age 21
- If the defendant is a close relative: up to age 25
- Courts may extend these periods if a guardian is involved
- Mental Disability: Special rules allow extensions, and courts may permit claims even after normal deadlines
How to Maximise Your Compensation
- Follow all medical advice and complete your rehabilitation program.
- Keep all receipts and records of expenses, even small ones.
- Request detailed medical reports explaining how your injuries affect your life and work.
- Don’t provide recorded statements without legal advice — they can be used against you.
What Happens if the At-Fault Driver Is Uninsured or Unknown?
If the at-fault driver has no insurance or cannot be identified, such as in a hit-and-run, ICWA acts as the Nominal Defendant to provide compensation. Report the accident to police promptly and supply as much information as possible about the vehicle or driver. For passengers with catastrophic injuries, the CIS scheme ensures access to treatment, care, and ongoing support even if no at-fault driver is found.
Can I Still Claim If No One Was At Fault?
Yes. Passengers can claim compensation in situations where no driver is at fault, such as when an animal suddenly enters the road, a driver has a medical emergency, or a vehicle suffers an unavoidable mechanical failure. If the injury is catastrophic, the CIS Scheme provides treatment, rehabilitation, and financial support regardless of fault.
Supporting Your Recovery from Day One
Passengers injured in motor vehicle accidents across Western Australia have strong rights to compensation for medical costs, income loss, pain and suffering, and future care. Even if you were partly at fault, you may still be entitled to compensation — though the amount could be reduced.
Our Perth Compensation Lawyers know how complex passenger injury claims can be. We listen without judgment and support you from start to finish, handling every case with care, professionalism, and empathy — especially when friends or family are involved.
We remove the financial risk — our no-win, no-fee approach means you can pursue your claim without worrying about upfront fees.
If you’ve been injured as a passenger, don’t delay! Book a FREE consultation now.
