If you’ve been hurt as a passenger in a car, bus, taxi, or rideshare in Western Australia, you’re likely entitled to make a personal injury claim through the Insurance Commission of Western Australia (ICWA). Passengers are almost never considered at fault in motor vehicle accidents, which puts you in a stronger position than most other road users. The problem? Most passengers don’t realise they can claim, or they wait too long to act.
A passenger’s personal injury claim is a compensation request made by someone who was injured while riding in a vehicle they weren’t driving. In WA, these claims go through the at-fault driver’s compulsory third-party (CTP) insurance, which is managed by ICWA. This covers medical expenses, lost wages, rehabilitation costs, and pain and suffering. You don’t need to pay anything upfront, and you have three years from the date of the accident to either settle or begin legal proceedings under the Limitation Act 2005 (WA).
I’ve worked with hundreds of injured passengers over the years. The single biggest mistake I see? People assume that because they weren’t driving, the process doesn’t apply to them. It does. And the clock starts ticking the moment the accident happens.
Do Passengers Have the Same Rights as Drivers After an Accident?
Passengers actually have a stronger legal position than drivers in most cases. Here’s why. As a passenger, you weren’t controlling the vehicle. You weren’t making decisions about speed, lane changes, or braking. In almost every scenario, someone else’s negligence caused your injuries.
There are only a few situations where a passenger might share some fault. If you got into a car knowing the driver was drunk, or if you chose not to wear a seatbelt, a court could reduce your compensation through what’s called “contributory negligence.” But even then, you don’t lose your right to claim. Your payout gets reduced, not eliminated.
One myth that keeps circulating is that you can’t claim against a friend or family member who was driving. That’s flat wrong. Your claim is against their CTP insurance policy, not against them personally. Common motor vehicle injuries like whiplash, fractures, and soft tissue damage are handled entirely through ICWA. The driver you know doesn’t write a cheque. Their insurer does.
According to ICWA’s own reporting, the Commission finalised $263.6 million in claims in a single financial year (a 19.7% jump from the prior period). That money went to people just like you. Passengers, drivers, cyclists, pedestrians. Anyone hurt because of someone else’s negligence on WA roads.
What Happens When a Bus or Coach Passenger Gets Hurt?
Bus and coach injuries work a little differently, and they’re trickier for one reason: evidence.
When you’re in a car accident, you generally know the other driver. You exchange details. Ambulances come. But on a bus, things move fast. The bus brakes hard, you fall and wrench your shoulder, other passengers shuffle around you, and by the next stop, you’re off the bus thinking you’re fine. Two days later, you can barely lift your arm.
I’ve seen this exact pattern play out dozens of times. The passenger leaves the bus, symptoms develop later, and then they’re stuck trying to figure out which route they were on, who was driving, and whether any witnesses saw what happened.
Most bus injuries fall into two categories. The first is a collision with another vehicle (rear-ends at bus stops are common). The second is sudden braking or the driver pulling away before you’ve had a chance to sit down. Both are valid grounds for a claim.
If you’re hurt on a bus, here’s what you need to do immediately. Get the bus number and route. Note the time and location. Ask the driver to record the incident. If there are CCTV cameras on the bus (and most have them), request that the footage be preserved. Transport operators don’t keep recordings forever, so time matters.
You’ll also need to identify and notify the correct bus company and report the incident to the Insurance Commission of Western Australia as soon as possible so evidence doesn’t disappear.
Rideshare accidents (Uber, DiDi, Ola) follow the same CTP claim process as any other motor vehicle injury. Your ride-hailing app stores the trip details, driver information, and timestamps, so evidence collection is simpler than a bus scenario. But don’t assume the app data will stay available forever. Screenshot everything before it vanishes from your history.
How Do You File a Passenger Injury Claim in WA?
The process isn’t complicated, but skipping steps early on costs people real money later. Here’s what it looks like in practice.
- Get medical treatment the same day. This is non-negotiable. Even if you feel fine at the scene, adrenaline masks symptoms. Whiplash, concussions, and internal soft tissue injuries often don’t show up for 24 to 72 hours. Industry data suggests that gaps in medical treatment can reduce settlement values by 30% to 50%. That’s potentially tens of thousands of dollars lost because you “felt okay” and went home.
- Report the crash. In WA, you should file a crash report online at crashreport.com.au. This creates an official record linking you to the incident.
- Notify ICWA. Lodge your claim with the Insurance Commission as early as possible. You don’t need a lawyer to start this process, but having one helps. Written notice of your intent to claim should be submitted without delay.
- Collect evidence yourself. Don’t rely on anyone else to do this. Photograph the scene, the vehicles, and your injuries. Write down names and contact details for every driver and witness. Save every medical receipt, pharmacy bill, and pay slip showing lost income. ICWA data shows that personal injury claims in WA have topped 4,000 in recent peak years, and the ones that settle well are the ones backed by strong documentation.
- Understand who was at fault. As a passenger, you’ll need to identify whether the at-fault party was the driver of your vehicle, another driver, or potentially both. In cases involving multiple vehicles and witnesses, establishing fault takes time, but the evidence you collect early shapes the outcome.
- Don’t accept the first offer. Insurers routinely lowball initial settlement offers. Practitioner forums and industry benchmarks consistently show that first offers sit 50% or more below what the claim is actually worth. This is where legal advice becomes more than helpful. It becomes necessary.
Why a Personal Injury Lawyer Changes the Outcome of Passenger Claims
Here’s the contrarian take most people don’t want to hear: for a genuinely minor injury (bruising, a few days of discomfort, no ongoing symptoms), you probably don’t need a lawyer. File with ICWA, follow the process, move on.
But the moment your injury affects your ability to work, requires ongoing treatment, or causes lasting pain, the calculus changes completely. Industry benchmarks from 2025 show that claimants represented by a lawyer recover two to three times more than those who represent themselves. That gap isn’t marginal. On a moderate injury claim worth $50,000 to $100,000, self-representation could leave $30,000 to $60,000 on the table.
Most personal injury lawyers in WA (Soul Legal included) work on a no-win, no-fee basis. You pay nothing unless your claim succeeds. Standard contingency fees sit around 33% to 40% of the settlement, but the net amount you receive is still higher than what you’d get going it alone. That’s not a sales pitch. That’s maths.
A good lawyer handles evidence gathering, medical coordination, insurer negotiations, and (if needed) court proceedings. They also know the specific rules around common law claims and payouts in WA, which is where the real money sits for serious injuries.
If you’re dealing with a whiplash injury after a rear-end collision, or something more severe like a fracture or traumatic brain injury, working with an experienced legal team that understands WA’s CTP system can make a significant difference to your outcome.
One Thing to Do Right Now If You Were Injured as a Passenger
Don’t wait. That’s it. That’s the takeaway.
The three-year limitation period under the Limitation Act 2005 (WA) sounds generous until you realise how quickly evidence degrades. CCTV footage gets overwritten. Witnesses forget details. Medical records become harder to connect to the accident the longer you delay.
If you were hurt as a passenger anywhere in Western Australia, report the crash, see a doctor, and talk to a personal injury lawyer before you do anything else. Most consultations are free. The worst outcome is finding out you don’t have a claim. The best outcome is recovering the compensation you’re legally owed and getting your recovery back on track.
Frequently Asked Questions
Can a passenger sue the driver of the car they were riding in?
Yes. In Western Australia, your claim goes through the driver’s compulsory third-party (CTP) insurance managed by ICWA, not against the driver personally. The insurer handles the payout. This applies whether the driver is a stranger, a friend, or a family member. It’s one of the most common myths that stops passengers from claiming.
How much compensation can a passenger receive for a car accident injury?
It depends on the severity. Minor injuries like bruising or mild whiplash typically settle between $5,000 and $15,000. Moderate injuries involving fractures or surgery range from $20,000 to $100,000. Severe injuries such as traumatic brain injuries or spinal damage can exceed $100,000 and reach well over $1 million. ICWA finalised $263.6 million in claims in a single financial year, covering injuries across all severity levels.
How long do I have to file a passenger personal injury claim in WA?
Under the Limitation Act 2005 (WA), you have three years from the date of the accident (or from when you became aware of your injury) to either settle or commence legal proceedings. Exceptions apply for minors and people with certain disabilities. Notifying ICWA should happen as soon as possible after the crash to avoid evidence problems.
Will making a passenger injury claim affect my relationship with the driver?
No. The entire process is handled through the driver’s CTP insurer. The driver doesn’t pay anything out of pocket. Many passengers avoid claiming because they’re worried about damaging a friendship. In practice, the driver is rarely involved beyond providing their version of events to the insurer.
Do I need a lawyer for a passenger’s personal injury claim?
For minor injuries with no lasting effects, you can manage the ICWA process yourself. But if your injury affects your work capacity, requires ongoing treatment, or involves a dispute over fault, legal representation makes a measurable difference. Industry data shows that claimants with lawyers recover two to three times more than those without.
What should I do immediately after being injured as a passenger?
See a doctor the same day, even if you feel fine. Photograph the accident scene, vehicles, and any visible injuries. Get the names and contact details of all drivers and witnesses. Report the crash online through ICWA’s portal. Gaps in medical treatment are one of the biggest reasons passenger claims lose value, with some estimates suggesting a 30% to 50% reduction in settlement.
Are rideshare passengers covered for injury claims in WA?
Yes. Uber, DiDi, and other rideshare passengers are covered under the same CTP insurance scheme as passengers in any private vehicle. Your ride-hailing app stores trip details, driver information, and timestamps. Screenshot this information promptly, as app data may not remain accessible indefinitely.
Rebecca Sorgiovanni is the Director of Soul Legal, a trusted Perth-based injury compensation lawyer with over two decades of experience representing injured clients in complex litigation and tribunals across Western Australia.
