Pillion-passenger claims

How this accident occurs

• A pillion passenger is injured when the motorcycle collides with another vehicle.
• The rider loses control after braking, swerving, filtering or encountering a road hazard.
• Protective gear, helmet use and rider conduct may be disputed.

Who may claim

People injured in pillion-passenger claims may include drivers, passengers, riders, cyclists, pedestrians or nearby occupants depending on the facts. The person helping with the claim should identify the vehicle, insurer, fault allegations and medical evidence before accepting an insurer position.

Realistic examples

• A pillion is injured when a car changes lane into the motorcycle.
• A motorcycle brakes hard at an intersection and the pillion falls.
• A pillion is injured when the rider loses control on a road hazard.

Common injuries

• Fractures, knee, ankle, wrist, shoulder and back injuries.
• Head injury or concussion symptoms.
• Psychological injury and ongoing pain after being thrown or falling.

Accident-specific fault issues

• A pillion can claim where the rider or another driver may be at fault, subject to legal requirements and evidence.
• The pillion usually did not control the motorcycle, but seat position and protective equipment may still be raised.
• Rider speed, filtering, lane position and lookout can affect fault assessment.
• Claims may involve both rider conduct and another vehicle.

Evidence to preserve

• Helmet and protective gear photos, motorcycle damage and road-surface evidence.
• Dashcam, helmet camera, CCTV and witness details.
• Medical evidence separating pillion injuries from any pre-existing issues.

How can a NSW CTP claim be lodged?

A NSW CTP claim is not one single form for every entitlement. Statutory personal injury benefits, common law damages and death-related claims have different approved forms, evidence requirements and legal tests.

• Statutory personal injury benefits are claimed from the relevant CTP insurer using the current approved Application for Personal Injury Benefits or the NSW Government online claim process. A treating medical practitioner certificate and police event details should be provided where available.
• A common law damages claim is separate. It uses the current Application for Common Law Damages and depends on fault, injury classification and statutory requirements. Receiving statutory benefits does not automatically create a damages entitlement.
• A claim may be lodged directly with the insurer through accepted channels such as the NSW Government online claims system, an insurer online claim system, or the written approved form sent by email, personal delivery, facsimile or post where available.
• If a lawyer is instructed, the lawyer can help identify the insurer, prepare the approved forms, gather medical and accident evidence, and lodge the claim or dispute on the client's behalf.
• Where the registration number is known, insurer details can usually be checked through Service NSW registration information or SIRA CTP Assist. If the vehicle is uninsured or unidentified, the claim may need to proceed through the Nominal Defendant pathway.
• For a child or a person unable to make the declaration, the approved forms allow an appropriate parent, guardian, relative, friend or legal personal representative to assist or sign, with their relationship and reason for acting identified.
• If the accident occurred while working, a separate workers compensation claim may also be required and the CTP and workers compensation pathways should be coordinated.
• CTP covers personal injury or death arising from a motor accident. It does not cover ordinary vehicle repairs or property damage, which usually sit with property damage, comprehensive insurance or other recovery pathways.

Time limits, police reporting and late claims

The current NSW scheme has several different timing rules. The safest approach is to report the accident, obtain medical evidence and lodge the correct claim form as early as possible.

• Police reporting: the current SIRA personal injury benefits form says the accident must be reported to police within 28 days. A police event number should be provided, but the form also says a claim can still be submitted while that number is being obtained.
• Statutory benefits: a claim for statutory benefits is generally required within 3 months after the motor accident. A later claim needs a full and satisfactory explanation and must satisfy the Act's late-claim conditions.
• 28-day significance: if a statutory benefits claim is not made within 28 days, weekly payments are generally not backdated for the period before the claim is made unless the Regulation permits it.
• Accidents on or after 1 April 2023: backdated weekly payments may still be considered if the claim is made within 3 months and a full and satisfactory explanation is provided. The Regulation sets factors such as awareness of the right to claim, legal incapacity, illness or injury preventing earlier lodgement, and a 14-day deemed-acceptance rule if the insurer does not reject the explanation.
• Damages: a common law damages claim is generally required within 3 years after the motor accident. A late damages claim requires a full and satisfactory explanation and is assessed separately from any statutory benefits claim.
• Older scheme: accidents before 1 December 2017 were handled under the previous NSW motor accidents scheme and different forms/time limits, including older six-month claim concepts, may apply. This accident type cluster is written for the post-1 December 2017 scheme unless a page says otherwise.
• Review and dispute deadlines can be shorter and decision-specific. Internal review, medical assessment, merit review and PIC steps should be checked as soon as an insurer decision is received.