In New South Wales, the increasing use of rideshare services such as Uber, Ola, and DiDi has led to a rise in questions surrounding injury compensation. If you are injured in a rideshare accident—whether as a passenger, driver, or other road user—you may be eligible for compensation under NSW’s Compulsory Third Party (CTP) insurance scheme.
Who Can Claim Injury Compensation?
Under the Motor Accident Injuries Act 2017 (NSW), the following individuals may be entitled to compensation:
- Rideshare passengers injured during a trip
- Rideshare drivers injured in a collision
- Pedestrians, cyclists, or other motorists injured in a rideshare-involved incident
Unlike traditional taxis, most rideshare drivers operate their vehicles as independent contractors. This affects how insurance coverage is applied and how compensation is claimed.
What Kind of Compensation is Available?
Injured persons can access two primary types of compensation through the CTP scheme:
a. Statutory (No-Fault) Benefits
All injured road users, including rideshare passengers and drivers, are eligible for up to 12 months of benefits regardless of fault. These include:
- Medical and treatment expenses
- Income support if you can’t work
- Domestic and personal care assistance
If your injuries are assessed as non-threshold injuries (i.e. more serious soft-tissue, psychological or physical injuries), and you were not at fault, you may be entitled to extended benefits beyond 12 months.
b. Common Law Damages
In more serious cases, we can pursue common law damages for:
- Future lost earnings or reduced earning capacity
- Pain and suffering (if whole person impairment exceeds 10%)
These claims typically require legal representation and medical evidence. They must be lodged within three years of the accident.
What Is The Claim Process
Step 1: Seek Medical Attention
Even minor injuries should be documented. You will need a Certificate of Fitness completed by your treating doctor.
Step 2: Report the Accident
If you are injured, report the accident to NSW Police within 28 days, and ensure the crash is logged with the rideshare provider (e.g. Uber’s in-app incident report).
Step 3: Identify the CTP Insurer
CTP claims are made against the insurer of the at-fault vehicle. If fault is unclear, you may start the claim against the rideshare driver’s insurer.
To identify the insurer, Service NSW provides a free service called Green Slip Check.
Step 4: Lodge the Claim
Complete the ‘Application for Personal Injury Benefits’ form and send it to the appropriate CTP insurer.
The CTP claim for personal injury should be lodged within 28 Days from the accident date
Step 5: Seek Legal Advice
You may also want to consult a personal injury solicitor, specialising in motor vehicle accident compensation—especially if you're unsure about fault or the extent of your injuries. Many offer no win, no fee services.
What If the At-Fault Driver is Uninsured or Unknown?
In cases involving unidentified vehicles (e.g., hit and run) or uninsured drivers, a claim can be made through the Nominal Defendant, a statutory body that ensures coverage in such situations.
Are Rideshare Companies Liable?
Rideshare companies like Uber and DiDi may carry contingent liability insurance, but liability typically lies with the driver's vehicle insurance. Only in cases of corporate negligence (e.g. failure to de-platform a reckless driver) would you claim directly against the platform. Again, it is advised to get in touch with a specialist lawyer.
Get Legal Help With Your Injury Claim
At Law Advice, we help clients across NSW who have been injured in rideshare and motor vehicle accidents. If you’re unsure whether your injuries qualify, or need help with an existing claim, our experienced compensation lawyers can guide you through the process and help you secure the outcome you deserve.