Accidents involving rideshare vehicles, taxis, buses and trucks can raise questions about injury compensation and who is responsible. In Western Australia, a claim may be available under the compulsory third party (CTP) insurance scheme, depending on how the accident occurred, the vehicle’s registration and whether a driver’s negligence caused the injury. This article explains how these principles apply to different types of vehicle accidents, including collisions involving several vehicles.
Can I claim compensation if I am injured in an accident in a rideshare car?
Yes. If you are injured in a rideshare vehicle in Western Australia, you may be able to claim compensation under the WA compulsory third party (CTP) scheme. This can apply whether:
- you were a passenger in an Uber or DiDi
- the driver of the UBER or Didi
- the driver of the car that was hit by the UBER or DiDi car
- a pedestrian or cyclist hit by the Uber or Didi car.
The important question is whether the car that that caused the accident:
- was regoed in WA; and
- was driven negligently; and
- caused injuries
In WA, CTP insurance is connected to the registration of the car. The Motor Vehicle (Third Party Insurance) Act 1943 (WA) makes it compulsory to have a CTP policy to cover liability for negligence causing death or bodily injury directly caused by, or by the driving of, the insured vehicle. The Insurance Commission of Western Australia (ICWA) administers the scheme.
For a rideshare passenger, the fact that the journey was booked through an app does not mean that you have to make a claim against Uber or DiDi. The CTP position turns on the vehicle involved, the driver’s conduct and the cause of the injury.
Who do I claim compensation from if I was injured as a passenger in an Uber or DiDi?
If you are injured as a passenger in an Uber or DiDi vehicle in Western Australia, you make a motor injury compensation claim through the Insurance Commission of Western Australia. But the UBER or DiDi car must be registered in WA and its driver must be at fault.
This does not mean that Uber or DiDi itself is legally responsible for your injuries. The CTP scheme principally provides insurance for liability arising from the negligent driving of the insured vehicle. Under s 6 of the Motor Vehicle (Third Party Insurance) Act 1943 (WA), the compulsory policy covers the owner and driver in respect of liability for negligence causing death or bodily injury directly caused by, or by the driving of, the vehicle. Legislation WA
The particular circumstances can matter. For example, if another vehicle caused the crash, the relevant CTP claim may instead be against the negligent driver of that vehicle. In a multi-vehicle accident, more than one driver’s conduct may need to be looked at.
The UBER or DiDi driver name and vehicle details should be noted as part of the crash report and claim. ICWA provides an online crash report and injury-claim process for people involved in motor vehicle crashes, including passengers.
Does CTP cover passengers injured in taxis, buses and rideshare vehicles?
Generally, yes. A passenger injured because of the negligent driving of a WA-registered motor vehicle can make a CTP claim, and this can include passengers travelling in taxis, buses and rideshare vehicles. The Motor Vehicle (Third Party Insurance) Act 1943 requires a complying policy to insure against liability for negligence causing death or bodily injury directly caused by, or by the driving of, the vehicle.
The type of passenger vehicle does not, by itself, remove it from the CTP system. Transport WA’s current motor injury insurance information identifies separate insurance classes for vehicles used for hire or reward, including on-demand taxi vehicles, buses and other hire vehicles. WA also regulates rideshare services as part of its passenger transport framework.
However, CTP is not a no-fault compensation scheme for every injury suffered in a car crash. For an ordinary, non-catastrophic CTP claim, the injured person needs to establish that the fault or negligence of a driver caused your injury. ICWA states that a passenger may claim where the driver of the vehicle was at fault
There is an important separate scheme for catastrophic injuries. The motor injury insurance arrangements include the Catastrophic Injuries Support Scheme, which can provide treatment, care and support in circumstances where a person suffers a qualifying catastrophic injury in a motor vehicle accident, including circumstances where there is no negligent driver against whom a CTP claim can be made.
Can I claim compensation if I was injured in a taxi?
Yes, an injured taxi passenger may be able to claim compensation under the WA CTP scheme. You need to show that the taxi driver’s negligence caused the injury. The same basic CTP principles apply to a taxi as to other WA-registered motor vehicles. ICWA’s current motor injury insurance information identifies on-demand taxi vehicles as a specific class for motor injury insurance purposes.
For example, a passenger injured because a taxi driver was driving too fast, failed to keep a proper lookout or otherwise drove negligently, may have a claim. But the fact that an accident happened is not enough to automatically establish a claim. you must show that there was negligent driving. The circumstances of the crash and the available evidence need to be looked at.
The passenger may also have a claim where another road user caused the crash. For example, if a taxi passenger is injured because another driver runs a red light and collides with the taxi, the claim may be directed towards the CTP insurer associated with that other car.
The passenger’s own conduct can also be relevant. In simple terms, contributory negligence means that the injured person’s own failure to take reasonable care contributed to the injury. For example, not wearing an available seatbelt may be relevant to the assessment of a passenger’s claim. That does not mean that a passenger automatically loses the claim, the effect depends on the evidence and the circumstances.
Can I claim compensation after a bus accident?
Yes, an injured passenger or other road user may be able to make a CTP claim after a bus accident. That claim will either be against the bus driver if the bus driver drove negligently and caued the accident, or, against the driver of another vehicle who crashed into the bus.
The fact that the vehicle is a bus does not, by itself, determine who is legally responsible. The relevant questions may include how the accident happened, who was driving, whether the driver failed to take reasonable care, and whether that failure caused the injury. Depending on the circumstances, other potential sources of liability may also need to be considered.
For a passenger injured on a bus, evidence about what happened immediately before the accident can be particularly important. This might include information about sudden braking, excessive speed, the position of the passenger, whether the passenger was boarding or leaving the bus, closing of doors on a passenger etc. Statements from witnesses are very valuable. The passenger should report the injury and get appropriate medical treatment.
If the bus was registered in another State or Territory, the applicable interstate motor injury insurance scheme may need to be considered instead. ICWA specifically notes that a person injured by a vehicle registered in another State or Territory may need to contact that State or Territory’s motor injury insurer. Insurance Commission WA
Can I claim compensation after a truck accident?
Yes. A person injured in a truck accident may be able to make a CTP claim if the negligent driving of the truck, or another vehicle involved in the accident, caused the injury. CTP insurance is not limited to ordinary passenger cars. The Motor Vehicle (Third Party Insurance) Act 1943 applies to motor vehicles within its statutory definition, and the compulsory policy covers liability for negligence causing bodily injury directly caused by, or by the driving of, the insured vehicle.
Truck accidents can involve more complicated questions of responsibility than a straightforward two-car collision. For example, the evidence may need to consider the truck driver’s speed, lookout, lane position, fatigue, braking or manoeuvring, as well as the actions of other drivers. Depending on the facts, there may also be questions concerning employment relationships and workers compensation. Those issues should not be assumed without looking into them and getting advice.
The fact that a truck driver committed a traffic offence does not automatically establish fault and liability for a personal injury claim. Conversely, the absence of a traffic conviction does not necessarily mean that there was no negligence. Fault is determined by the applicable civil law and the evidence concerning the accident and the injury.
If you were a passenger in another vehicle, a pedestrian or another road user injured in a truck collision, you may be able to claim even though you were not travelling in the truck
Where a truck was registered outside WA, the applicable insurance scheme may be different. That issue should be confirmed from the vehicle’s registration and the circumstances of the accident before determining which insurer should receive the claim.
Can I claim compensation after a multi-car accident?
Yes. A person injured in a multi-car accident may be able to claim compensation, but identifying the responsible driver or drivers can be more complicated than in a two-vehicle crash. The important issue is not simply how many vehicles were involved. It is whether the conduct of one or more drivers caused the accident and the person’s injuries.
For example, one driver might collide into another vehicle, causing that vehicle to move into forwards into the path of a third vehicle. Alternatively, two drivers might each have contributed to the sequence of events. Evidence such as dashcam footage, CCTV, photographs, vehicle damage, witness accounts, police information and expert reconstruction may be relevant to determining what happened.
Establishing responsibility in a multi-vehicle personal injury claim requires care and depends on the applicable law, the causes of action and the particular facts. It should not be reduced to an assumption that each driver simply pays an equal share.
Who is responsible in a multi-car accident?
Responsibility in a multi-car accident depends on what each driver did, whether that conduct was negligent, and whether it caused or contributed to the injured person’s loss. There is no general rule that the driver who made the first impact, or the driver who received a traffic infringement, is automatically responsible for all resulting claims.
A driver is not liable for harm caused by a failure to take precautions against a risk unless the statutory requirements concerning foreseeability, significance of the risk and reasonable precautions are satisfied. This means that a person claiming may need to examine the conduct of several drivers separately. One driver may have caused the initial collision, while another driver’s conduct may have affected the severity or circumstances of the resulting accident. The evidence may ultimately establish that one driver was responsible, that more than one driver was responsible, or that the evidence does not establish negligence against a particular driver.
The injured person’s own conduct can also matter. If contributory negligence is established, the amount recoverable may be reduced according to the applicable law and the circumstances.
