Nothing beats the thrill of riding a motorcycle, other than sharing that passion with a friend or loved one. However, what happens if an accident occurs? What rights do pillion passengers have in terms of bringing personal injury claims? What happens if the rider caused the accident - does the passenger need to bring a claim against the rider who might be their family or friend?
Whether you’re a rider or a passenger, it is helpful to understand the answer to these questions so that, should an accident ever occur, you know your rights, and the rights of your family and friends.
Passenger's Entitlement
In Queensland, to successfully bring a claim for personal injury arising from a motor vehicle accident, (including a motorcycle accident), the injured person has to prove that the person who caused the accident owed them a duty of care, that the duty was breached, and as a result, the claimant suffered an injury and loss (click here for an overview of what kinds of losses you can be compensated for).
All road users have a duty of care to other road users. Typically, reasons for attributing fault include the at-fault driver:
- Did not pay due care and attention whilst operating a motor vehicle;
- Did not maintain a safe distance to the vehicles in front;
- Did not operate their motor vehicle in a safe manner;
- Failed to maintain safe control of their vehicle so as to avoid a collision;
- Failed to keep a proper lookout for the safety of the injured person, as a road user;
- Was driving under the influence;
- Was driving over the speed limit;
This duty of care to other road users extends to pillion passengers, meaning motorcycle passengers have the same entitlements as the riders transporting them.
Some common scenarios that might give rise to a personal injury claim for pillion passengers include:
- A passenger is in an accident caused by another vehicle;
- A passenger is in an accident caused by the driver of the vehicle they were in or on.
Who does a passenger bring a claim against?
The scheme
Queensland operates a common law ‘fault’-based Compulsory Third Party (CTP) scheme. All motor vehicles (including motorcycles) used on Queensland roads must be registered. A portion of the registration fee goes towards CTP insurance which provides motor vehicle owners, drivers, passengers and other insured persons with an insurance policy that covers their unlimited liability for personal injury caused by, through or in connection with the use of the insured motor vehicle.
In principle, this all means that personal injury claims are brought against the CTP insurer of the vehicle at fault.
If another vehicle was at fault
If another motor vehicle user was at fault, the injured person could bring a claim against the CTP insurer of that vehicle.
If the motorcycle rider was at fault
If the rider of the motorcycle that the passenger was on was at fault, the injured passenger could bring a claim against the CTP insurer of that motorcycle.
The rider of the motorcycle will not be responsible for paying any compensation.
Accordingly, pillion passengers are able to seek compensation for their injuries and do not need to worry or feel guilty should their injuries be the result of an accident caused by the operator of the motorcycle they were on.
Unidentified or uninsured vehicle
Should the at-fault vehicle be uninsured or unknown (such as in hit-and-runs), a Queensland statutory body known as the Nominal Defendant is taken to be the CTP insurer (meaning there is no impact on the injured person’s claim – they are still entitled to compensation).
Assistance
It is always best to know your options. If you don’t ask, you could be missing out on your entitlements.
If you were a passenger in a motorcycle accident, or you know someone who was, please feel free to contact us to explore your options. We'll assist you in whatever way we can.