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Recent court decisions (February 2025) have brought significant changes to how compensation claims for public bus accidents are handled in New South Wales. If you’ve been injured in a public bus accident, these changes could result in much higher compensation for you and your family.
In this article, we’ll explain who is eligible to make a claim, how these changes came about, and what they mean for the compensation you may be entitled to.
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If you have been injured on a public bus as a result of an accident, you may be eligible to make a public transport accident claim.
In NSW, the law defines a public transport accident as any incident caused by or arising from the use of public transport, including:
However, there are exceptions to this definition. The following are explicitly excluded:
If your accident involved one of the above forms of public transport, you may be eligible to claim.
Here are some scenarios that would make you eligible:
On 21 January 2019, what began as a routine bicycle ride through Sydney’s CBD turned into a life-altering tragedy. A four-year-old boy, riding on the back of his mother’s bicycle along Liverpool Street, was struck by an overtaking government bus. The collision was devastating, resulting in injuries so severe that the young boy’s right foot required amputation.
While the insurer accepted responsibility for the accident, what followed was a complex legal battle that would ultimately reshape how public transport accident claims are handled in NSW. The core of the dispute centred on which compensation scheme should apply: the more generous Motor Accidents Compensation Act 1999 or the more restrictive Motor Accident Injuries Act 2017.
The insurance company argued that the 2017 Act should apply, which would have greatly reduced the boy’s compensation to only statutory benefits and limited damages. However, the legal team representing the child argued that public transport accidents should still fall under the 1999 Act, which offers more comprehensive compensation.
Under the general rule, the 2017 Act replaced the 1999 Act for accidents occurring after 1 December 2017. Since the child’s accident took place after this date, the 2017 Act would typically apply. However, the child’s legal team believed that, based on the specific transition rules between the two laws, the 1999 Act should still apply in cases involving accidents with a State Transit Authority (STA) bus.
In a decisive victory for accident victims, the District Court ruled in favour of the young boy.
When the insurance company appealed, the NSW Court of Appeal upheld the lower court’s decision on 4 February 2025, confirming the more generous 1999 Act applies to public transport accidents, including those involving STA government buses.
The Court of Appeal’s decision highlighted several key points:
The 1999 Act provides significantly more compensation options compared to the 2017 legislation.
Here’s what you may be entitled to:
If your injury is assessed at 11% or more Whole Person Impairment (WPI), you can claim compensation for:
In comparison, the 2017 Act provides limited compensation options.
Under the 2017 Act, you are entitled to statutory benefits, which include:
Compensation under the 2017 Act is more restricted, primarily covering essential costs related to the injury rather than providing comprehensive compensation for all losses. Generally, you are unable to claim damages for pain and suffering, loss of enjoyment of life, or other non-economic losses.
While every case is unique, here are some potential compensation ranges under the Motor Accidents Compensation Act 1999.
Keep in mind that while the Act provides guidelines for calculating compensation, the exact amount will depend on factors such as the severity of the injury, its impact on your life, and any loss of earning capacity.
| Minor to moderate injuries | Simple fractures | $50,000 to $200,000 |
| Soft tissue injuries | ||
| Serious injuries | Complex fractures | $300,000 to $1,000,000 |
| Spinal injuries | ||
| Head injuries | ||
| Permanent disabilities | ||
| Catastrophic injuries | Severe brain injuries | $1,000,000+ |
| Quadriplegia | ||
| Multiple trauma |
The recent changes, which allow claims for both non-economic losses (such as pain and suffering) and economic losses, have expanded the range of people eligible to claim compensation.
Even if you’re receiving Centrelink benefits or are not currently employed, you can still make a substantial claim. The 1999 Act acknowledges:
Older claimants, even if retired, are still entitled to compensation for:
Those working part-time can claim for:
To ensure the success of your claim, it’s crucial to take immediate action in the following areas:
The success of your claim depends on taking swift action. With the more generous 1999 Act now applying to public transport accidents, it’s essential to act promptly to maximise your compensation potential.
With the recent changes, having experienced legal representation is more important than ever. GMP Law offers:
We are fully committed to ensuring that the process remains clear, manageable, and focused on achieving the best possible results for you.
If you’re considering making a public transport accident claim, contact GMP Law’s experienced team today.
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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