Public transport accident compensation

Public transport accident claims: Your rights, our fight

Public transport accidents can profoundly impact victims, resulting in physical injuries, emotional trauma, and significant financial burdens. Following a recent landmark Court of Appeal decision, victims of public transport accidents are now entitled to more comprehensive compensation under the Motor Accidents Compensation Act 1999.

At GMP Law, we understand the complexities of public transport accident claims and are committed to helping you navigate the legal process to secure the compensation you deserve.

Our experienced team of lawyers specialise in public transport accident cases, ensuring that your rights are protected and your voice is heard.

Why Choose Gerard Malouf & Partners

Years Experience

98 %

Success Rate

$ 4 bn

In Claims Won

Understanding public transport accident claims

A public transport accident claim is a form of personal injury claim where the trauma resulted from an accident involving a public transport vehicle. Public transport can include passenger railways, water ferries, taxis, and government-operated buses. These claims can be filed by passengers, pedestrians, or other drivers affected by the accident. In most cases, the claim is lodged against the public transport operator of the involved vehicle.

Public transport accidents are now covered under the more generous Motor Accidents Compensation Act 1999, which provides broader compensation options compared to regular motor vehicle accidents. This means you may be entitled to:

Pain and suffering compensation (for injuries assessed at 11% whole person impairment or more)
Full compensation for past and future medical expenses with no caps
Past and future loss of income
Past and future care needs
Domestic assistance costs.

You may also be eligible for a public liability claim. These apply to situations where passengers are injured while on public transport. The transit operator has a duty of care to passengers, and if they’re negligent or fail in this duty, they may be liable for damages.

For example, if a person slips and falls on a light rail due to slippery floors, they may have a valid claim if they can prove their injuries occurred on the public transport vehicle and resulted from operator negligence.

We're here to help.

Eligibility for public transport accident compensation

You may be eligible for compensation if you’ve been injured in a public transport accident as:

A passenger on the public transport vehicle
A pedestrian struck by a public transport vehicle
A driver or passenger in another vehicle involved in a collision with public transport
A cyclist involved in an accident with public transport.

Examples of eligible scenarios include:

Injuries from sudden stops or starts
Accidents while boarding or alighting from public transport
Slips, trips, or falls on public transport vehicles or at stations
Collisions between public transport vehicles and other vehicles or objects.

Even if you’re uncertain, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.

Factors affecting compensation

Many factors can influence the amount of compensation you may receive, including:

Severity of injuries
Long-term impact on your life and work capacity
Medical expenses (current and future)
Loss of income and earning capacity
Pain and suffering
Level of fault attributed to the public transport operator.

At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.

No Win No Fee

Fee transparency that you can trust

At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.

How it works

No upfront costs

No contingency fee

We’ll only charge you if we win.

We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.

This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.

With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.

Frequently asked questions about public transport accident claims

How long do I have to file a public transport accident claim?

If you’ve been involved in a public transport accident, it’s important to be aware of the strict deadlines for filing a claim.

Here are the key timeframes to keep in mind:

- Police Report: You must report the accident to NSW police within 28 days.

Claims Timeline: For accidents after December 1, 2017, you must submit an Application for Personal Injury Benefits to the CTP insurer within three months.
General Limit: It’s crucial to commence any legal proceedings within three years of the accident date.

Taking quick action can help protect your rights and ensure you receive the maximum compensation you deserve.

How does the recent NSW Court of Appeal decision affect my public transport accident claim?

The February 2025 Court of Appeal decision means that if you’re injured in a public transport accident in NSW, your claim will be assessed under the more generous Motor Accidents Compensation Act 1999, rather than the more restrictive 2017 legislation.

This means:

You can claim full compensation for medical expenses without caps
You’re eligible for more generous pain and suffering compensation
There are fewer restrictions on claiming loss of income
You can claim comprehensive care and assistance costs.

What’s the difference between compensation under the 1999 Act versus the 2017 Act?

The 1999 Act (which now applies to NSW public transport accidents) provides significantly better compensation.

Under the 1999 Act:

Full compensation for all medical expenses (past and future)
Pain and suffering compensation for injuries assesses at 11% WPI or more
Complete coverage of past and future economic loss
Comprehensive domestic assistance coverage
No caps on most benefits.

Under the 2017 Act (which no longer applies to public transport accidents):

Limited statutory benefits
Stricter thresholds for pain and suffering compensation
More restricted access to ongoing benefits
Higher burden of proof for claims.

What if I’m not currently working or on Centrelink benefits?

Under the 1999 Act in NSW, you can still make a substantial claim even if you’re:

Receiving Centrelink benefits
Unemployed
Working part-time
Retired
A student.

You may be entitled to compensation for:

Loss of potential earning capacity
Impact on future employment prospects
Medical expenses
Care and assistance needs
Pain and suffering (if you meet the 11% WPI threshold)
Impact on your ability to perform domestic duties.

What if my public transport accident occurred in Victoria?

In Victoria, accident victims can make a claim with the Transport Accident Commission (TAC). TAC is a government-owned organisation that provides benefits to residents injured in transport accidents, including public transport. During the 2022-23 fiscal year, the TAC paid out $1.63 billion in compensation to over 45,000 people.

Are there compensation schemes for specific injuries?

Yes, some states have specific compensation schemes for certain injuries. For instance, if you’ve suffered a severe spinal cord injury in NSW, you may be eligible for the Lifetime Care and Support Scheme (LCSS), which can cover medical, rehabilitation, and other related expenses.

GMP Law offers free initial consultations to help individuals explore their options. Our experienced lawyers can guide you through the complex process of evaluating your situation.

Justice for victims of public transport accidents

At GMP Law, we’ve successfully represented clients from various walks of life, securing substantial compensation for public transport injuries sustained in motor vehicle accidents.

$65,000 compensation for elderly Sydney man injured on public bus

Background

An elderly man from Sydney’s Eastern Suburbs was injured when a public bus he was travelling on came to a sudden stop.

The challenge

The client suffered injuries to his left leg and right wrist, which significantly impacted his daily life. He lived with his disabled wife and was responsible for most domestic tasks and gardening work, which he could no longer perform after the accident.

GMP Law’s approach

Arranged for the client to be assessed by an orthopaedic surgeon
Attempted to resolve the matter quickly through a conferred with the defendant solicitors
Filed proceedings in the District Court of NSW when initial negotiations were unsuccessful
Secured a second settlement conference.

Outcome

We successfully negotiated a settlement of $65,000 in compensation, providing the client with financial support and acknowledgement of his injuries’ ongoing effects.

Real cases, real results

The compensation claim process: Your journey with GMP Law

We understand that the legal process can feel overwhelming, especially when you’re dealing with pain and recovery. At GMP Law, we’re here to guide you every step of the way:

Initial consultation

We’ll listen to your story, assess your case, explain your rights, and discuss potential compensation – all at no cost to you.

Evidence gathering

Our team will meticulously collect medical records, witness statements, and expert opinions to build a strong case.

Claim submission

We’ll handle all the paperwork and file your claim with the relevant insurance company or court.

Negotiation

We’ll handle all the paperwork and file your claim with the relevant insurance company or court.

Court representation

If necessary, we’ll represent you in court, fighting tirelessly to ensure you receive the compensation you deserve.

Ongoing support

We’re here to address any questions or concerns that arise along the way.

Our promise to you

Why trust GMP Law with motor accident injury claim?

At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.

We commit to

Clear, straightforward communication

Regular updates on your case as it progresses

A personal injury lawyer who understands your unique situation

Vigorous negotiation to maximise your compensation

Empathetic support throughout your journey

Specialised knowledge

Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.

Proven track record

We’ve successfully secured substantial compensation for numerous clients with a high success rate.

Difficult case policy

Our experienced team of senior lawyers and management closely oversees challenging cases to ensure optimal outcomes for our clients seeking accident injury compensation.