Posted on 23 Jul 2025

Uber, Taxi & Rideshare Accident Claims: What You Need to Know

What injuries can I claim for?

We’ve spent over 25 years helping people injured in taxis and rideshares get the compensation they deserve. Some of the most common injuries we’ve helped our clients claim for include:

Whiplash and soft tissue injuries.
Broken or fractured bones.
Spinal injuries.
Head or brain injuries, including a concussion.
Psychological conditions, such as PTSD, anxiety or depression.
Internal injuries or organ damage.
Burns, cuts, and lacerations.
Loss of limbs or amputation injuries.

No matter how minor your injury, make sure you see your GP. Not only does this ensure you get the treatment you need, but it’s also important evidence for any future Uber accident claims.

If your symptoms last for longer than a week, it’s a good idea to speak with an Uber car accident attorney. In a free consultation, we’ll let you know whether your condition qualifies for a claim and the kind of compensation you can expect.

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How much can I get for an Uber accident claim?

How much you receive in an Uber car accident claim depends on a few key things, like:

Whether you were a passenger or the driver.
How serious your injuries are.
If you’re able to return to work.
Whether you were partly at fault for the accident or your injuries.

What if I’m a passenger or the accident was another driver’s fault?

If the accident was someone else’s fault, you have the right to claim compensation through their CTP insurer. This can cover a wide range of costs and losses, including:

Lost wages and future earning capacity.
Medical, hospital, and rehab expenses (both past and future).
Help at home or ongoing care needs.
Reduced life expectancy (in very serious cases).
Pain and suffering (the impact the injury has had on your quality of life).

Pain and suffering (often called ‘non-economic loss’) is more subjective than other types of compensation. It’s not just about bills or payslips — it’s about how much the injury has affected your day-to-day life, your independence, and your ability to enjoy things you used to do. Because of this, payouts for pain and suffering can be substantial.

However, in most states, you’ll need to meet a minimum injury threshold to be eligible. That usually involves a medical assessment by an independent doctor, who gives you a rating based on your level of permanent impairment. This might be called a WPI (Whole Person Impairment) or ISV (Injury Scale Value), depending on where you live. The higher the rating, the higher your potential payout — though most states also set a maximum cap on pain and suffering compensation.

You can check the thresholds and payout limits for your state in the table below.

State	Requirements for claiming non-economic loss	Maximum compensation for non-economic loss
NSW	Your injury must be assessed at over 10% WPI.	$654,000
Victoria	You must have either: • 30% WPI or • A serious injury certificate from the Transport Accident Commission	$663,580
Queensland	You must have an ISV of 1 or higher.	$456,950
South Australia	You must have an ISV of 11 or higher.	$405,780
Western Australia	• Your injury must be assessed at over 5% Whole Person Impairment (WPI), and • Your claim must be worth over $25,500. This amount increases every year with inflation.	$485,000
Tasmania	Your claim must be worth more than $7,000. This minimum value increases every year due to inflation.	No cap on damages.
ACT	No requirements for claiming non-economic loss.	No cap on damages.

Remember, pain and suffering is just one part of your claim. You could also be entitled to medical costs, lost income, future treatment, and ongoing support. In many cases, you could get more for loss of earning capacity or ongoing treatment — especially if your injuries are serious or you were on a high income before the crash.

What if I’m the driver at fault for the accident?

If you were the driver and the accident was your fault, your right to claim compensation depends on which state you’re in.

In NSW, Victoria, Tasmania, the ACT and the Northern Territory, you can still make an Uber accident claim even if you caused the crash. However, if you’re in Queensland, South Australia or Western Australia, you’re only eligible for compensation if someone else was partly or fully responsible for the accident.

If your state allows at-fault Uber driver car crash claims, you may be entitled to:

Lost income if you’re unable to work due to your injuries.
Medical, hospital and rehabilitation expenses.
Help at home, whether from a professional carer or a family member.

Can my Uber accident compensation be reduced?

Yes, your compensation may be reduced if your own actions contributed to the accident or your injuries. This is called ‘contributory negligence’.

Common examples for passengers and Uber drivers include:

Not wearing a seatbelt.
Riding a bike or motorbike without a helmet.
Sitting in an unsafe or unsecured position (like the back of a van).
Getting into a car with a driver you knew was drunk or under the influence.

Additional examples of contributory negligence for Uber drivers include:

Texting, making calls, or using your phone illegally while driving.
Driving while distracted, like adjusting music or using in-car systems.
Speeding or failing to obey road signs and traffic signals.
Driving while tired or drowsy.

Importantly, contributory negligence doesn’t automatically stop you from claiming. It just means your payout might be reduced, depending on how much responsibility you’re found to have.

For example, if you were driving for Uber and got into an accident while using your phone to accept a ride or check directions, the insurer might argue that you were distracted and 40% responsible for the crash. That could reduce your compensation by 40%.

That’s why it’s so important to have an experienced Uber car accident lawyer in your corner. We’ll gather evidence to show you weren’t at fault — or argue that your contribution was much smaller than the insurer claims. This ensures you get the maximum compensation possible for your injuries.

What if no one’s at fault for the Uber accident?

Sometimes accidents happen where no one is really at fault. These are known as ‘blameless accidents’, and they can still leave you seriously injured. Common examples include:

A driver having a sudden medical episode, like a stroke or seizure.
An unexpected vehicle mechanical failure.
An animal running onto the road.
Dangerous road conditions or extreme weather.

If you’ve been injured in a blameless Uber accident, you might still be able to make a claim. It all depends on the laws in your state:

State	Can you make a blameless accident claim?
NSW, VIC, TAS, ACT, NT	Yes
QLD, SA	Yes, but since the CTP system is fault-based, blameless accident claims are more limited.
WA	No

Even if your state doesn’t automatically allow blameless accident claims, some CTP insurance policies include cover for blameless accidents. This means you could still be eligible for compensation through your insurer.

Not sure where you stand? Our Uber accident lawyers know the ins and outs of blameless accident laws in every state. We’ll explain your options clearly and give you free advice on what to do next.

How to make an Uber accident claim

No two Uber accident claims are alike, and the exact process will depend on whether you were a driver or a passenger.

If you got into an at-fault car accident while driving for Uber, you can only get compensation if you’re in NSW, Victoria, Tasmania, the ACT, or the Northern Territory. All you need to do is lodge a claim with your own insurer and wait for their response. Make sure you attach all the relevant documents, including receipts, doctor’s reports and payslips.

But if someone else caused the accident, the claims process will differ slightly. This also applies to any passengers injured while riding in an Uber, regardless of which state they’re in:

Before you dive into your Uber injury claim, it’s a good idea to speak with someone who knows the ins and outs. In your free consultation, we’ll explain your rights in plain English and give you a clear idea of how strong your claim is.

We’ll also check if you might be entitled to other benefits, like a Total and Permanent Disability (TPD) claim through your super. It’s all about making sure you don’t leave anything on the table.

To give your Uber accident claim the best shot at success, you’ll need strong evidence of what happened and how badly you were injured. Without the right evidence, your claim could get delayed or even denied.

That’s where our ridesharing accident lawyers step in. We work with a trusted network of medical specialists and accident experts across the country to build a strong case on your behalf. And with our No Win No Fee guarantee, you won’t pay a cent unless we win.

Once we’ve gathered all the right evidence, we’ll lodge your Uber accident claim with the at-fault driver’s insurer. If you’re eligible for other claims, we’ll take care of those too.

Before your claim can be finalised, you’ll need to attend a compulsory mediation with the at-fault driver’s insurer. But don’t worry, your lawyer will handle the whole process for you, keeping it as smooth and stress-free as possible.

In most cases, we’re able to settle at this stage thanks to our thorough prep work and decades of experience in Uber and taxi injury claims. But if the insurer still won’t pay what your claim is worth, we won’t hesitate to take your case to court and fight for the compensation you deserve.

Is there a time limit to make an Uber accident claim?

Yes, every state has its own deadline for starting an Uber accident claim:

State	Time limit to lodge a claim
NSW	* Within 28 days: lodge Accident Notification Form for early treatment expenses. * Within 3 months: lodge a Personal Injury Benefits Claim Form. * Within 3 years: start a common law damages claim.
VIC	* Within 12 months: lodge claim with TAC (Transport Accident Commission). * You may be able to lodge up to 3 years after the accident with a reasonable excuse.
QLD	* Within 9 months of the accident or one month of getting legal advice: lodge a Notice of Accident Claim Form (NOAC). * Final claim deadline: 3 years from accident date.
WA	* Within 1 year: recommended to notify Insurance Commission of WA. * Legal proceedings must begin within 3 years.
SA	* Within 6 months: lodge with CTP insurer. * 3 years to commence legal proceedings.
TAS	* Within 12 months: lodge claim with MAIB (Motor Accidents Insurance Board). * You may be able to lodge up to 3 years after the accident with a valid excuse.
ACT	* Within 13 weeks: lodge Motor Accident Injuries (MAI) claim. * Up to 3 years to commence court proceedings.
NT	* Within 6 months: lodge claim with TIO (Territory Insurance Office). * You may be able to lodge up to 3 years after the accident with a valid reason.

If you think you’ve missed the cut-off, don’t panic. You might still be able to claim — just get in touch now. Our Uber accident attorneys can apply for an extension on your behalf.

Over the years, we’ve helped hundreds of people get their claims approved after the deadline, including those injured in Ubers, taxis, and other rideshare vehicles.

How much will my Uber car accident claim cost?

We know many people hesitate to make a claim after an Uber accident because they worry about legal fees. At Monaco, we believe everyone deserves justice, no matter their financial situation.

That’s why we offer one of Australia’s most comprehensive No Win No Fee guarantees. We cover all costs upfront, and you don’t pay a cent unless we win your case. No hidden fees, no fine print, and no surprises.

Here’s what makes us different from other law firms:

No upfront costs: we cover everything, from expert reports to medical assessments, so you’re never out of pocket.
True No Win No Fee: many firms only waive their legal fees if your case isn’t successful, leaving you to pay every extra cost. But we cover all claim-related expenses, so you’ll never get a bill from us unless your claim succeeds.
Capped fees: if you win, our fees are capped at just 30% — well below the 50% charged by many other firms. Plus, we usually recover costs from the other party’s insurer, so you keep more of your payout.
Clear cost agreements: you’ll get a transparent, easy-to-understand breakdown of all fees before we begin work.
60-day risk-free trial: we offer a 60-day trial on all Uber accident claims. If you’re not happy, you can walk away without paying anything.

Want to know exactly how much your Uber car accident claim might cost? Contact us today for a free consultation.

Do I need a lawyer for an Uber accident claim?

You can legally make an Uber accident claim on your own, but having an expert on your side can make a big difference — especially if your case involves multiple vehicles, serious injuries, or a dispute over who was at fault.

An experienced Uber accident lawyer understands the specific rules around rideshare claims in your state and will make sure your rights are protected from start to finish. Here’s how we help:

Free claim check: we’ll review your case and explain what you’re entitled to, free of charge.
Access to the right doctors: we can connect you with medical professionals who specialise in car accident injuries and will document everything properly.
Full compensation calculation: we don’t just look at the obvious costs like medical bills and lost income — we consider future care, pain and suffering, and all the ways your injury has impacted you.
We deal with the insurer: we handle all negotiations with the insurer, saving you time and stress.
Extra entitlements: we’ll check if you qualify for other benefits, like a TPD payout through your super.

Frequently asked questions

If you’re an Uber driver involved in a car accident, your health comes first. Get medical treatment for your injuries right away, whether that’s at the scene, in a hospital, or through your GP.

Once you’ve received proper treatment, take these steps to support your future Uber car accident lawsuit claim:

At the scene

Gather driver details: if someone else caused the crash, get their name, licence number, and CTP insurance details.
Report the crash: let your insurer, the police and Uber know about the accident. Be sure to get a police report or reference number for your records.
Get witness info: if anyone saw the accident, ask for their contact details. If possible, get a short written or recorded statement — it can help prove what happened.
Take plenty of photos: record the scene with your phone, including photos of vehicle damage, road conditions, signs, injuries, and anything that helps show how the accident occurred.

After the accident

See your GP: ask for a medical certificate listing all your injuries, even if they seem minor. This helps create a clear and early record.
Track your symptoms: write down all your symptoms and how the injury is affecting your work, income, and day-to-day life.
Keep your receipts: hang onto receipts for medical treatment, medication, transport to appointments, and any care or support you’ve needed.
Speak to a lawyer early: get legal advice as soon as possible. In a free consultation, we’ll explain your rights, any benefits you may be entitled to and how to get the most out of your Uber driver car accident claim.

If you’ve been hurt in an Uber accident, your health is the first priority. Get medical help straight away, whether that’s from emergency responders, hospital staff, or your GP.

Once you’re safe and stable, here’s how to protect your right to compensation:

At the scene

Get the details: if another driver caused the crash, get their name, licence number, and CTP insurance info. If your Uber driver was at fault, keep your ride receipt and get their full details too.
Report the accident to Uber: you can do this through your Uber app.
Collect witness info: if anyone saw the crash, ask for their contact details. And if they’re willing, a short written or recorded statement can be hugely helpful.
Take photos: Use your phone to document the scene, including vehicle damage, skid marks, injuries, traffic signs, and anything that helps tell the story.

After the accident

See your doctor: ask your GP for a medical certificate listing all your injuries, even the minor ones. This helps document your condition early.
Report the crash: If your Uber driver hasn’t reported the accident to police, do it yourself. It’s always safer to report it and get a copy of the police report or reference number.
Track your symptoms: keep a personal log of your symptoms and how the injury affects your work, mobility, and daily life.
Keep your receipts: Hold onto anything you’ve paid for because of your injury, such as treatment, prescriptions, travel to appointments, or help at home.
Get legal advice early: speak to a lawyer as soon as you can. In a free consultation, we’ll explain your rights, what compensation you could be entitled to, and how to maximise your Uber car accident passenger claim.

Workers compensation is there to support you if you’re injured on the job — and that usually includes car accidents while driving for work. But if you’re driving for Uber, things aren’t as straightforward. Your right to workers comp depends on whether you’re an employee or an independent contractor.

The Fair Work Ombudsman has determined that Uber drivers are considered independent contractors, meaning it’s unlikely they can claim workers compensation. Taxi drivers are slightly more likely to be employees, but it all depends on the terms of their contract with the taxi company.

In recent years, some states have moved to strengthen protections for gig economy workers, such as Uber drivers.

In NSW, for example, the Labor Government introduced amendments to the Industrial Relations Act in March 2025. These reforms aim to improve working conditions for gig workers, including access to workers compensation entitlements. That said, many of these changes are still in the early stages and have not yet come into full effect.

Remember, even if you can’t access workers comp benefits, you’re still entitled to make an Uber accident claim if another driver caused the crash. This allows you to get the financial support you need without making a workers compensation claim. And if you’re responsible for the accident, you can still access basic compensation if you live in a state that allows at-fault claims.

Employees vs. independent contractors

To determine whether someone is an employee or an independent contractor, we look at things like:

Control over work: employees are told how and when their work needs to be done, whereas independent contractors have more flexibility.
Hours to work: employees have set hours, but independent contractors set their own schedules.
Tools and equipment: employees are given tools and equipment by their employer; independent contractors supply their own.
Method of payment: employees are paid a regular salary; independent contractors are paid per job, task, or quote.

Many people put off making a rideshare or taxi accident claim because they’re worried about the impact on a driver’s livelihood and finances. The good is that the driver won’t personally pay your compensation. When you make an Uber accident claim, your compensation is paid by the at-fault driver’s CTP insurer — not the driver themselves.

If you’re involved in an accident during an Uber trip, it’s important to report it as soon as possible. Here’s how:

Open the Uber app.
Tap on ‘Your Trips’ and select the trip where the accident occurred.
Scroll down and tap ‘Help’.
Under ‘Trip Issues’, choose ‘I was involved in an accident’.
Follow the prompts to provide details about the incident.

Uber’s support team will guide you through their internal process and may follow up for more information. However, Uber is not your legal advocate — their focus is resolving the matter from a platform perspective, not ensuring you receive full and fair compensation.

That’s why your next step should be speaking with an expert Uber car accident lawyer. In a free consultation, we’ll explain your rights, what claims you’re entitled to, and how to get compensation for the full impact on your health, work, and quality of life.

When it comes to Uber accident claims, solid evidence is key. The more detail you can provide, the stronger your case will be — and the better your chances of getting the compensation you deserve.

Here’s a quick checklist of the types of evidence that can help support your claim:

Police report or event number (if the accident was reported).
Crash report filed with the relevant authority, like the TAC in Victoria or the CTP insurer in NSW.
Photos of the scene, your injuries, damage to vehicles, road conditions, or signage.
Dashcam or CCTV footage (if available).
Witness statements.
Details of all drivers involved.
Rideshare receipts from Uber, DiDi, Ola or other platforms.
Medical records from your initial treatment and any ongoing care.
Scans and test results (X-rays, MRIs, ultrasounds, etc.)
A personal statement describing your symptoms, how the injury has affected your daily life, and any mental health impacts.
Work capacity certificates from your doctor showing time off work or changes to your duties.
Payslips, tax returns or employer statements showing your income before and after the accident.
Receipts for out-of-pocket expenses like medical bills, travel to appointments, domestic help or home modifications.

The sooner you start collecting this evidence, the better. But don’t worry — you don’t have to go it alone. Our rideshare accident attorneys know exactly what’s needed to build a strong claim, and will gather everything on your behalf.

Whether you’re injured as a passenger or driver, you generally can’t sue Uber after a car accident. Instead, you can claim compensation through a CTP claim against the at-fault driver’s insurer.

That’s because Uber is set up as a ‘platform’, not a transport provider, and its drivers are considered independent contractors. This usually means Uber itself is not legally responsible for accidents.

The only exception is if Uber’s own negligence caused the crash. For example, if a driver had a known history of reckless driving and Uber failed to properly vet them, you might be able to sue them directly.

However, suing Uber for a car accident is extremely complex, so it’s important to get legal advice early. We’ll help you lodge your CTP claim and explore every possible avenue for compensation — including any potential claim against Uber.

If the at-fault driver was unregistered, had no insurance, or fled the scene, you can still claim for a car accident in an Uber.

In cases where there’s no CTP insurer available, the claim is made through your state’s nominal defendant scheme. This government-backed safety net ensures you’re not left out of pocket just because the driver broke the law or can’t be identified.

The nominal defendant scheme provides the same entitlements as a regular claim, including:

Medical treatment and rehabilitation.
Lost income.
Pain and suffering (if you’re eligible).
Future care and support.

However, nominal defendant claims are complex and time-sensitive. Each state has strict deadlines and procedural requirements, and even small errors can lead to a denied claim.

That’s why it’s essential to consult a lawyer experienced in handling nominal defendant claims. We’ll manage the entire process, gather strong supporting evidence, and ensure all deadlines are met — so you can focus on your recovery while we fight for the compensation you deserve.