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      What is a public transport injury claim?

      Every day, millions of Australians rely on public transport to get around. But when accidents happen, the consequences can be life-changing. Whether you’re a driver, passenger, cyclist or pedestrian injured in a public transport accident, you could be entitled to significant compensation.

      In this guide, we’ll cover everything you need to know about making a public transport injury claim — from figuring out if you’re eligible to how much compensation you could get. If you’d rather talk to an expert lawyer right now, just give us a call. With over 25 years of experience in public transport injury claims, we’ll help you get the compensation you deserve.

      Can I make a public transport injury claim?

      Start your free online claim check

      Find out if you’re eligible for public transport injury compensation today.

      Check your claim nowIt only takes 2 minutes.

      You can make a claim if you’re injured on most forms of public transport, including:

      • Trains.
      • Metro transport.

      Importantly, your injury doesn’t have to be physical — you can also claim if the accident causes you to develop a psychological condition like anxiety, depression or PTSD.

      Common causes of public transport accidents

      Over the years, we’ve successfully handled hundreds of public transport accident claims. Some of the most common include:

      • Sudden or unsafe acceleration or braking of the vehicle.
      • Collisions with other vehicles or stationary objects.
      • Broken or faulty equipment on the bus, like seats or doors.
      • Slippery or uneven floors creating tripping hazards.
      • Poor road maintenance or bad infrastructure causing accidents.
      • Reckless or negligent driving.

      This is just a snapshot of the types of accidents we’ve helped our clients claim for. If you’ve been injured on public transport, chances are you’re entitled to compensation. Reach out to us today, and we’ll assess your situation to confirm if you have a claim — completely free of charge.

      How much compensation will I get?

      After a public transport injury, you may be entitled to different types of compensation based on factors such as the state you’re in, the nature of the accident, and the severity of your injuries.

      Depending on your situation, your compensation may include:

      • Lost income: both past and future earnings (including superannuation) if your injury affects your ability to work.
      • Care and support: professional care or support provided by family or friends. This also includes if you're unable to care for a child or anyone else who relied on you.
      • Other injury-related costs: medical expenses, travel costs, and any modifications required for your home or vehicle due to the injury.
      • Pain and suffering: a lump sum payment to compensate for the negative impact of the injury on your life. Each state has their own minimum impairment threshold you’ll need to meet. For example, in NSW, you’ll need to have at least 11% Whole Person Impairment (WPI) to claim compensation for pain and suffering.

      For a more detailed breakdown of compensation amounts, check out our comprehensive guide to motor accident compensation.

      What should I do if I’ve been injured on public transport?

      We know that the moments after a public transport accident can be overwhelming, but taking the right steps early on can make a big difference to your claim. Here’s what you should do if you’re involved in a public transport accident:

      If it’s safe to do so, try to get the registration number of the vehicle that caused your injury and the driver’s name. It’s also important to take plenty of photos of your injuries and any vehicle damage.

      If there are any witnesses, make sure to gather their contact details and statements. Witnesses can help support your claim by confirming what happened.

      As soon as you can, get checked out by a medical professional. Be sure to get a copy of your medical report, as it’s a crucial part of proving your injuries and linking them to the accident.

      Report the accident to the relevant authorities as soon as possible, ideally within 24 hours. Time limits vary by state, so check the requirements for your area (for example, in New South Wales, you need to report the accident within 28 days).

      It’s essential to speak with an expert public transport injury lawyer after the accident. In a free consultation, we’ll listen to your story, help you understand your rights and explain the best way to maximise your compensation

      How our lawyers can help with your claim

      With over 25 years of experience handling public transport injury claims, our lawyers will get you the compensation you deserve. Here’s how we can help with your claim:

      • During a free consultation, we’ll provide expert legal advice on your rights and what you’re entitled to claim.
      • Your lawyer will gather strong evidence of your injuries, along with any proof of negligence by the driver or transport company. We’ll also cover the upfront costs of this evidence, so you’re never a cent out of pocket.
      • We’ll handle all the negotiations with the transport company’s insurer, ensuring they don’t undervalue your claim.
      • If your claim is denied or the settlement offered is unfair, we’ll take the necessary steps to challenge it.
      • We’ll find all your other possible claims, such as workers compensation or Total and Permanent Disability. This ensures you get the maximum compensation for your injury.

      Are there time limits for making a claim?

      Yes, there are strict time limits for making public transport accident claims.

      In NSW, you must report the accident to the police within 28 days. After that, you’ll need to lodge an Application for Personal Injury Benefits form within three months, submitting it to the Personal Injury Commission.

      If you’ve missed the deadline in your state, you still have options. Our team of experienced public transport accident lawyers know the ins and outs of time limits in every state and can apply for an exception on your behalf.

      Over the years, we’ve successfully helped hundreds of clients navigate delayed claims and secure the compensation they deserve. Don’t let a missed deadline hold you back — get in touch, and we’ll assess your situation for free.

      How much will my public transport injury claim cost?

      The cost of your public transport injury claim depends on its complexity and the time it takes to resolve. But don’t worry — with our No Win No Fee guarantee, you’re always protected.

      • Zero financial risk: we cover all costs, including expert evidence, legal fees, and administrative expenses — and there’s nothing to pay unless we win your claim.
      • Clear upfront fees: you'll get a full breakdown of our fees from the start, so there are no surprises.
      • Avoid court costs: we specialise in settling claims through mediation, saving you the time, stress, and expense of going to court.
      • Lower legal fees: in most cases, we recover our legal fees from the other party, meaning you keep more of your compensation.
      • 90-day risk-free trial: try our services risk-free for 90 days. If you cancel at any time during this period, you won’t be charged.

      Frequently asked questions

      If your actions contributed to your injuries, your compensation might be reduced under the concept of contributory negligence. For example, if you weren’t wearing a seatbelt during a public transport accident, the insurer could claim you’re partially at fault. If they determine you’re 50% responsible, your payout would also be reduced by 50%.

      The good news is that contributory negligence only affects certain parts of your claim, like compensation for lost earnings or permanent impairment. Other types of compensation, such as medical expenses or care costs, aren’t reduced because of this.

      Our lawyers are experts at dealing with insurers and know how to push back if they claim you’re partly to blame for your injuries. We’ll gather and present strong evidence to challenge those claims or argue that your percentage of contributory negligence should be reduced. This ensures you get the highest compensation possible for your situation.

      As part of our full service, we help identify any additional claims you may have beyond your initial public transport accident claim. These could include workers compensation, common law negligence, income protection, and Total and Permanent Disability (TPD) claims.

      Here’s a quick overview of each type, including the eligibility criteria and potential compensation amounts:

      Workers compensation claims

      If you were driving a public transport vehicle for work during your accident, you might be eligible for a workers compensation claim. This compensation can help cover:

      • Lost earnings: up to 95% of your pre-injury income.
      • Medical expenses: including hospital stays, treatments, and rehabilitation.
      • Support services: such as rehabilitation and counselling.
      • Travel expenses: costs for medical appointments or treatments.

      If your injury is permanent, you may also be entitled to a lump sum payment. However, you typically need to meet a state-specific minimum impairment threshold. For example, in NSW, you must have more than 11% Whole Person Impairment (WPI) to qualify for a lump sum.

      For more details on how to claim a permanent impairment payment, check out our guide to lump sum workers compensation.

      Ready to start your claim? Head to our easy five-step guide to make a workers compensation claim, or speak to one of our expert lawyers today.

      Common law claims

      You might be eligible for a workplace common law claim if you meet these two conditions:

      • You were working at the time: this includes being on duty, driving between work sites, or commuting between work and home.
      • Employer negligence contributed to the accident: for example, if your employer failed to maintain the vehicle or provide adequate driver training.

      A successful common law claim can lead to a substantial lump sum compensation, covering future lost wages, medical expenses, and more. However, keep in mind that pursuing this claim might affect your eligibility for weekly workers compensation payments.

      Before proceeding, we strongly suggest speaking with an experienced bus accident lawyer who can help you understand your options and ensure you receive the full benefits you’re entitled to.

      Income protection claims

      If you’re temporarily unable to work because of a public transport accident, you may be eligible for income protection payments. Depending on your specific circumstances, you could receive:

      • Wage-replacement payments, typically provided every month.
      • Up to 75% of your regular income, including superannuation.
      • Payments for a set period, such as 2 years, 10 years, or even until retirement age, depending on the terms of your policy.

      Total and Permanent Disability (TPD)

      If a public transport injury permanently prevents you from returning to work, you may qualify for a Total and Permanent Disability (TPD) claim. Unlike income protection or weekly workers compensation payments, a TPD benefit provides a substantial lump sum that can help support you for the long term. Often, this coverage is included in your superannuation policy, which means you might already have TPD insurance without even realising it.

      If your loved one died in a public transport accident, you may be entitled to different types of compensation, depending on your relationship to the deceased:

      Funeral Expenses

      You can claim the reasonable costs of the funeral, including travel expenses for attending the funeral. This applies to spouses, children, and other financial dependents.

      Lump Sum Payment

      Dependents of the deceased may also be eligible for a lump sum payment. In NSW, for instance, dependants can claim up to $80,000. If there are multiple claimants, the amount is shared based on their level of dependence on the deceased.

      Extra Benefits

      Spouses and children can claim further benefits. A spouse may claim up to 50% of the deceased’s weekly earnings for monetary loss. Children can claim up to 32% of the weekly income, typically until they turn 21 or become financially independent.

      The exact compensation available depends on the laws in your state, so it’s important to seek legal advice for a more specific assessment.

      Nervous shock claim

      In addition, you may be eligible to make a nervous shock claim if your loved one’s death causes you to develop a recognised psychological condition. A successful claim offers compensation similar to a public transport injury claim, including lost income, pain and suffering, home care, and other costs related to your injury.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Vanessa Azzi
      Senior Associate
      • English, Arabic
      • Motor Vehicle Accidents, Public Liability, Work Injury Damages
      View full bio
      Kathryn Morcos
      Solicitor
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accidents
      View full bio
      Madeleine Jennings
      Paralegal
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accident, Product Liability
      View full bio
      Meet more of the team

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      I'm glad my friend recommended Monaco. I was happy with the result.

      Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.

      Google Posted by Chris Kay
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      Monaco is the place to go for a lawyer that cares. You're in safe hands.

      They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.

      Google Posted by Daniella Fraser
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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

      Google Posted by Debby McDonald
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      Leon Monaco & team member

      How we can help you

      For over 25 years, we’ve helped people injured in public transport accidents get the compensation they deserve. As part of our comprehensive service, we’ll always:

      • Clarify your rights and what you can claim.
      • Collect strong evidence of your injuries and the bus driver or company’s negligence.
      • Negotiate with the bus company’s insurer on your behalf.
      • Appeal your claim if it’s denied or the insurer offers an unfair settlement.
      • Identify additional claims, such as workers compensation payments or a TPD benefit.
      • Ensure you receive compensation for the full impact of your injuries.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $900,000

      Public Transport Injury Lawyers
      Motor Vehicle Accidents

      After leaving her first lawyer, Anastasia finally got justice for her debilitating car accident injuries

      Anastasia seriously injured her neck and lower back when a vehicle crashed into her car. She was rushed to surgery. Though this improved her physical condition, Anastasia...

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      $450,000

      Public Transport Injury Lawyers
      Motor Vehicle Accidents

      Cyclist riding without a light still gets full compensation

      Jasper was injured and unable to work after a car collided with his bike. The insurer tried to argue that Jasper was partially responsible for his injuries....

      Read more

      $1.72 million

      Public Transport Injury Lawyers
      Motor Vehicle Accidents

      Injured bicyclist Robert wins maximum compensation after car collision

      After Robert's bike was struck by a motor vehicle, we leveraged our expertise to secure a substantial payout that covered his future lost income and pain and...

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      $1 million

      Public Transport Injury Lawyers
      Motor Vehicle Accidents

      Ryan won 2 claims after a motorbike accident left him with catastrophic foot injuries

      Ryan was just 26 when he was knocked off his motorcycle by a car. We helped secure his financial future with both a motor vehicle accident and...

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      $660,000

      Public Transport Injury Lawyers
      Motor Vehicle Accidents

      Steve won extra compensation by making 2 claims for his bike accident injury

      A car collided with Steve’s bike as he rode home from work. Despite extensive surgery, Steve lost much of his bodily function. His physical disabilities meant he...

      Read more

      $815,000

      Public Transport Injury Lawyers
      Motor Vehicle Accidents

      Tina gets substantial compensation after car crash, despite pre-existing injuries

      When Tina’s car was rear-ended, she collided with the vehicle in front, leaving her with significant neck, shoulder, and lower back injuries. She required medical treatment and...

      Read more

      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

      Get free claim advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your claim check online Call 1300 769 665 Email us