Written by: Rita Furfaro
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.
Eligibility criteria for bus injury compensation
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:
- Passenger railways
- Water ferries
- Taxis
- Government-operated buses
However, there are exceptions to this definition. The following are explicitly excluded:
- Air transport
- Tourist-focused transport
- Recreational transport services
- Amusement devices (which refers to rides or attractions at theme parks, carnivals, or other similar venues)
- Accidents where liability falls outside the responsibility of the owner, driver, or person in charge of the public transport vehicle.
Who can make a claim?
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:
- A passenger on a public bus, train, or water ferry
- A pedestrian hit by a public bus, train, or water ferry
- A cyclist involved in an accident with a public bus or train
- A motorist whose vehicle was hit by a public bus or train
- Someone injured while boarding a public bus, train, or water ferry.
How recent changes to public bus accidents in NSW impact you
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 legal argument
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.
The verdict
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.
What makes this ruling so important?
The Court of Appeal’s decision highlighted several key points:
- Public transport accidents, specifically those involving state-operated buses, fall under Section 121 of the Transport Administration Act 1988 (NSW)
- Damages for public transport accidents must be assessed under the 1999 Act
- Public transport claims include those involving passenger railways, water ferries, taxis and government-operated buses
- The 2017 Act applies specifically to motor vehicle accidents
- Government transport services were not intended to be subject to the limitations of the 2017 Act, which was primarily designed to reduce insurance costs for private motorists.
Call us for confidential, free legal advice.
What this means for your compensation claim
The 1999 Act provides significantly more compensation options compared to the 2017 legislation.
Here’s what you may be entitled to:
Non-economic loss (pain and suffering)
If your injury is assessed at 11% or more Whole Person Impairment (WPI), you can claim compensation for:
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement
- Loss of amenities of life.
Medical and treatment expenses
- Past medical expenses with no caps
- Future medical treatment costs
- Rehabilitation expenses
- Therapeutic equipment and aids
- Medication costs
- Travel expenses for medical appointments.
Economic loss
- Past loss of income from the date of the accident
- Future loss of earning capacity
- Lost superannuation benefits
- Loss of future employment opportunities
- Impact on career progression.
Domestic assistance
- Past domestic help costs
- Future care needs
- Home modification expenses
- Commercial care services.
What compensation can you claim under the 2017 Act?
In comparison, the 2017 Act provides limited compensation options.
Under the 2017 Act, you are entitled to statutory benefits, which include:
- Compensation for medical and treatment expenses (with set limits)
- A set amount for lost income (based on statutory limits)
- Payments for rehabilitation costs.
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.
What compensation can you expect under the 1999 Act?
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 | $50,000 to $200,000 | |
| Serious injuries | Complex fractures | $300,000 to $1,000,000 |
| Spinal injuries | $300,000 to $1,000,000 | |
| Head injuries | $300,000 to $1,000,000 | |
| Permanent disabilities | $300,000 to $1,000,000 | |
| Severe brain injuries | $300,000 to $1,000,000 | |
| Catastrophic injuries | Quadriplegia | $1,000,000+ |
| Multiple trauma | $1,000,000+ |
Find out how much you can claim today.
How do these changes affect different types of claimants?
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.
Non-working claimants
Even if you’re receiving Centrelink benefits or are not currently employed, you can still make a substantial claim. The 1999 Act acknowledges:
- Loss of potential earning capacity
- Impact on future employment prospects
- Domestic assistance needs
- Medical expenses
- Compensation for pain and suffering.
Pensioners
Older claimants, even if retired, are still entitled to compensation for:
- Medical expenses
- Care needs
- Home modification costs
- Pain and suffering
- Loss of ability to perform domestic tasks.
Part-time workers
Those working part-time can claim for:
- Lost income based on actual earnings
- Future earning capacity losses
- Potential career progression impacts
- All medical and care needs.
What steps should you take after a bus accident?
To ensure the success of your claim, it’s crucial to take immediate action in the following areas:
1. Seek immediate medical attention
- Seek medical care right away and keep detailed records of all treatments
- Keep track of all injuries, symptoms, and out-of-pocket medical expenses.
2. Gather evidence
- Take photos of injuries and the accident scene
- Collect contact information from witnesses and obtain CCTV footage, if available
- Save all medical receipts, reports, and any communication with insurers.
3. Meet legal requirements
- Report the accident to the police within 28 days
- Lodge your claim with SIRA within six months to avoid missing your window for filing
- Consider seeking legal advice early to guide you through the process.
4. Keep thorough documentation
- Keep a diary of your symptoms and limitations, as well as time off work
- Record any additional expenses and save all correspondence related to your claim.
How GMP Law can help maximise your claim
With the recent changes, having experienced legal representation is more important than ever. GMP Law offers:
Comprehensive case management
- Free initial consultation to assess your claim
- Regular updates on the progress of your case
- Coordination with medical experts
- Efficient evidence-gathering and documentation
Expert legal strategy
- In-depth understanding of the law (including both the 1999 and 2017 Acts)
- Specialisation in public transport accident compensation
- Over 35 years of experience
- $4 billion in claims won
- Strong negotiation skills, with most claims settled before trial
- Ready to fight for your justice in court when needed.
Support
- No Win No Fee arrangements
- 90-day exit period: If we’re not the right fit, you can walk away within 90 days with no cost or legal risk
- Client-focused approach, with clear communication about your entitlements
- Regular case reviews and personalised attention to your specific needs
- Support throughout the entire claims process.
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.
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.
Eligibility criteria for bus injury compensation
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:
- Passenger railways
- Water ferries
- Taxis
- Government-operated buses
However, there are exceptions to this definition. The following are explicitly excluded:
- Air transport
- Tourist-focused transport
- Recreational transport services
- Amusement devices (which refers to rides or attractions at theme parks, carnivals, or other similar venues)
- Accidents where liability falls outside the responsibility of the owner, driver, or person in charge of the public transport vehicle.
Who can make a claim?
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:
- A passenger on a public bus, train, or water ferry
- A pedestrian hit by a public bus, train, or water ferry
- A cyclist involved in an accident with a public bus or train
- A motorist whose vehicle was hit by a public bus or train
- Someone injured while boarding a public bus, train, or water ferry.
How recent changes to public bus accidents in NSW impact you
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 legal argument
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.
The verdict
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.
What makes this ruling so important?
The Court of Appeal’s decision highlighted several key points:
- Public transport accidents, specifically those involving state-operated buses, fall under Section 121 of the Transport Administration Act 1988 (NSW)
- Damages for public transport accidents must be assessed under the 1999 Act
- Public transport claims include those involving passenger railways, water ferries, taxis and government-operated buses
- The 2017 Act applies specifically to motor vehicle accidents
- Government transport services were not intended to be subject to the limitations of the 2017 Act, which was primarily designed to reduce insurance costs for private motorists.
Call us for confidential, free legal advice.
What this means for your compensation claim
The 1999 Act provides significantly more compensation options compared to the 2017 legislation.
Here’s what you may be entitled to:
Non-economic loss (pain and suffering)
If your injury is assessed at 11% or more Whole Person Impairment (WPI), you can claim compensation for:
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement
- Loss of amenities of life.
Medical and treatment expenses
- Past medical expenses with no caps
- Future medical treatment costs
- Rehabilitation expenses
- Therapeutic equipment and aids
- Medication costs
- Travel expenses for medical appointments.
Economic loss
- Past loss of income from the date of the accident
- Future loss of earning capacity
- Lost superannuation benefits
- Loss of future employment opportunities
- Impact on career progression.
Domestic assistance
- Past domestic help costs
- Future care needs
- Home modification expenses
- Commercial care services.
What compensation can you claim under the 2017 Act?
In comparison, the 2017 Act provides limited compensation options.
Under the 2017 Act, you are entitled to statutory benefits, which include:
- Compensation for medical and treatment expenses (with set limits)
- A set amount for lost income (based on statutory limits)
- Payments for rehabilitation costs.
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.
What compensation can you expect under the 1999 Act?
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 | $50,000 to $200,000 | |
| Serious injuries | Complex fractures | $300,000 to $1,000,000 |
| Spinal injuries | $300,000 to $1,000,000 | |
| Head injuries | $300,000 to $1,000,000 | |
| Permanent disabilities | $300,000 to $1,000,000 | |
| Severe brain injuries | $300,000 to $1,000,000 | |
| Catastrophic injuries | Quadriplegia | $1,000,000+ |
| Multiple trauma | $1,000,000+ |
Find out how much you can claim today.
How do these changes affect different types of claimants?
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.
Non-working claimants
Even if you’re receiving Centrelink benefits or are not currently employed, you can still make a substantial claim. The 1999 Act acknowledges:
- Loss of potential earning capacity
- Impact on future employment prospects
- Domestic assistance needs
- Medical expenses
- Compensation for pain and suffering.
Pensioners
Older claimants, even if retired, are still entitled to compensation for:
- Medical expenses
- Care needs
- Home modification costs
- Pain and suffering
- Loss of ability to perform domestic tasks.
Part-time workers
Those working part-time can claim for:
- Lost income based on actual earnings
- Future earning capacity losses
- Potential career progression impacts
- All medical and care needs.
What steps should you take after a bus accident?
To ensure the success of your claim, it’s crucial to take immediate action in the following areas:
1. Seek immediate medical attention
- Seek medical care right away and keep detailed records of all treatments
- Keep track of all injuries, symptoms, and out-of-pocket medical expenses.
2. Gather evidence
- Take photos of injuries and the accident scene
- Collect contact information from witnesses and obtain CCTV footage, if available
- Save all medical receipts, reports, and any communication with insurers.
3. Meet legal requirements
- Report the accident to the police within 28 days
- Lodge your claim with SIRA within six months to avoid missing your window for filing
- Consider seeking legal advice early to guide you through the process.
4. Keep thorough documentation
- Keep a diary of your symptoms and limitations, as well as time off work
- Record any additional expenses and save all correspondence related to your claim.
How GMP Law can help maximise your claim
With the recent changes, having experienced legal representation is more important than ever. GMP Law offers:
Comprehensive case management
- Free initial consultation to assess your claim
- Regular updates on the progress of your case
- Coordination with medical experts
- Efficient evidence-gathering and documentation
Expert legal strategy
- In-depth understanding of the law (including both the 1999 and 2017 Acts)
- Specialisation in public transport accident compensation
- Over 35 years of experience
- $4 billion in claims won
- Strong negotiation skills, with most claims settled before trial
- Ready to fight for your justice in court when needed.
Support
- No Win No Fee arrangements
- 90-day exit period: If we’re not the right fit, you can walk away within 90 days with no cost or legal risk
- Client-focused approach, with clear communication about your entitlements
- Regular case reviews and personalised attention to your specific needs
- Support throughout the entire claims process.
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.
