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If you have had an accident with a taxi, bus or truck, and the accident was not your fault, you will need to work out who you are going to claim against. Taxis, buses and trucks are often driven by people who are not the owner.
Every taxi driven on NSW roads must be run by an operator. The operator of the taxi service must have an insurance policy that covers their drivers for any damage they cause.
Operators are not the same as the networks that take bookings for taxis, such as Legion Cabs, Combined Taxis, and Silver Service Taxis. Networks are not responsible for damage caused by taxis in a car accident.
Information for other drivers
If you have an accident where the taxi driver is at fault, the operator's insurance company should pay for your damage.
All taxis must carry a copy of the current insurance policy. You should ask to see the policy at the time of the accident and write down the details. If the driver doesn't have a copy of the policy or you didn't get the information at the time of the accident, you can contact the driver or the operator after the accident.
If you didn't get the details of the driver, you can make an access application to Transport for NSW.
For more information, see Exchanging details.
If you have an accident where the taxi driver is at fault, and the operator doesn't make a claim on their insurance policy, you should get legal advice.
If you have an accident with a ride-sharing service such as uber, and the other driver was at fault, you should send your claim directly to the driver. Drivers of ride-sharing services must have comprehensive insurance.
Information for taxi drivers
All taxis must be insured. The operator of the taxi is responsible for insuring the taxi.
If you were involved in an accident, you must notify the operator and provide details of the accident. Generally, the operator is responsible for any claim arising out of an accident made against the driver.
If the operator refuses to make a claim on their insurance policy, you should get legal advice. You may be liable to pay the excess if you had an agreement with the operator.
If the other driver serves a statement of claim against you, you may be able to file a cross-claim against the operator.
You have 28 days to respond to a statement of claim. You should get legal advice about your situation.
For more information, see Filing a cross-claim.
If you are an operator of a taxi, you may be required to notify the accident to the Transport Commissioner. For more information, see Notifiable Occurrences factsheet on the Point to Point Transport Commissioner website.
Every public passenger bus driven on NSW roads must be run by an operator. The operator of the bus service must have an insurance policy that covers their drivers for any damage they cause.
If you have an accident with a bus and the bus driver is at fault, you should send your claim to the operator to pass on to their insurance company.
If you are involved in an accident with a State Transit bus (Sydney Buses) you should call the Public Transport info line on 131 500 and report it. You should then write a letter of demand to State Transit, with a diagram of the accident and two repair quotes.
To find the contact details of private bus operators in rural and regional New South Wales, see Transport operators on the Transport for NSW website.
If you have an accident with a truck or other heavy vehicle and you are not at fault, you may be able to claim from the driver and/or the driver's employer.
For more information, see Driving for work.
If the driver doesn't exchange details, you can make an access application to Transport for NSW to find out the details of the owner. You can then ask the owner for the details of the driver of the truck at the time of the accident.
Once you have the details of both the owner and the driver, you can contact them about paying for your damage.
For more information, see Making a claim.
When trying to work out who was at fault you should keep in mind that all drivers have a duty to take reasonable care when driving. This includes keeping a safe distance between your car and the other vehicles around you. Some larger vehicles may need more room when turning corners or driving through roundabouts, and some heavy vehicles may also need more time to stop. There are also special rules that apply to buses and trucks, for example, buses may have a right of way when entering traffic and trucks may have a right of way when turning at intersections.