A passenger in an Uber car driven by a drunk man has won a dispute in his bid to receive benefits for psychological injury.

The NSW Personal Injury Commission ruled insurer Allianz was wrong when it denied that Hilal Sayour was injured in a motor accident.

Mr Sayour felt his life was in danger when his driver was closing his eyes, braking at the last moment and swerving in and between lanes during the trip in February this year.

The ride ended at a random breath testing station, where the driver recorded a blood alcohol level of 0.086.  

Commission member David Ford says Allianz did not accept Mr Sayour’s injury was due to an accident as defined under the NSW Motor Accident Injuries Act. The insurer’s internal reviewer found there was no “incident” causing the injury.

Allianz asserted the ride-share trip was not a single event and appeared to break it down into each individual swerve or near miss. However, the judgment says that even in a more conventional accident, there is no distinction drawn between – for example – a car leaving the road, rolling over and hitting a tree.

The commission says the claim falls under the act and Mr Sayour’s psychiatric injuries should be treated as arising from one incident, “being a short, traumatising trip with a driver impaired by an illegal and unsafe level of intoxication”.

Allianz presented a GP’s notes that said Mr Sayour had pre-existing anxiety and depression, and Mr Ford agrees with the insurer that the dispute about injury should be referred for a medical assessment.

Read the judgment here.