One person died and five were injured after the tour bus rolled west of Alice Springs in the Northern Territory in June 2022.
Joshua Clements and his wife Elysse Lloyd have now sued tour company Emu Run Experience and its managing director Patrick Bedford in the Federal Court over the deadly trip.
"Ultimately, the crash has decimated our lives: there is nothing that can bring back what we have lost," Mr Clements told AAP.Â
"Yet, we look forward to our day in court and to attaining restitution and justice."
Whilst no amount of money could undo the pain, harm and life-long injuries they had suffered in the crash, Mr Clements expressed confidence that his and his wife's legal rights allowed them compensation.
The civil lawsuit has been filed in the NSW registry of the Federal Court, thousands of kilometres from where the tragedy took place.
Mr Clements has created a public petition calling for the end to what he calls a "perverse" no-fault law under the Northern Territory's Motor Accident Compensation Scheme.
Under that scheme, all road users can obtain benefits after an accident regardless of who is at fault.
According to the NT's Motor Accident Compensation Commission's website, the scheme covers medical treatment, loss of earning capacity, compensation for permanent impairments and lump sum death benefits.
But Mr Clements said his case sought a higher amount of "significant compensation" under NSW legislation and Australian consumer law.
"The law is completely on our side," he told AAP.
"These laws, and associated rights, cannot be undone by the anachronistic rules of a territory in Australia.
"That state and federal laws take precedent is indisputable."
Mr Clements has required lengthy spinal fusion surgery after the crash, undergoing nine separate operations with at least six more scheduled.
Emu Run Experiences and Mr Bedford did not respond to a request for comment.
Both face four criminal charges of failing to comply with a health and safety duty and have been prosecuted by NT WorkSafe over the incident.
They will be back in court on August 11.
The prosecution is among several over serious bus crashes in Australia in recent years.
Bus driver Brett Andrew Button is serving a 32-year prison term after a coach carrying wedding guests hit the guard rail of a roundabout in the NSW Hunter Valley in 2023, killing 10 people and injuring 25 others.
A truck driver meanwhile faced trial in Victoria in May after rear-ending a school bus at speed, seriously injuring seven students west of Melbourne two years earlier.
8°C