Pedestrian Hit by Car Compensation – Your Guide.
When we head out to work, school, shopping or for leisure every day, the last thing we expect is to be hit by a car. But the reality is that more than 1500 pedestrians are hit by cars on NSW roads* every year – that’s more than four people every day, just in our state.
As a pedestrian hit by a car in NSW, there’s a financial safety net to assist you if you need time off work or medical treatment for your injuries. The NSW CTP scheme provides pedestrian hit by car compensation to cover your losses. This guide explains your rights and answers some of the most common questions about pedestrian injury claims.
*According to Transport for NSW Centre for Road Safety, October 2020.
I was a pedestrian hit by a car. What should I do?
If you’ve been hit by a car as a pedestrian, here’s what you should do:
- See your GP and get a full medical assessment. Even if you don’t need to go to hospital, it’s important to get a medical assessment as some injuries can worsen over time, and if your injuries do worsen you might need time off work or further treatment.
- Make sure your medical assessment covers all your injuries – including any bruising, pain or inflammation that might seem minor at the time. It’s important to have a record of these injuries as it might impact the amount of compensation you can claim.
- If you need any time off work or treatment, submit an ‘application for personal injury benefits’. You’ll need details of the vehicle that hit you to identify the CTP insurer, and a police event number. For detailed information on submitting your claim, refer to step by step guide to submitting your claim.
- It’s important to submit your pedestrian accident claim within 28 days of the accident to be eligible for your lost wages to be backdated to the date of the accident. The final date for lodgement is three months from the date of the accident.
- Before you lodge your application, it’s a good idea to get some legal advice on what you’re entitled to claim, to make sure you don’t miss out on any entitlements. You can get free legal advice from a pedestrian accident lawyer by calling Law Partners on 13 15 15.
Pedestrian hit by car compensation – how much do you get?
The amount of pedestrian accident compensation you’re entitled to depends on the extent of your injuries and your financial losses. In NSW you may be able to claim for:
- Past and future lost earnings
- Medical, treatment and care expenses
- Pain and suffering
The average CTP payout in NSW across all claims made in the 12 months to November 2020 was over $35,000*.
*Based on SIRA Open Data, November 2020. There were 10,345 claims submitted over the previous 12 months, and the total paid out for that period was $370M.
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What pedestrian accidents are covered?
The NSW CTP scheme covers call pedestrian accidents involving motor vehicles, including:
- Pedestrians hit by a car
- Pedestrians hit by a truck
- Pedestrians hit by a bus
- Pedestrians hit by a taxi
- Pedestrians hit by a motorcycle
What if I was at fault in the accident?
In most accidents where a pedestrian is hit by a car, it’s the driver of the car who is considered at fault. Drivers have a duty of care to avoid hitting pedestrians. However, there are some situations where the pedestrian may be considered to be partly at fault. For example:
- A pedestrian who breaks the law by crossing illegally
- A pedestrian using their phone and unexpectedly stepping in front of a car
- A pedestrian who is intoxicated and crosses the road carelessly
If you’re a pedestrian hit by a car and you’re considered to be partly at fault in the accident, then you can still claim pedestrian accident compensation, but it’s likely your payout will be less than the amount you would have received if you weren’t at fault.
What if it was a hit and run?
If you’re injured in a hit and run accident in NSW, where the driver failed to stop and can’t be traced, you may still be able to make a claim for pedestrian accident compensation. The NSW CTP scheme allows you to apply for compensation from the ‘Nominal Defendant’, which is a government insurer, where the at-fault vehicle can’t be identified.
How long do you have to make a pedestrian injury claim?
Pedestrian injury claims must be made within 28 days to be eligible for income support payments from the date of the accident. The final lodgment date is 3 months from the accident, although this can be extended in certain circumstances.
How long does a pedestrian injury claim take?
Once you submit your pedestrian injury claim it will be reviewed by the insurer, who will send you a letter within four weeks to tell you if they’re accepting or denying the claim. Then the insurer will start making payments to you within 14 days if they accept your claim.
Where can I get legal advice on pedestrian hit by car compensation?
Law Partners Australia’s largest specialist personal injury firm, with a number of experienced pedestrian accident lawyers. You can call us on 13 15 15 and we’d be happy to give you free legal advice over the phone.