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Pedestrian Hit by Car Compensation 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.

A Pedestrian About To Be Hit By A Car And Eligible For Compensation.

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:

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:

In the 12 months to May 2021, there were 11,016 motor accident injury claims submitted in NSW and $466M was paid out in benefits and lump sums.*

It’s important to understand that for a more serious pedestrian injury, you may be entitled to claim lump sum payments for future loss of earnings and pain and suffering. These lump sums can be substantial. To get an indication of your pedestrian accident compensation amount you can use this compensation calculator.

*Based on SIRA Open Data, May 2021.

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What pedestrian accidents are covered?

The NSW CTP scheme covers call pedestrian accidents involving motor vehicles, including:

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:

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 fails 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.

If you’ve been injured in a hit and run, you can call 13 15 15 for free advice on how to proceed with your claim.

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 three 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. Or, read our CTP Claims Guide.

Pedestrian accident lawyers in NSW – show me a pedestrian accident lawyer near me.

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