Pedestrian Accident Compensation Claims – Your Guide.
If you’ve been injured in a pedestrian accident with a car, motorcycle, bus, or any other vehicle, you’re not alone. In fact, 1150 people* are injured in pedestrian accidents in NSW every year – that’s more than three people every day.
A pedestrian accident compensation claim pays for your treatment and covers your wages while you’re off work, and for more serious injuries lump sum compensation is also available. These lump sums can be substantial, and there are steps you can take to make sure you don’t miss out on entitlements.
In this claim guide, we cover:
- How to find out if you can make a pedestrian accident compensation claim
- What you should do after your accident
- How much you can claim, and an example of a claim
- What pedestrian accidents are covered
- How to get help with your pedestrian accident claim
*According to Transport for NSW Centre for Road Safety, July 2023, based on 2017-2021 statistics.
Can I make a pedestrian accident claim?
You can make a pedestrian accident claim if you’ve been injured in the following situations:
Crossing a road:
Whether you were at a pedestrian crossing or not, you can claim compensation for your injuries.
Walking on a footpath:
If you were on a footpath when you were hit by a vehicle you can make a pedestrian accident claim.
Hit and run accident:
If you’re injured in a hit and run accident where the driver fails to stop and can’t be traced, you may still be able to claim pedestrian accident compensation.
Witnessing or assisting with a traumatic accident:
If you’ve witnessed a traumatic accident as a pedestrian, even if you weren’t involved in the accident, you may be entitled to make a pedestrian accident claim if you’re diagnosed with a psychological injury like PTSD.
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.
I was injured in a pedestrian accident. What should I do next?
If you think you might be entitled to make a pedestrian accident claim, here are some tips from our lawyers on what to do next.
1. 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.
2. Make sure your medical assessment covers all your injuries – this is important.
It needs to include everything – such as 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.
3. 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 our article on how to lodge a ctp claim.
4. Submit your pedestrian accident claim within 28 days of the accident.
This is 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 strongly advised to get some legal advice on what you’re entitled to claim. This is to make sure you don’t miss out on any entitlements or lump sums. You can get free legal advice from a pedestrian accident lawyer by calling Law Partners on 13 15 15.
Pedestrian accident compensation – how much do you get?
According to SIRA (the State Insurance Regulatory Authority), in the 12 months to October 2023, there were 12,269 motor accident injury claims reported in NSW and $1.24 billion was paid out in benefits and lump sums. That’s $101,068 paid out for every new claim reported.*
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
*Based on SIRA Open Data, November 2023
Pedestrian accident claim payout example:
Our client, Pauline, was a young mum when she was struck by a car on a crossing. She suffered numerous broken bones, needed surgery, and had to stop working. We took time to get to know Pauline to understand the full impact her injuries had on her life and successfully claimed:
- Pauline’s medical bills and domestic assistance for life
- A lump sum of over $600,000 to cover her future loss of earnings and pain and suffering
As you can see from Pauline’s payout, for more serious pedestrian injuries, lump sum payments for future loss of earnings and pain and suffering can be substantial.
What pedestrian accidents are covered?
The NSW CTP scheme covers all 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
How long do I have to make a pedestrian accident claim?
Pedestrian accident 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 accident claim take?
Once you submit your pedestrian accident 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 help with my pedestrian accident claim?
Law Partners is 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. We we win over 99% of our cases, and our no win no fee lawyers are ready to start your claim today.
An accredited specialist in personal injury law, backed by over 10 years’ experience in assisting injured Australians receive everything they’re entitled to with their motor accident claim.
Do I have a case?
Our senior lawyers will assess your case for free.