Pedestrian Accident Claims Guide: Get the Compensation You Deserve
If you’ve been involved in a pedestrian accident, navigating the legal process can feel overwhelming. From medical bills to lost wages, the challenges can be significant. At Withstand Lawyers, we specialise in pedestrian accident claims. We’ll help you understand your rights and the steps involved in making a pedestrian accident claim.
Our experienced legal team of pedestrian accident lawyers will provide the support and guidance you need to secure the compensation you deserve. Let us help you take the first step toward recovery with confidence.
- No Upfront Costs
- No Win No Fee
- 99% Success Rate
- Maximum Lump Sum Payout
Pedestrian Accident Compensation Claim Guide
If you’ve been hit by a car or motor vehicle as a pedestrian, you may be eligible to file a compensation claim through the compulsory third-party (CTP) insurer of the at-fault vehicle. Even in a hit-and-run situation, where you don’t have the details of the at-fault vehicle, you can still make a claim. This is done through a nominal defendant, where an insurer is assigned to manage your benefits and compensation. The extent of income support benefits, their duration, and your eligibility for a lump sum common law claim will depend on whether you were at fault and the severity of your injuries, which we’ll explain below.
Regardless of whether you were mostly or entirely at fault, and no matter the severity of your injuries, you can claim income support benefits for up to six months.
If you were not at fault or were only partially at fault, and your injuries are classified as more than minor injuries (e.g., not just soft tissue injuries or a non-recognized psychiatric diagnosis), you could be eligible for income support benefits beyond six months. Additionally, you may be entitled to a lump sum compensation payout. Contact our personal injury lawyers at 1800 952 898 for a free claim check. We’ll help you determine your eligibility and maximize your compensation on a No Win No Fee basis.
What compensation is available for a pedestrian injured in a car accident?
I was hit by a car, what are my entitlements?
Medical expenses
Reasonable and necessary medical expenses as a result of the accident.
Income support payments
Weekly payments to cover your economic loss due to the accident.
Lump sum payout for future loss of income
Future loss of income and loss of opportunity by way of a lump sum if you were not wholly at fault and your physical injuries are not a soft tissue injury, or your psychological injury is a recognised psychiatric illness (for example, Post Traumatic Stress Disorder - PTSD).
Lump sum payout for pain and suffering
If your injuries are assessed by an independent medical examiner (IME) as non-minor injuries, being greater than 10% whole person impairment. Our personaly injury lawyers will organise the IME assessment on your behalf.
How do I claim compensation for my accident as a pedestrian?
Here’s what to do if you have been injured in a pedestrian accident.
Gather Details: Obtain the registration details of the at-fault vehicle and any witness information. This is crucial for filing your claim against their CTP insurer.
Report the Accident: Notify the police and obtain an event number within 28 days. This is necessary for your accident notification claim form.
Seek Medical Attention: Even if you’re not taken to the hospital immediately, see your GP if you experience any aches, pains, or psychological symptoms. Your GP will document your injuries, and they may recommend further tests if needed. Ensure you inform your GP of all symptoms, including bruising, discomfort, pain, and psychological effects like shock or flashbacks.
Submit Your Claim: File an Application for Personal Injury Benefits within 28 days to ensure you can claim backdated lost wages. If you don’t need backdated wages, you have up to three months from the accident date to submit your claim.
Our compensation lawyers provide personalized advice tailored to your circumstances. Contact Withstand Lawyers at 1800 952 898 for a free claim assessment.
What do I do if I’m involved in a hit and run pedestrian accident with an unknown driver?
If you were injured in a hit and run accident by an unidentified motor vehicle, lodge your claim with the State Insurance Regulatory Authority (SIRA) through a nominal defendant. You’ll need to provide evidence that you tried to identify the vehicle, such as checking CCTV footage, consulting witnesses, and posting advertisements.
Our compensation lawyers can handle this for you on a No Win No Fee basis —just call us at 1800 952 898 today.
I'm an injured pedestrian, can I make a claim for lump sum compensation?
Yes, you can, provided:
- You were injured as a pedestrian.
- You were not mostly or entirely at fault.
- Your injuries were assessed as more than minor.
How much do pedestrian accident claim lawyers charge?
Our personal injury lawyers work on a No Win No Fee basis, meaning you won’t be charged if your pedestrian accident claim is unsuccessful. You won’t need to pay any out-of-pocket costs.
If your claim is successful and you receive a lump sum payout, our fees will be deducted from that amount as per your instructions.
If you’re concerned about legal fees, contact our compensation lawyers at 1800 952 898. We’ll provide a clear explanation of our costs during your free claim assessment.
How long does a pedestrian accident claim take to settle?
While there’s no fixed timeline, most pedestrian accident claims are resolved within 1 to 2 years, depending on factors like the need for surgery and settlement negotiations with the insurer. Click here to learn why it’s important to balance settling your claim promptly without compromising on damages.
During your free claim assessment, our lawyers can provide a more precise estimate of your claim’s timeline and answer any questions you have, ensuring you feel confident about your case. Click here to read about the key questions to ask your lawyer.
Pedestrian Accident Claim: Adam's Successful Settlement
We recently represented a client who was hit by a vehicle while walking, resulting in neck and back injuries as well as PTSD (Post Traumatic Stress Disorder) . Despite his injuries stabilizing, his claim hadn’t been resolved over two years post-accident until he came to us.
We had his injuries assessed by an Occupational Physician and a Psychiatrist, and we gathered the necessary medical evidence to ensure all future losses were accounted for. Thanks to a reasonable negotiation process with the insurer’s solicitor, we settled the claim for $800,000. While our client will live with his injuries for the rest of his life, our goal was to secure the maximum compensation to support his future needs.
Guidance through the claims process
Making a pedestrian accident compensation claim can be overwhelming, especially when facing an experienced insurer representative. Did you know that insurers must follow specific guidelines when handling motor accident claims? There’s no set amount for compensation—it depends on your unique circumstances and the evidence you provide.
Our experienced pedestrian accident lawyers can guide you through the process, offering detailed advice about your rights and potential compensation benefits. You can also get professional advice on whether your claim entitles you to a payout through common law damages.
Our team works on a No Win No Fee basis which means you will not have to pay for our legal costs unless you receive compensation.
Frequently Asked Questions
You should make a claim within 28 days from the motor vehicle accident so that you can receive benefits from the date of the accident however you do have 3 months to make the claim
Yes. If your injuries are sustained from a hit and run accident where you couldn’t obtain the registration number of the motor vehicle, you can still make a claim through nominal defendant.
In New South Wales, all insurers are required to be part of the Nominal Defendant Fund. Pedestrians injured in a hit and run accident can make their claim through nominal defendant by applying to SIRA. You may require to collect evidence to show you made sufficient effort to identify the running vehicle.
Soft tissue injuries are typically those in muscles, tendons, and ligaments but do not include injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage. Whiplash injury is the most common type to be classified as soft tissue injury and therefore minor injury in the context of claims for pedestrian accidents compensation. Minor psychiatric or psychological injuries, on the other hand, include adjustment disorder and acute stress disorder.
People diagnosed with minor injury as a result of a car accident are entitled to weekly income support, medical expenses, and domestic and personal care services, for 26 weeks from the date of the accident.
In NSW, the Compulsory Third Party (CTP) insurer of the driver who was at fault will be responsible for paying out the compensation. The person responsible for the accident, also known as the insured, is not personally liable for damages of your claim. If you were at fault for your injuries then you may not be able to make a claim under CTP if you were not operating a vehicle as there would be no insurer responsible. Click here to know more about CTP Claims.
If your injuries are sustained from a hit and run accident where you couldn’t obtain the registration number of the motor vehicle, you can still make a claim through the nominal defendant.
In New South Wales, all insurers are required to be part of the Nominal Defendant Fund. Pedestrians injured in a hit and run accident can make their claim through nominal defendant by applying to SIRA. We recommend you contact our compensation lawyers first in order to receive a free claims assessment and receive advice on the best way forward.
No win no fee pedestrian accident lawyers
The process of claiming compensation can add to the stress of dealing with a personal injury. Financial concerns about legal fees can also be a significant burden. A competent lawyer working on a No Win No Fee basis can relieve both legal and financial stresses. This means you only pay for legal costs and disbursements from your settlement if you receive compensation.
You don’t have to navigate this alone. Call us at 1800 952 901 or fill the form to get professional advice tailored to your situation.
Injured by a car accident but not as a pedestrian?
Please click below for information tailored to your situation:
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
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