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Pedestrian Accident Lawyers

In NSW, if you sustain an injury as a result of being struck by a motor vehicle while a pedestrian, you can make a claim for compensation under the Motor Accident Injuries Act 2017.

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The Act applies to injuries sustained on or after 1 December 2017 and applies to all injuries sustained within NSW.

Of course, you should immediately seek medical treatment for any injuries you have sustained and obtain the registration number of the car involved. You must report the accident to the police within 28 days and get an event number from the police.

If it was a hit and run, you can still make a claim even if you do not know the details of the car. This claim is made against the nominal defendant and again will need to be reported to the police.

What Pedestrian Accidents Can You Claim Compensation For?

You can make a claim for compensation under the Motor Accident Injuries Act NSW 2017 if you have been hit by a car as a pedestrian. It doesn’t matter if the accident is wholly, partially, or not your fault. If you have been struck by a motor vehicle and sustained injury you can make a claim. You can make a claim if you are a pedestrian hit by a car, truck, bus, taxi, motorcycle or even a forklift.

What if I was at fault in the accident?

In most accidents where a pedestrian is hit by a car, it is the driver of the car who is considered to be at fault. Drivers have a duty to avoid hitting pedestrians, even when the pedestrian may be considered partly at fault.

Almost all pedestrians who have sustained an injury by being hit by a car can make a claim for compensation. There may be some reduction for “contributory negligence” however, you are still likely to be able to obtain significant compensation for your injuries.

What if it was a hit and run?

If you are injured in a hit and run and cannot identify the vehicle which caused the accident, then you can still make a claim under the NSW CTP scheme. You make a claim against the “Nominal Defendant”, which is a government insurer and will pay you any compensation even where the vehicle which caused the accident cannot be identified.

How to make a claim for compensation if injured as a pedestrian

To claim compensation benefits for injuries received after 1 December 2017, you need to complete an Application for Personal Injury Benefits. You will find this on the SIRA website, www.SIRA.nsw.gov.au.

To complete the Application for Personal Injury Benefits form you will need the following information:

  1. The police event number.
  2. The registration number of the vehicle that hit you.
  3. A Medical Certificate of Fitness from your general practitioner, which outlines the injuries you have sustained.
  4. Accounts/receipts for any medical treatment you have incurred.

You can complete the form online or forward a copy to the CTP insurer of the vehicle which struck you. You can find out the third party CTP insurer by contacting CTP assist on 1300 656 919 and providing them with the registration details of the vehicle which hit you.

How long do you have to make a pedestrian injury claim?

You must make an Application for Personal Injury Benefits through the SIRA within 28 days to be eligible for payment of loss of income and medical expenses. You also need to have reported the accident to the Police and obtain an event number within 28 days of the accident.

How long does a pedestrian injury claim take?

Once you submit the Application for Personal Injury Benefits the insurer will review your claim and will within days make payments for compensation and medical expenses. It is important to therefore make the application for personal injury benefits as soon as possible.

The insurer is then required, within 26 weeks, to decide the following:

  1. Whether the driver of the motor vehicle was at fault and caused the accident.
  2. Whether you have a “minor injury.”

This decision by the insurer is important. If the insurer finds that the driver of the vehicle was not at fault or that you as the pedestrian were mostly at fault, then the loss of income, payments, and medical expenses will cease after 26 weeks.

If the insurer finds that you have a “minor injury” as defined in the Act, loss of income and medical expenses will cease as at 26 weeks.

If the insurer decides that the driver of the vehicle was at fault and you have more than a “minor injury”, then you are entitled to claim further compensation after 26 weeks including the following:

  • Loss of income payments for up to five years.
  • Medical expenses and care for life.
  • Claim common law damages.

If you disagree with the decision of the insurer, you will need the assistance of a lawyer to challenge that decision through a Dispute resolution System known as DRS.

Common-Law Damages

A claim for common law damages entitles you to claim lump-sum compensation for the injuries you have sustained as follows:

  1. Damages for non-economic loss – this includes an amount of compensation for pain and suffering and loss of enjoyment of life. It is is a lump sum payment, which is usually in the hundreds of thousands of dollars. The extent of the payment depends on the nature and extent of the injuries and how they affect you.
  2. Damages for economic loss – payment of past and future loss of income and superannuation. From the date of the accident up until retirement.

Both of the above amounts are payable as a one-off lump sum amount to compensate you for your injuries. Once you have received compensation under a common law damages claim, then you are entitled to weekly payments for loss of income will cease.
You continue, however, to be entitled to payment of all reasonable and necessary medical treatment and care for the remainder of your life.

If you require any legal advice in relation to pedestrian accident claims, please hesitate to contact Garling & Co Lawyers and speak to one of our accredited specialists in personal injury law on 02 8518 1120 or info@garlingandco.com.au

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie

Frequently Asked Questions

1. What is a claim for common law damages?

You can claim common law damages if the insurer has accepted that the driver of the motor vehicle was at fault, and you have more than a “minor injury.”

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