Pedestrian Accident Lawyers

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