Pedestrian Accident Claims. Explained by our Compensation Lawyer.
Just because you’re a pedestrian who was hit by a vehicle, it doesn’t mean you are not entitled to the same benefits and compensation payout to compensate you for your injuries. Here’s what you need to know:
Our pedestrian accident lawyer can assist you to claim a maximum compensation payout and benefits during this difficult time.
Pedestrian Accident Compensation Claims
After being hit by a car or motor vehicle, as a injured pedestrian, you may be eligible to make an accident compensation claim through the compulsory third party (CTP) insurer of the at fault vehicle. If you were involved in a hit and run, and you don’t have the details of the at fault vehicle, you can still make a compensation claim and claim the same entitlements, through what is known as a nominal defendant. Basically a insurer will be selected to be responsible for your benefits and pedestrian accident compensation claim. The extent of the income support benefits, duration and whether you can claim a lump sum common law claim will depend on whether you were mostly at fault, and the extent of your injuries, which we will explain below.
The thing is, regardless of whether you were mostly or wholly at fault, and regardless of the extent of your injuries, you can claim income support benefits for up to six (6) months.
On the other hand, if you were not at fault or mostly at fault, and your injuries are not minor injuries (soft tissue for physical injuries or not a recognised psychiatric diagnosis for psychological injuries) you can claim income support benefits beyond six (6) months and make a claim for a lump sum compensation payout. Contact our personal injury lawyers on 1800 952 898 who will tell you, whether your eligible for benefits and a compensation payout with our free claim check and take the guess work out of making your claim and getting the maximum compensation, on a No Win No Fee basis.
I was hit by a car, what are my entitlements?
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.
- Obtain the details of the at fault car or motor vehicle including their registration details so you can lodge your claim against their CTP insurer later. You may also wish to take down the details of any witnesses.
- Report the accident to the police and obtain an event number within 28 days – this is important for the accident notification claim form.
- Seek medical attention from your doctor if you’re not transported to hospital at the scene of the accident, but you have aches, pains or psychological symptoms, you should seek medical assessment by your GP. You GP will record your injuries in their file and explore any complaints that you have by conducting scans if required. Ensure that you inform your GP of all of your symptoms including bruising, discomfort, pain and psychological symptoms such as shock, flashbacks or difficulties sleeping.
- Submit an Application for Personal Injury Benefits within 28 days of the accident to claim, to ensure that you can claim your backdated lost wages. If you do not require backdated lost wages being backdated to the date of the accident, then ensure that you submit your claim within three (3) months from the date of the accident.
Our compensation lawyers will help give you personalised advice on what you need to know, the process and what you can expect in relation to your circumstances. Contact Withstand Lawyers on 1800 952 898 for your free claims assessment.
What do I do if I’m involved in a hit and run pedestrian accident with an unknown driver?
If it was a hit and run accident by an unidentified car or motor vehicle, you should lodge your claim against State Insurance Regulatory Authority (SIRA) through the nominal defendant. Making a claim through the nominal defendant will require you to collect additional evidence showing that you took the necessary steps to identify the vehicle that hit you, such as checking CCTV cameras, consulting witnesses and posting advertisements. Of course our compensation lawyers can act do this for you on a No Win No Fee basis, just call us on 1800 952 898 today.
I am injured pedestrian, can I make a claim for lump sum compensation?
- You were injured as a pedestrian; and
- You were not mostly or wholly at fault; and
- Your injuries were not assessed as minor injuries
How much do pedestrian accident claim lawyers charge?
Our personal injury lawyers work on a No Win No Fee basis; meaning that we will not charge you if you are not successful in your pedestrian accident claim. You are not required to pay for our costs out of pocket.
If everything goes as planned and you receive a lump sum payout, our lawyers will deduct our costs from your lump sum payout with your instructions.
If you’ve heard horror stories about lawyer’s legal fees, and you’re concerned, contact our compensation lawyers on 1800 952 898 to discuss your concerns. Our lawyers will be able to inform you regarding our costs during the assessment. Please also click here for more information on what you should ask a personal injury lawyer, whether us or not before engaging with a lawyer.
How long does a pedestrian accident claim take to settle?
Even though there isn’t a fixed time to settle a pedestrian accident claim, generally similar cases take 1 to 2 years, depending on whether your going to have surgery or not and on the outcome of the settlement negotiations with the insurer. Click here to find out why there needs to be a good balance between finalising your claim as soon as possible without compromising on your damages.
Our lawyers can provide you with a more precise estimates regarding your claim during the free claim assessment at which point you can ask questions to ensure you leave the consultation confident of where you stand. Click here to read about what questions you should ask your lawyer.
Pedestrian Accident Compensation Claim Story – Adam was just going for a walk.
We recently acted for a client who was struck by a vehicle whilst going for a walk. He suffered a neck and back injury as a result of the accident. He was also diagnosed as suffering from PTSD (Post Traumatic Stress Disorder) as a result of the accident. Unfortunately, despite his injuries being stabilised, his claim had still not resolved before he came to us despite it being over 2 years post-accident!
We had our client’s injuries assessed by an Occupational Physician and Psychiatrist and obtained medical evidence to support our client’s claim to ensure all his future losses were going to be taken into account by the insurer and if the negotiations failed then by the Personal Injury Commission. Whilst I would like to take all the credit, the solicitor for the insurer was experienced and reasonable in that he understood the true worth of the claim. After considering our client’s evidence and after a back-and-forth saga it settled. It was when the solicitor for the insurer made his final offer that it became well within the range of settlement, and I advised my client. My client was happy to take the offer and the matter resolved for $800,000. Of course, my client will have to life with his injuries for the rest of his life but my job is to get him as much compensation as possible to ensure everything is taken into account.
Do I need a lawyer for a pedestrian accident claim?
We hope that this is your first time and first experience making a pedestrian accident compensation claim however for the representative of the insurer that you may be dealing with, it is definitely not their first time. Did you know that in addition to the law for motor accident claims, there are guidelines as to how the insurer should conduct themselves in relation to how they deal with you? There is also no set amount as to how much you are entitled to, so it really depends on your circumstances and the evidence that you provide that will assist the insurer in knowing how much to accept or offer to resolve your claim.
Additionally, there are strict time limits and procedures that, if not followed, could unfortunately, result in you not being eligible to claim what you would otherwise be entitled to.
Our experienced pedestrian accident lawyers can guide you through your pedestrian accident claim by providing you with detailed advice about your rights and compensation benefits. You can also get professional advice on whether or not your pedestrian accident claim entitles you to a payout by way of common law damages.
Our team also 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
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 be so stressful that it can elevate your existing suffering from your personal injury. Financial concerns, on the other hand, arising out of legal payments can be another factor of stress as well. A competent lawyer working on a no win no fee basis will remove both the legal and financial burdens for you. No win no fee means you will pay for legal costs and disbursements from your settlement monies only if you receive compensation. This means that you will not have to worry about dealing with other parties and trying to understand the law, process and time limits when the reality is that this is probably your first time.