Pedestrian Accident Compensation Claims
Pedestrian Injury Compensation Lawyers
If you were injured as a pedestrian on a motor accident involving a motor vehicle you can claim compensation for your personal injuries under the Compulsory Third Party (CTP) Scheme.
Under the Motor Accident Injuries Act 2017 (NSW) you are entitled to compensation for 6 months, even if you were at fault in the accident. If the driver of the motor vehicle was at fault, you may receive compensation beyond 6 months unless your injuries are assessed as soft-tissue or minor injury. In this case, you can also make a claim for modified common law damages which may enable you to receive a lump sum payment.
If it was a hit and run accident and you couldn’t obtain the details of the car such as its registration number, you can still make a compensation claim through the nominal defendant.
What does pedestrian accident compensation cover?
Depending on certain conditions, you may receive benefits like income support payments, medical expenses and the like if you were injured as a pedestrian in an accident.
You may receive weekly payments for lost earnings for your injuries sustained from the accident. These payments will come to an end after 6 months if you were wholly or mostly at fault in the accident or your injuries are assessed as a minor injury. The CTP insurer may pay for your medical expenses as well, which may extend 6 months if your injuries are not assessed as minor.
If you were not mostly or wholly at fault in the accident and you sustained a more severe injury than a minor injury, you may be entitled to benefits beyond 6 months. This may include weekly payments for up to 5 years, care for life, and if you make a claim for common damages, a lump sum payment and superannuation from the date of the accident until retirement.
How to claim compensation for pedestrian accidents?
Pedestrian that are involved in a motor vehicle accident, you should first report the accident to the police and obtain an event number. Then make a claim within 3 months by completing an Application for Personal Injury Benefits and getting your doctor to complete a Medical Certificate. You should then submit both documents to the CTP insurer. This should ideally be done within 28 days so that you can receive benefits from the date of the accident.
If it was a hit and run accident by an unidentified motor vehicle, you should make a claim to the 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 hitting car, such as checking CCTV cameras, consulting witnesses and posting advertisements. Of course our compensation lawyers at Withstand Lawyers can do this on your behalf.
Can I make a claim for modified common law damages?
If you were injured as a pedestrian from a motor accident and were not mostly or wholly at fault and your injuries were not assessed as minor injuries, you can make a claim for modified common law damages which deal with any economic loss, both past and future including superannuation. You may also be able to claim lump sum compensation for pain and suffering and the like if your injuries are assessed as being greater than 10% whole person impairment.
What is minor or soft tissue injury?
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.
What is a nominal defendant claim?
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.
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