Hit by a Car as a Pedestrian in NSW? Your Rights, Compensation and What to Do
Key takeaway: If a car hit you while walking in NSW, you can claim through the driver’s CTP insurer, or the Nominal Defendant in a hit-and-run. Notify the insurer within 28 days to backdate income support, lodge your personal injury benefits claim within 3 months, and you have 3 years for a general assessment application.
Pedestrian Hit by a Car in NSW: Quick Answers
If a car hit you while you were walking in NSW, you can usually claim compensation through the driver’s CTP insurer, even if the driver was never identified or you were partly to blame.
How many pedestrians are hit by cars in NSW each year?
More than 1,100 pedestrians are hit on NSW roads each year, according to the NSW Government. Each year more than 50 pedestrians are killed and more than 1,000 are hospitalised as a result of car accidents on NSW roads. Pedestrian accidents often cause severe injuries such as broken bones, head trauma and spinal injuries, and in some tragic cases, fatalities.
If you or a loved one has suffered injuries as a pedestrian hit by a car, compensation can go a long way in assisting your road to recovery.
Why do pedestrian accidents happen in NSW?
Pedestrian accidents can occur for many reasons, but common causes include driver negligence (speeding, distracted driving, or driving under the influence), poor visibility at night or in low light, drivers failing to give way at crossings or intersections, and unsafe road conditions such as poorly maintained roads, lack of pedestrian infrastructure or unclear signage.
Whatever the cause, pedestrian accident victims in NSW are often entitled to compensation regardless of the circumstances. The NSW CTP motor accident compensation scheme is designed to protect all road users, including pedestrians, whether or not fault is easily established.
What should I do if I’m hit by a car as a pedestrian in NSW?
If you are a pedestrian injured from an accident, it is important to act quickly to protect your legal rights and your well-being.
Seek medical attention. Even if you feel fine or your injuries seem minor at first, get a medical assessment. Some injuries, such as concussion, internal bleeding or soft tissue damage, may not show symptoms straight away but can worsen over time. A medical assessment also creates a record of your injuries, which is important for your claim. Keep all medical records, treatment plans and bills.
Report the accident. Report it to the police as soon as possible. A police report is key evidence, and you should obtain the event number and the officer’s details. Even if the driver suggests sorting it out privately, it is in your interest to officially document the event.
Gather evidence. The more you collect at the scene, the stronger your claim. Take photos of the scene, the vehicle, your injuries, traffic signs and road conditions. Get the contact details and a brief statement from any witnesses, and note traffic conditions such as speed limits or a missing pedestrian crossing.
Seek legal advice. A lawyer who acts on pedestrian accidents will tell you whether you can claim, what you are entitled to, and make sure your deadlines are met. Reaching out early can make a significant difference to the outcome of your case.
Can I claim if it was a hit-and-run, the driver was uninsured, or I was partly at fault?
Yes. NSW CTP covers pedestrians even in a hit-and-run or uninsured-driver accident, through the Nominal Defendant. You can also claim if you were partly at fault, although your payout is reduced by your share of responsibility.
You can generally claim if you were hit at a crossing or away from one, on a footpath, by an unidentified or uninsured driver, as a passenger getting on or off a vehicle, or if you witnessed a traumatic pedestrian accident and developed a psychological injury such as PTSD.
How much compensation can you get for a pedestrian accident in NSW?
It depends on your injuries and your financial losses. Across the NSW scheme, $1.7 billion was paid across 14,789 new CTP claims in 2024-25. Serious, above-threshold injuries can attract substantial lump sums for lost income and pain and suffering on top of your weekly benefits, as in our $1.5 million result below. Compensation may cover medical and treatment expenses, past and future loss of income, pain and suffering, and home modifications or care for severe injuries.
We act on every kind of pedestrian injury, including neck, back, spinal, shoulder and knee injuries. If you want to know what a claim like yours is worth, see our pedestrian injury lawyers page.
What happens after a pedestrian is hit by a car in NSW?
Your claim runs through the driver’s CTP insurer. You lodge a personal injury benefits claim, the insurer accepts or declines within weeks, your injuries are assessed, and then your claim either settles or, for more serious injuries, moves to a lump-sum (common law) claim.
Notify the insurer. Notify the CTP insurer of the driver involved. If their details are unavailable, for example in a hit-and-run, you may still claim through the Nominal Defendant. Notify as soon as possible, ideally within 28 days, so you can access early payments for medical expenses and lost wages.
Medical assessment. Your injuries are assessed to determine your entitlements, usually through reports from your treating doctors and sometimes an independent medical examination. The outcome helps calculate medical expenses, rehabilitation, loss of income and, for long-term injuries, future care and home modifications.
Settlement or the Personal Injury Commission. The insurer may offer a settlement. Do not rush to accept: early offers may not reflect the long-term impact of your injuries. Get advice on whether the offer is fair. If your claim cannot be resolved, it can be determined in the Personal Injury Commission.
How long do I have to make a pedestrian accident claim in NSW?
Lodge within 28 days to have your income support backdated to the accident date. You have 3 months to lodge the personal injury benefits claim, and if your claim has not settled, 3 years to file an Application for General Assessment in the Personal Injury Commission.
What happens if I hit a pedestrian with my car in NSW?
If you hit a pedestrian, stop immediately, call 000 if anyone is hurt, and give your details. The injured person claims compensation through your CTP insurer, so a genuine accident does not usually leave you personally out of pocket for their injury claim. Police may still investigate, and serious or dangerous driving can carry separate penalties. If you are worried about your position, get legal advice early.
How we secured a $1.5 million settlement for an injured pedestrian
We won a $1.5 million settlement for a pedestrian injured in a road accident. Our client, a 38-year-old man, was crossing a busy road, away from a marked crossing, when he was hit by a car, which became a central issue. The insurer alleged contributory negligence and downplayed his injuries.
We brought in a traffic engineer who showed the driver had a clear line of sight and should have been more cautious, documented the full extent of his injuries with his doctors, and proved his past and future loss of income. We secured $1.5 million covering all medical costs including future treatment, past and future lost wages, and pain and suffering, giving our client the security to focus on his recovery.
Every claim depends on its own facts and injuries. Past results are examples, not a guarantee of any future outcome.
Meet our pedestrian injury lawyers
Your claim is run end to end by a senior lawyer who knows every detail of it, acting for injured pedestrians across NSW. We tell you what your claim is likely to be worth, how long it will take and when it is likely to settle, so you always know where you stand, with no pressure. No Win No Fee, so you only pay if your claim is successful. Call 1800 952 898 or complete the form on this page to get started.
Issa Rabaya
Esther Ihn
Mihana Wen
Hit by a Car as a Pedestrian: FAQs
Can I claim compensation if I was partially at fault?
How long do I have to make a claim?
Can I claim compensation if the driver was uninsured?
Can I make a TPD claim if I’ve already made a CTP claim?
What happens if you hit a pedestrian with your car in NSW?
How much compensation will I get on average if I’m hit by a car?
Do pedestrians always have right of way in NSW?
How many pedestrians are hit by cars in NSW each year?
About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.
Why Choose Withstand Lawyers for Your Pedestrian Accident Claim?
Being hit by a car turns an ordinary walk into months of pain, paperwork and pressure, and Withstand Lawyers exists to carry that weight for you. Withstand Lawyers focuses on serious injuries, with decades of experience running pedestrian CTP claims from first notification through to settlement, including results like the $1.5 million settlement described above. Having recovered more than $47 million for clients with a 99% success rate, Withstand Lawyers backs every claim with a No Win No Fee promise, so you pay nothing upfront while you focus on recovery.
Call 1800 952 898 for a free claim check. No win, no fee, no upfront costs.
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