Pedestrian Injury Lawyers
Being hit by a car while you were on foot turns an ordinary day upside down. On top of the pain, there are bills arriving while you cannot work and the worry about getting back to normal.
If your injury is serious and you were not mostly at fault, you may be entitled to a lump sum payout on top of your treatment and income benefits. You only need one non-threshold injury to qualify, and it covers your whole claim, not just that one injury.
A pedestrian injury lawyer makes sure that happens. At Withstand Lawyers, we act for people hurt on NSW roads on a No Win No Fee basis, and we tell you what your pedestrian accident compensation claim is worth before you settle.
How much is a pedestrian injury claim worth in NSW?
A serious pedestrian injury claim in NSW usually settles between $250,000 and $2 million, depending on how badly you were hurt and how it affects your future. There is no fixed figure. Most pedestrian accident compensation claims combine treatment, income support, and, for a non-threshold injury, a lump sum for past and future loss of income, lost super, and pain and suffering.
What moves your claim up or down:
- •How serious and lasting your injuries are.
- •What you earned before the accident, which sets your income loss.
- •Your age, because younger people have more working years ahead.
- •Whether you qualify for a lump sum. A non-threshold injury, and not being mostly at fault, qualifies you for a lump sum covering your past and future loss of income. If your injury is assessed at more than 10% whole person impairment, that lump sum also includes pain and suffering, capped at $691,000.
You cannot reopen a lump sum once you accept it, so the costly mistake is settling before the full picture is clear. It is worth knowing what to ask before you accept an offer. You can see ranges by injury type on our motor vehicle accident compensation payouts in NSW guide.
What can you claim for a pedestrian injury in NSW?
You can claim treatment and care, weekly income support, and, for a non-threshold injury, a lump sum payout. Treatment and early income support are paid regardless of fault. The lump sum is the big one: past and future loss of income, lost super, and pain and suffering.
| What you can claim | Who qualifies |
|---|---|
| Lump sum payout (past and future income loss, lost super, pain and suffering) | Non-threshold injury and not mostly at fault. Pain and suffering needs more than 10% whole person impairment. |
| Treatment and care | Any injured pedestrian, regardless of fault. |
| Income support (weekly payments) | Anyone whose income is affected; early payments regardless of fault. |
We act for every kind of pedestrian injury: broken bones, spinal and disc injuries, brain and head injuries, neck, back, shoulder and knee injuries, and PTSD and psychological injury. Minor soft tissue injuries like mild whiplash are usually threshold, with no lump sum.
What counts as a non-threshold pedestrian injury?
A non-threshold injury is any injury more serious than a soft tissue injury or a minor psychological injury, such as a fracture, nerve damage, a torn ligament, a disc or spinal injury, a brain injury or PTSD. You only need one non-threshold injury to qualify, and the lump sum then covers all of your injuries, not just that one. Pedestrians often qualify, because there is nothing between you and the vehicle.
| Non-threshold injury (a lump sum is possible) | Threshold injury (no lump sum) |
|---|---|
| A broken bone or fracture (arm, leg, hip, ribs) | Mild whiplash |
| A herniated or slipped disc, or nerve damage | Sprains and strains |
| A torn ligament, tendon or cartilage (knee, shoulder, ankle) | Bruising, cuts and grazes |
| A spinal cord injury or brain injury | Aches that fully heal |
| A diagnosed psychological injury, such as PTSD | A short-term reaction that is not a diagnosed condition |
What kinds of pedestrian accidents can you claim for in NSW?
If a vehicle hit you while you were on foot, you can claim, wherever it happened. The pedestrian injury claims we run most often:
- •At a crossing or traffic lights. A driver who fails to give way to a pedestrian is usually at fault.
- •Crossing away from a crossing. You can still claim; your share of fault may reduce the payout, not end it.
- •On a footpath or nature strip. Often a mounting, reversing or out-of-control vehicle.
- •In a car park or driveway. Low-speed reversing hits still cause serious foot, knee, hip and back injuries.
- •Hit and run or an unknown driver. Covered through the Nominal Defendant, explained below.
- •Children and older pedestrians. The young and the elderly are hurt most often and most seriously; we run these claims with extra care.
Wherever it happened, the test is the same: a non-threshold injury, and that you were not mostly at fault.
Who pays compensation when a pedestrian is hit by a car?
The at-fault driver’s CTP insurer pays, not the driver personally. You lodge against the insurer of the vehicle that hit you. If the driver was uninsured or cannot be identified, including a hit and run, you claim through the Nominal Defendant instead. See our CTP claims page.
Can you claim if you were partly at fault?
Yes. You can claim even if you were partly at fault. Your payout may be reduced for contributory negligence to reflect your share of the blame, but it does not shut you out. Treatment and early income support are still available regardless of fault. A lump sum needs a non-threshold injury and that you were not mostly at fault.
What are the time limits for a pedestrian injury claim in NSW?
Lodge your claim within 28 days to have your income support backdated to the accident date. You then have three months to lodge the personal injury benefits claim, around six months to lodge an Application for Common Law Damages, and, if your claim has not settled, three years to file an Application for General Assessment in the Personal Injury Commission. Report the accident to police early and keep the event number.
| Deadline | What it means |
|---|---|
| 28 days from the accident | Lodge your claim so your income support is backdated to the day you were hurt |
| 3 months from the accident | Lodge the personal injury benefits claim for weekly payments and treatment expenses |
| 6 months from the accident | Lodge an Application for Common Law Damages so your eligibility for a lump sum payout can be assessed |
| 3 years from the accident | File an Application for General Assessment in the Personal Injury Commission for your damages, if your claim has not settled by then |
A late claim can sometimes still proceed with a good reason for the delay. See how long after an accident you can claim.
What if it was a hit and run or an uninsured driver?
You can still claim, through the Nominal Defendant. A pedestrian hit by an unregistered or unidentified vehicle is covered. You follow the same process but lodge against the Nominal Defendant, and for an unidentified vehicle you have to show a genuine effort to identify it, so report to police early. Our guide on what to do as a pedestrian hit by a car walks through the next steps.
How long does a pedestrian injury claim take?
Most NSW pedestrian injury claims settle within one to two years. Straightforward claims are quicker. Surgery, disputed fault or long-term injuries take longer, because your injuries need to settle down before a fair lump sum can be worked out.
How do you start a pedestrian injury claim?
- Report to police within 28 days. This creates an official record and an event number.
- See a doctor, even if your injuries seem minor. Early records are key evidence.
- Get the vehicle and driver details, plus any witnesses.
- Lodge your claim with the at-fault vehicle’s CTP insurer, or the Nominal Defendant if it was uninsured or unidentified.
- Get your claim valued before you accept any offer.
What are real pedestrian injury payouts in NSW?
Every claim is different, so these reflect the facts of each case, not a guarantee.
A pedestrian hit crossing a busy road, $1.5 million. Our client, a man in his late 30s, was almost across a busy road, not at a marked crossing, when a car hit him and caused serious, lasting injuries. The insurer argued he was partly to blame. We engaged a traffic engineer who showed the driver had a clear line of sight, and the claim settled for $1.5 million.
Jane, $570,000. Jane was hit crossing the road and suffered multiple fractures. Because at least one injury was non-threshold, she received a lump sum for pain and suffering on top of her income loss. Her claim settled at $570,000.
| Client | What happened | Outcome |
|---|---|---|
| Pedestrian | Hit almost across a busy road, not at a crossing; insurer argued contributory negligence | $1.5 million |
| Jane | Hit crossing the road; multiple fractures (non-threshold) | $570,000 |
Do you need a pedestrian injury lawyer in NSW?
You do not have to use a pedestrian injury lawyer, but these claims turn on fault disputes, medical assessments and insurer negotiation, where mistakes cost real money. A pedestrian accident lawyer gets your injury classified correctly, documents your future losses, and pushes back when the insurer tries to blame you. With us a senior lawyer runs your claim and gives you a clear figure for what it is worth before you settle, on a No Win No Fee basis. We also handle the wider range of motor vehicle accident injury claims across NSW.
Call 1800 952 898 or use the Free Claim Check form on this page for a free, no obligation assessment. You can also contact us any time.
Meet our pedestrian injury lawyers
Your claim is run end to end by a senior lawyer who knows every detail of it. The pedestrian accident lawyers who act for injured people across NSW:
Issa Rabaya
Esther Ihn
Mihana Wen