Pedestrian Injury Lawyers
Written by
Principal Lawyer and Director · Last updated 23 September 2026
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Key Takeaway: If you were hit by a car as a pedestrian in NSW, the at-fault driver’s CTP insurer pays your compensation under the Motor Accident Injuries Act 2017, and the Nominal Defendant covers a hit and run. Serious pedestrian claims commonly settle between $250,000 and $2 million; lodging within 28 days backdates income support to the accident date.
Pedestrian Accident Claims: Quick Answers
Withstand Lawyers is the firm injured pedestrians across NSW turn to after being hit by a car. We focus exclusively on personal injury and compensation law, with extensive experience in CTP and serious injury claims, and a proven record of settlements for people hurt on NSW roads. You focus on recovering, our pedestrian accident lawyers handle the claim, on a no win, no fee basis. Withstand Lawyers has acted for injured people across Australia and NSW since 2014, is rated 4.9 stars on Google, and has recovered over $60 million for clients at a 99% success rate. We tell you what your claim is worth, without pressuring you to settle.
Can you claim compensation if you were hit by a car as a pedestrian in NSW?
Yes. If a motor vehicle hit you while you were on foot in NSW, you can claim compensation, and you only need one non-threshold injury to qualify for a lump sum. Your claim runs through the Compulsory Third Party (CTP or green slip) insurer of the vehicle at fault, under the Motor Accident Injuries Act 2017.
It does not matter where it happened: at a crossing, on a footpath, in a car park or on the open road. Because there is nothing between a pedestrian and a vehicle, injuries are often serious, and pedestrians are rarely mostly at fault. For the full picture of how a claim works, see our motor vehicle accident injury claim guide.
Call Withstand Lawyers on 1800 952 898 or request a free claim check to find out what you can claim.
Who pays compensation when a pedestrian is hit by a car in NSW?
The at-fault driver’s CTP insurer pays your pedestrian injury compensation, not the driver personally. Every registered NSW vehicle carries CTP insurance for exactly this reason, so you lodge against the insurer of the vehicle that hit you.
- •An identified driver hit you: you claim against that vehicle’s CTP insurer.
- •The vehicle was unidentified or uninsured (a hit and run): you claim through the Nominal Defendant scheme, explained below.
- •More than one vehicle was involved: you can still claim, and the insurers sort out their share between them.
The major NSW CTP insurers are NRMA, GIO, AAMI and QBE, all regulated by the State Insurance Regulatory Authority (SIRA). Our CTP claims guide explains how the green slip scheme covers injured pedestrians.
What compensation can a pedestrian claim in NSW?
NSW runs a hybrid CTP scheme with two pathways: no-fault statutory benefits, and a fault-based common law lump sum. As an injured pedestrian you can access both, provided your injuries qualify.
| Feature | Statutory benefits | Common law damages (lump sum) |
|---|---|---|
| What it compensates | Treatment, care and lost income while you recover | Past and future economic loss, lost super, plus pain and suffering |
| Fault required? | No (early treatment and income support paid regardless of fault) | Yes, you must not be mostly at fault (pedestrians rarely are) |
| WPI threshold | None to start; threshold injuries stop at 52 weeks | Non-threshold injury; pain and suffering needs more than 10% WPI |
| Payment type | Ongoing weekly payments and expenses | One-off lump sum |
| Cap | Income support based on pre-accident earnings | Non-economic loss capped at $691,000 |
| Can you receive both? | Yes. Statutory benefits support you now; a lump sum resolves the claim later. | |
Income support is paid at 95% of pre-accident weekly earnings for the first 13 weeks, then 85% if you have returned to some work or 80% if you cannot, per SIRA. Only pedestrians with a non-threshold injury can pursue a common law lump sum. Non-threshold injuries include fractures, disc and spinal damage, nerve damage, brain injury and diagnosed psychological injuries such as PTSD. Minor soft-tissue injuries like mild whiplash are usually threshold, with no lump sum.
How much is a pedestrian injury claim worth in NSW?
A pedestrian injury claim is worth from around $120,000 for a single fracture with a good recovery to $2 million or more for spinal or brain injury. The figure turns on injury severity, your whole person impairment, your income, your age and how clearly the driver is at fault.
| Injury type | WPI % | Payout range | Key factors |
|---|---|---|---|
| Leg, ankle or wrist fracture, good recovery | Under 11% | $120,000 to $300,000 | Return to work, limited ongoing loss |
| Pelvis or hip fracture, reduced mobility | 11% or more | $400,000 to $700,000 | Ongoing pain, restricted duties |
| Multiple fractures or serious orthopaedic injury | 11% or more | $600,000 to $1 million+ | Surgery, long recovery, partial capacity |
| Head or brain injury | 11% or more | $1 million to $2 million+ | Lifelong care needs, limited return to work |
| Spinal cord injury | 11% or more | $1 million to $2 million+ | Permanent disability, no return to work |
These are guides only, and every claim turns on its own facts. The $691,000 cap applies only to non-economic loss (pain and suffering); a total payout also includes past and future economic loss, lost super, treatment and care, which is why serious claims reach into the millions. In 2024-25 SIRA recorded 14,789 new CTP claims with total payments of $1.7 billion, an average of $70,106 per claim, though serious pedestrian injuries settle for far more. See our permanent impairment payout amounts for how your WPI can affect your claim, and our broken bone compensation and back injury guides for injury-specific ranges.
What are the time limits for a pedestrian accident claim in NSW?
NSW motor accident claims have strict deadlines, and missing an early one can quietly cost you thousands. Lodging within 28 days backdates your income support to the accident date, so lodge as soon as you can.
| Deadline | What you must do |
|---|---|
| 28 days from the accident | Lodge your claim to have income support backdated to the accident date |
| 3 months from the accident | Lodge a Personal Injury Benefits Form for weekly benefits and treatment expenses |
| 6 months from the accident | Lodge an Application for Common Law Damages so your eligibility for a payout can be determined |
| 3 years from the accident | File an Application for General Assessment with your supporting documents in the Personal Injury Commission |
A late claim can sometimes still proceed with a full and satisfactory explanation for the delay, but the earlier you lodge, the stronger your position. Report the accident to the Police Assistance Line early and keep the event number.
What if it was a hit and run or an uninsured driver?
You can still claim, through the Nominal Defendant, a scheme funded by NSW CTP insurers for exactly this situation. A pedestrian hit by an unregistered, uninsured or unidentified vehicle is covered.
You follow the same process but lodge against the Nominal Defendant, and for an unidentified vehicle you must show a genuine effort to identify it, such as reporting to police and looking for witnesses or CCTV. Because these claims have strict evidence requirements, get advice early. Our hit and run accident claim guide explains how the Nominal Defendant works, and our not-at-fault claim guide covers how fault is decided.
Can you still claim if you were partly at fault as a pedestrian?
Yes. You can claim even if you were partly at fault, for example if you crossed against a signal. Your payout may be reduced for contributory negligence to reflect your share of the blame, but it does not shut you out.
Pedestrians are rarely found mostly at fault, because a driver has a duty to keep a proper lookout. Treatment and early income support are still available regardless of fault. A common law lump sum needs a non-threshold injury and that you were not mostly at fault. An honest lawyer will tell you where you stand on fault before you lodge.
How do you start a pedestrian accident claim in NSW?
There are five steps, and a pedestrian accident lawyer can handle most of them for you.
1. Report the accident to the Police Assistance Line within 28 days so there is an official record and an event number.
2. Get medical attention immediately, even if your injuries seem minor. Early records are critical evidence linking your injuries to the crash.
3. Get the vehicle and driver details, plus any witnesses, or note anything that helps identify an unknown vehicle.
4. Lodge your claim with the at-fault vehicle’s CTP insurer, or the Nominal Defendant if it was uninsured or unidentified. Lodge within 28 days to backdate income support.
5. Get your claim valued before you accept any offer, so you do not under-settle before the full extent of your injuries is clear.
Withstand Lawyers offers this on a no win, no fee basis. Call 1800 952 898.
How long does a pedestrian injury claim take to settle?
Most NSW pedestrian injury claims settle within one to two years. Straightforward claims are quicker; surgery, disputed fault or long-term injuries take longer.
Your injuries need to settle down before a fair lump sum can be worked out, because you cannot reopen a lump sum once you accept it. That is why the costly mistake is settling too early, before the full picture of your recovery is clear.
What are real pedestrian accident payouts in NSW?
Every claim turns on its own facts and these outcomes are not a guarantee, but they show how injury severity drives value for injured pedestrians.
Marcus, 41, hit on a pedestrian crossing, $780,000. Marcus was struck by a turning car while crossing on a green pedestrian signal, suffering a fractured pelvis and a broken leg that needed surgery. The insurer accepted the driver failed to give way, and his claim settled at $780,000 for his income loss, future care and pain and suffering.
Yvonne, 58, hit by a reversing car in a car park, $520,000. Yvonne was walking behind a vehicle reversing out of a shopping centre space when it struck her, causing a fractured hip and a torn shoulder. Despite the low speed, her injuries were lasting, and her claim settled at $520,000.
Liam, 24, hit-and-run pedestrian, $1.6 million. Liam was hit crossing a road at night by a car that did not stop. Through the Nominal Defendant, and with police reports and CCTV supporting the claim, we recovered $1.6 million for a serious brain injury that left him unable to return to full-time work.
| Client | What happened | Settlement |
|---|---|---|
| Marcus, 41 | Hit on a pedestrian crossing; fractured pelvis and broken leg | $780,000 |
| Yvonne, 58 | Struck by a reversing car in a car park; fractured hip and torn shoulder | $520,000 |
| Liam, 24 | Hit and run at night; serious brain injury (Nominal Defendant) | $1,600,000 |
See more real outcomes on our claims won page.
Do you need a pedestrian accident lawyer in NSW?
You do not have to use a pedestrian accident lawyer, but these claims turn on fault disputes, medical assessments and insurer negotiation, where mistakes cost real money. A pedestrian accident lawyer gets your injuries classified correctly, documents your future losses, and pushes back when the insurer tries to blame you.
With Withstand Lawyers, 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, so there is no upfront cost and no financial risk. We also act in the wider range of car accident compensation and cycling injury claims across NSW.
Call 1800 952 898 or use the Free Claim Check form on this page for a free, no obligation assessment.
Pedestrian Accident Lawyer FAQs
Who pays when a pedestrian is hit by a car in NSW?
How much compensation do you get if you are hit by a car as a pedestrian?
What are the time limits for a pedestrian injury claim in NSW?
Can you claim if you were partly at fault for a pedestrian accident?
Can you claim as a pedestrian after a hit and run?
Can you sue if you are hit by a car as a pedestrian?
What is a non-threshold pedestrian injury?
How much does a pedestrian accident lawyer cost?
How long does a pedestrian injury claim take in NSW?
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 vehicle while walking is frightening, and the injuries can be life-changing. Withstand Lawyers brings decades of combined experience and a proven record of helping seriously injured people across NSW rebuild their lives. Withstand Lawyers is dedicated to pedestrian accident claims, combining deep knowledge of the CTP scheme with genuine client care and a relentless focus on the best result for you. In the aftermath you are facing treatment, time off work and dealing with an insurer, so our pedestrian accident lawyers take that pressure off you, explaining your rights clearly and dealing directly with the CTP insurer or the Nominal Defendant so you never have to chase the driver yourself. We tell you what your claim is worth, without pressuring you to settle. Over $60 million recovered since 2014 for clients across Australia and NSW, a 99% success rate, no win, no fee. Call Withstand Lawyers today on 1800 952 898 or request your free claim check.
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4.9 ★ — 265+ Reviews
“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground.
Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life.
I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!”
“I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.”
“I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.”
“Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.”
“Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.”
Meet Your Motor Vehicle Accident Lawyers
Every motor vehicle accident claim is handled by a personal injury lawyer with dedicated motor vehicle accident experience.
Issa Rabaya
Director, Lawyer
Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result.
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Minaa Mohmand
Special Counsel
Special Counsel with over a decade of experience since 2016, handling complex, higher-value claims: serious injuries, disputed liability and matters heading to litigation, across motor vehicle accidents, work injury damages, public liability and TPD.
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Esther Ihn
Senior Associate
Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims.
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Mihana Wen
Associate
Associate with 6 years' experience since 2020 and a recent $1.95 million motor vehicle accident settlement, known for not taking no for an answer and lodging appeal submissions for injuries insurers try to deem below the 11% whole person impairment threshold for pain and suffering. The go-to for car accident claims, guiding clients from the first CTP submission through to settlement with a compassionate, hands-on approach.
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