Car accidents can have serious consequences for all of those involved, especially if you are a pedestrian. When a pedestrian has been hit by a car, their injuries are usually far more severe than those of the driver and passengers within the car. As pedestrians are clearly no match for the size and weight of any vehicle, the law allows those involved in a pedestrian accident to receive significant compensation for their injuries. Read on to find out more about how to claim personal injury compensation after a pedestrian accident, and what you can be compensated for.
Am I Eligible for Personal Injury Compensation?
If you were a pedestrian who was hit by a car (or any other road vehicle) and have since suffered injuries, then you may be eligible for injury compensation- by making a motor vehicle personal injury compensation claim.
What Do I Need to Do Before Making a Personal Injury Claim?
Personal injury claims will require certain information from you, and to obtain this information you should take steps such as:
- Report the pedestrian accident to the police
You should report the accident to the police as soon as possible. If you have failed to report the accident to the police within 28 days of the accident, you will be required to explain this delay when making any future claims. Once you have reported the accident, ensure that the police officer has given you a police event number, as this is also a requirement for many claims.
- Seek medical attention soon after the accident
It is important to ensure that any injuries sustained from the accident receive medical attention as soon as possible. Even if you feel as though you have not suffered any harm, some injuries may take some time to appear and seeking medical attention will help determine if any future medical treatment or ongoing care is required. Evidence of medical records and receipts must be kept for any future claims, as they are required as evidence that your injuries arose from the accident itself and not for any other reason.
- Obtain the details of the other parties involved
Under the Compulsory Third Party (CTP) insurance scheme, all vehicle owners in New South Wales are required to have CTP insurance. Therefore, you should obtain the details of the person who was driving the car that hit you and their CTP insurer. If they refuse to provide you with this information, record their number plate and vehicle registration number so that the Motor Accidents Authority might obtain their details. In some circumstances, such as during a hit and run, it may not be possible to obtain details of the other vehicle. In this case, you should ask the police or any witnesses for details. If details can still not be obtained, your lawyer will consider filing a claim under the NSW’s Nominal Defendant scheme.
What Types of Personal Injury Claims Can I Make?
In the case of a pedestrian accident, injured parties are entitled to receive compensation under both an Accident Nomination Form and a Personal Injury Compensation Claim Form.
- Accident nomination claim
Injured parties must lodge an accident notification claim with the CTP insurer of the driver that hit them within 28 days of the accident. For this claim, you can receive up to $5000 in compensation for expenses incurred for up to 6 months after the accident has occurred.
- Personal injury claim
Injured parties can also lodge a personal injury claim with the CTP insurer of the driver that hit them, within 6 months of the accident. This claim is for when you expect your expenses to amount more than $5000, or that the recovery time for your injuries will exceed 6 months.
Who Pays Out The Compensation?
Under the Compulsory Third Party (CTP) insurance scheme, all car owners in New South Wales are required to have CTP insurance. Victims of pedestrian accidents are covered by this scheme, and compensation claims can be made against the insurer of the negligent driver or car owner.
What Can I Receive Compensation For?
If your personal injury compensation claims are successful, you may receive compensation for:
- Medical, rehabilitation and hospital expenses
- Home modification and attendant care expenses
- Loss of earnings or earning capacity
- Pain, suffering and loss of enjoyment of life (if you have suffered a whole person impairment over the 10% threshold)
For more information about a motor vehicle accident compensation claim, get in touch with Schreuder Partners today.