If a pedestrian is injured in a motor vehicle accident, it is often necessary to seek injury compensation as the resulting personal injuries can be quite severe. Throughout Australia, more than 1000 pedestrians are hospitalised each year with serious injuries after being struck by a motor vehicle.
Pedestrian motor vehicle accident injuries can often be life-threatening and life-altering. Read on to find out what to do if you are a pedestrian injured in a motor vehicle accident.
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?
Seek medical attention
Your first, and foremost step is to seek medical attention. Pedestrian injuries from a car accident can be serious, even if you feel fine. Common personal injuries include broken bones, head injuries, back injuries and lacerations. Make sure that the incident is reported to the police within 28 days and take down the details of the driver involved and any witnesses at the scene.
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.
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.
Injury compensation
If you are a pedestrian injured in a motor vehicle accident, you may be eligible to receive injury compensation. You will need to consult with a personal injury lawyer to determine whether you have a good chance of success if you pursue a claim.
Determining fault
In most cases of pedestrians injured in motor vehicle accidents, it is usually the driver who is placed at fault for the incident. However, you may be considered partly at fault if you:
- Made yourself not visible at night, or you were walking on an unlit road;
- Failing to exercise reasonable care and caution to avoid a road accident; or
- Being intoxicated at the time of the accident.
If you are considered partly at fault you may still be eligible for injury compensation but the amount you receive will be reduced accordingly. Here’s how car accident compensation claims are calculated.
Personal injury claims
Pedestrian accident claims are regarded as personal injury claims. Personal injury claims can cover a wide range of criteria, so it is best to discuss with a personal injuries lawyer about what you will be hoping to claim. Injury compensation can cover a number of things such as:
- Medical expenses (hospital bills, prescriptions, specialist visits, travel, etc.);
- Past and future economic loss;
- Physical and psychological suffering; and
- Past and future domestic assistance.
Types of injury claims you can make
If you sustain pedestrian injuries from a car accident you are entitled to claim under both an Accident Notification Form and a Personal Injury Claim Form.
- Accident Notification Form
- The injured party must lodge an Accident Notification Form with the CTP insurer of the driver at fault. You have 28 days to lodge this claim form, so ensure that you do not delay this initial aspect of your claim. In this instance, you may receive up to $5,000 in compensation for any financial loss resulting from your injuries within 6 months from when the accident occurred.
- Personal Injury Claim Form
- You will then need to lodge a Personal Injury Claim Form, in the event you believe your expenses amount to more $5000, or your recovery time exceeds 6 months.
Who will pay out your compensation?
The CTP insurer of the negligent driver will be responsible for paying out the compensation amount. Under the Compulsory Third Party (CTP) Insurance Scheme, all drivers in New South Wales are required to have a CTP insurer, so be sure to take down the details of the driver’s CTP insurer so you can contact them.
What if it was a hit and run?
Victims of a hit and run accident may still be able to make pedestrian accident claims. In NSW, the nominal defendant scheme allows injured victims of car accidents lodge claims even when the identity of the driver is unknown. Speak to your personal injury lawyer about what will be involved and what is the best course of action.
How long will it take and how much will it cost?
A personal injury claim can take up to 6-12 months to reach a settlement. The time period will depend on how severe your personal injuries are and whether you have reached a stable point where it is unlikely your injury will worsen.
Your personal injury lawyer should be able to answer all your questions about any legal fees that will arise. Some lawyers offer free consultations and a “no win, no fee” guarantee, which means that you will not have to worry about paying any fees until your case is resolved and the amount you pay will be dependent on whether your case is successful or not.
If you have sustained pedestrian injuries from a car accident contact Schreuders for a free consultation on how to make pedestrian accident claims.
I was a pedestrian hit by a car. What should I do?
A new scheme has commenced for compensation for those injured in a motor vehicle accident after 1 December 2017 and which is covered by the New South Wales CTP scheme. This includes pedestrians who were injured as a result of being hit by a car.
The first thing you should do, is report the accident to the Policy within 28 days of the accident occurring.
You will also be required to complete and sign an Application for Personal Injury Benefits and obtain from your Doctor a completed Certificate of Capacity.
Once you complete the Form and Certificate, we will then be able to lodge this upon the vehicle at faults Insurer. The Insurer will then provide you with a Claim Number and be able to commence, if applicable, the cost of medical expenses and care costs, and weekly income support payments to you.
Pedestrian hit by car compensation – how much do you get?
One cannot determine how much you will get as a result of being hit by a car, until you are assessed by our medico-legal Doctor. This will take place only when your injuries have stabilised, and only if you meet the criteria to make a damages claim, which is a lump sum compensation.
Only people who are not at fault in the accident can make a Damages Claim.
Who can claim?
Lump sum compensation is available only to people who:
- have more than minor injuries, and
- were not at fault in the accident.
What if I was at fault in the accident?
If you were at fault in the accident, you will not be able to claim a lump sum payment.
You will however still be able to lodge an Application for Personal Injury Benefits and Certificate of Capacity.
You will only be entitled, should the Insurer approve same, regular income support payments for a portion of the income you have lost because of the injuries you sustained, along with approved treatment.
After six months from the date of the accident, these entitlements will cease.
How long do you have to make a pedestrian injury claim?
Ideally, the Statutory Benefits claim should be lodged with the CTP insurer of the at-fault vehicle within 28 days of the accident.
The time for making a claim is:
The claim for statutory benefits must be made within three months after the date of the accident to which the claim relates.
Where the claim is not made within 28 days of the accident, weekly payments of statutory benefits are not payable in respect of any period before the claim is made.
A claim for statutory benefits may be made more than three months after the accident if a full and satisfactory explanation for delay is provided and either the claim is made within three years of the date of the accident, OR is made in respect of the death of a person or injury which results in degree of permanent.
What if it was a hit and run?
In the event you are involved in a hit and run accident, you will still be required to lodge an Application for Personal Injury Benefits and Certificate of Capacity with the office of the Nominal Defendant. The Nominal Defendant upon receipt of the documents will appoint an Insurer to handle your claim. For more information on our Hit and Run Accidents, check out our blog ‘What To Do If You Are In a Hit and Run Accident?’.
Do I need a lawyer to make a pedestrian injury claim?
Lawyers know the relevant legislation that applies to all aspects of the CTP claims process. We will be able to guide you, and ensure that you receive the compensation that you are entitled to.