I was a pedestrian hit by a car, what should I do?

What to do when a pedestrian is hit by a car?

In NSW, pedestrians can claim compensation under the Motor Accident Injuries Act NSW 2017, if they are hit by a car and sustain injury.

If you have been hit by a car as a pedestrian here is what you should do.

1.     You need to call the Police and report the accident immediately. You should obtain a Police event number.

2.     You should go to the hospital or your general practitioner and obtain treatment for any injuries you have sustained.

3.     Make sure your GP or the hospital records how your accident occurred and records all the injuries you have sustained, even those injuries that might seem minor at the time.

If because of the car accident you need time off work or payment for medical treatment, you should submit an Application for Personal Injury Benefits through SIRA. You will need the details of the vehicle that hit you to identify the CTP insurer, the Police event number and a medical certificate from your GP. You can complete the application form here.

You must submit your pedestrian accident claim within 28 days of the accident to be able to claim loss of income and payment of medical expenses. If your injuries are serious, you may also be entitled to make a claim for common law damages. This claim is made, usually, around 20 months following the motor vehicle accident.

What Pedestrian Accidents Can You Claim Compensation For?

You can make a claim for compensation under the Motor Accident Injuries Act NSW 2017 if you have been hit by a car as a pedestrian. It doesn’t matter if the accident is wholly, partially, or not your fault. If you have been struck by a motor vehicle and sustained injury you can make a claim. You can make a claim if you are a pedestrian hit by a car, truck, bus, uber, a motorcycle or even a forklift.

What if I was at fault in the accident?

In most accidents where a pedestrian is hit by a car, it is the driver of the car who is considered to be at fault. Drivers have a duty to avoid hitting pedestrians, even when the pedestrian may be considered partly at fault. Almost all pedestrians who have sustained injury by being hit by a car can make a claim for compensation. There may be some reduction for “contributory negligence” however, you are still likely to be able to obtain significant compensation for you injuries.

What if it was a hit and run?

If you are injured in a hit and run and cannot identify the vehicle which caused the accident, then you can still make a claim under the NSW CTP scheme. You make a claim against the “Nominal Defendant”, which is a government insurer and will pay you any compensation even where the vehicle which caused the accident cannot be identified.

How long do you have to make a pedestrian injury claim?

You must make an Application for Personal Injury Benefits through the SIRA within 28 days to be eligible for payment of loss of income and medical expenses. You also need to have reported the accident to the Police and obtain an event number within 28 days of the accident.

How long does a pedestrian injury claim take?

Once you submit the Application for Personal Injury Benefits the insurer will review your claim and will within days make payments for compensation and medical expenses. It is important to therefore make the application for personal injury benefits as soon as possible.

If you require any legal advice in relation to pedestrian accident claims, please dont hesitate to contact Garling & Co Lawyers and speak to one of our accredited specialists in personal injury law. You can contact our office at (02) 8329 9500 or complete a free case assessment here.