Pedestrian’s Entitlements In A Motor Vehicle Accident – Taylor & Scott

Pedestrian Entitlements to Compensation in a Motor Vehicle Accident

Pedestrians make up the largest group of road users in Australia. Whether you are walking to your car, to the bus stop, or with your dog to the park, at some point in the day you are likely to be a pedestrian. An accident involving a motor vehicle can happen at any time, and when a pedestrian is involved, the risk of serious injury or death is often much higher. When the unthinkable occurs, what compensation, if any, is a pedestrian entitled to?

Are pedestrians entitled to compensation?

Yes. A compulsory third party (CTP) insurance scheme, introduced through the Motor Accident Injuries Act 2017, allows all road users in NSW, including pedestrians, to access clearly defined statutory benefits, regardless of fault. Pedestrians have access to the same benefits available to drivers, passengers, cyclists and other road users.

What are they entitled to?

Legislation clearly defines the benefits available to injured road users, however, the benefits are capped for minor injuries and strict time limits apply.
Medical expenses Injured pedestrians, and indeed any injured road user, can claim benefits to help cover medical costs, including hospital expenses, specialist appointments, rehabilitation and equipment. Legislation states that the injured road user is entitled to statutory benefits for the “reasonable and necessary treatment and care expenses relating to the injury from the accident.”

Domestic assistance

An injured pedestrian can also claim for domestic assistance if they require a cleaner or gardener to perform duties that the injured person would have otherwise done had they not been injured.

Loss of wages

Where an injury results in loss of wages or a reduced capacity to work, the injured pedestrian can claim weekly benefits to help cover these costs. If an injured pedestrian can no longer work in the same capacity in the future, then they may claim for future economic loss.

Pain and suffering

If a pedestrian has been severely injured, they may be entitled to a lump sum payment to cover pain and suffering.

Funeral expenses

In circumstances where an accident results in the death of a pedestrian, the family may be entitled to reasonable funeral expenses.

Are there any exceptions?

If a pedestrian is at fault or partly at fault, the benefits available may be reduced. Children make up a special category and are entitled to statutory benefits regardless of fault. The benefits are automatically available to injured children (under 16 years) involved in a motor vehicle accident to cover medical costs and lump sum payments if they sustain permanent impairment.

How can a pedestrian make a claim?

Pedestrians involved in a motor vehicle accident can claim compensation through a relatively straightforward claims process. Benefits are paid by CTP insurers and claims should be made to the relevant CTP insurer, which in most cases is the insurer of the at-fault motor vehicle.

What happens if the accident is a ‘hit and run’?

Hit and run accidents commonly involve pedestrians. Where the at-fault vehicle is uninsured or cannot be identified, as is the case in hit and run accidents, an injured pedestrian can still make a compensation claim against a nominal defendant.

Do you need legal advice?

While legal advice is not mandatory to make a claim, it is certainly helpful to have the expertise of a lawyer who specialises in motor vehicle accident compensation on your side.

Undertaking the claims process yourself can be complicated. Important steps or key information can often be overlooked or missed, which could make a big difference to the benefits you receive. Ensure you give yourself the very best chance to recover from your
injuries with Taylor & Scott.

Arrange a meeting with us or call today on 1800 651 671.

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