Pedestrian Injury Claims: An In-Depth Explanation by Our Compensation Lawyer

If you’ve been injured as a pedestrian in Queensland, you may be entitled to compensation under the Compulsory Third Party (CTP) scheme. We appreciate that any injury suffered through no fault of your own can be hard on you and your family. That’s why you may choose to seek the assistance of experienced pedestrian injury claims lawyers in Brisbane to guide you through the process.

Here’s what you need to know about pedestrian accident compensation claims.

Pedestrian accident compensation claims

Anybody who is injured as a pedestrian is entitled to lodge a claim with the at-fault driver’s CTP insurer. Whether you’ve been injured by a car, bus, truck, motorbike or any other vehicle, you are able to make a claim.

Pedestrian injury claims may provide compensation for the following:

  • Pain and suffering;
  • Loss of income(past and future);
  • Medical expenses (past and future); and
  • Care and assistance (past and future).

If you’re injured as a pedestrian through no fault of your own, our experienced compensation lawyers can help. We help lodge your initial claim with a CTP insurer, negotiate a settlement, or take the matter to court if no satisfactory resolution is reached. Importantly, we offer a no win, no fee service, so if we don’t get you compensation, you don’t pay.

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What to do if you have been injured as a pedestrian

The Compulsory Third Party insurance scheme is a fault-based system, meaning you need to identify who was responsible for the accident. All registered vehicles in Queensland must have a third-party insurer, so it is important to record the registration plate of at-fault registration plates. If this isn’t possible because the driver leaves the scene, you may lodge a claim against the Nominal Defendant, a state government body that acts as a CTP insurer. Here are the steps to follow if you’ve been injured as a pedestrian.

  • Exchange information with the at-fault driver: Ask for the driver’s contact details (including name, number and address) and vehicle registration. If there are witnesses, you should obtain their contact details too.
  • Report the incident to the police: Even if it was an accident, you still need to lodge a police report and obtain a report number.
  • Seek medical attention: If you require it, seek medical attention as soon as possible. Not all injuries may be apparent straight away so it may best to check in with your treating practitioner out of caution. Ensure you report every ache, pain or injury to your doctor and ask that they keep comprehensive records.
  • Lodge your claim: Lodge a notification of accident claim with the at-fault driver’s CTP insurer. If the at-fault person is unidentified, lodge your claim against the Nominal Defendant.

If you’re uncertain about any of the steps or want peace of mind that your claim is managed properly, seek legal advice. Pedestrian injury compensation claims can be complex, so the support and guidance of an experienced personal injury lawyer can improve your chances of a successful claim.

How to make a pedestrian injury claim after an accident

What steps should I take following a hit-and-run pedestrian accident with an unidentified driver?

Even if the driver or vehicle that hit you cannot be identified, you still may be able to make a compensation claim. If you’ve been injured as a pedestrian and the driver leaves the scene, you should proceed as follows:

  • Record as many details about the accident as possible, particularly registration plates;
  • Seek appropriate medical attention. Your health is important;
  • Advise the police of the incident by telephone;
  • Keep all documents arising from the accident (including towing receipts); and
  • Contact your trusted pedestrian injury compensation lawyers as soon as possible.

Where a vehicle or driver cannot be identified, is unregistered or is not covered by a CTP insurer, you can make a claim against the Nominal Defendant. This is effectively the state government acting as a CTP insurer for such claims. There are strict time limit so any delay may be prejudicial to your interests.

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How much do pedestrian accident claim lawyers cost?

Every case is a little different depending on its complexity and duration. However, you can rest easy when dealing with Rogalski Lawyers. We operate on a no win, no fee basis. This means if we do not settle your claim with a CTP insurer or the Nominal Defendant, you won’t pay a cent. The same applies if we must take your matter to court and don’t win.

If we are successful, the CTP insurer or the Nominal Defendant may payover half of our legal fees (in addition to your compensation). This means that you will only have to pay a much smaller portion of our legal fees from your compensation payout amount. You don’t pay anything upfront, meaning you can access highly qualified personal injury lawyers with no out-of-pocket expenses. If you have any concerns about our legal fees, please don’t hesitate to contact our office so that we can answer any of your questions.

How long does a pedestrian accident claim take to settle

Unfortunately, there is no set amount of time that pedestrian accident compensation claims take to settle. A number of factors influence the amount of time it takes to finalise a pedestrian accident claim including the passage to time for your injuries to reach maximum medical improvement.If you seek compensation too soon, before the full extent of your injuries become apparent, you may find it difficult to get monetary compensation towards ongoing medical costs. Our personal injury lawyers can advise further to ensure you get the right balance between the speed and quality of your claim.

CTP insurers are usually willing to negotiate to resolve claims. You must consider any offers very carefully because if you decide to accept an offer, your claim journey ends there.You don’t want to undersell your injuries.If no satisfactory resolution is reached with the CTP insurer, you may ask us to pursue the matter in court.

Do I need a lawyer for pedestrian accident claims?

It is not a requirement to engage a lawyer for a pedestrian accident claim but we certainly recommend it. Many claims appear straightforward but there are generally ‘traps’ along the way which can lead to you obtain more compensation in the hand. The CTP insurers aim to settle your claim for as little as possible. It is important that you know your rights and entitlements. For this reason we strongly recommend the assistance of an experienced compensation lawyer.

In addition, you may want to seek legal advice to ensure the correct claim processes are followed. This can help you avoid complications down the track, particularly if your claim becomes difficult to manage. An accredited specialist personal injuries lawyer has a deep understanding of compensation law, and is therefore best placed to ensure you receive the monetary compensation you’re entitled to.

This is general information only and does not constitute specific legal advice. It is always prudent to seek legal advice specific to your personal circumstances.

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Date Posted: October 17, 2023