Who can claim

Hit by a Car as a Pedestrian

Pedestrians injured by a motor vehicle in NSW can generally make a CTP claim — even if you weren't at a marked crossing.

Last updated · General information, not legal advice

Overview

If you were hit by a car, ute, truck, motorcycle or bus while on foot in NSW, you can generally make a CTP claim against that vehicle's Green Slip insurer. Pedestrian claims are covered by the same scheme as any other motor accident claim — you don't need to have been at a pedestrian crossing, and you don't need the driver to have been booked by police. What matters is that a motor vehicle caused your injury. If the vehicle can't be identified or wasn't insured, there's still a pathway to claim, through the Nominal Defendant.

Typical injuries & claim issues

  • Fractures to the legs, hips or pelvis from vehicle impact
  • Head injuries and concussion, particularly where there was a fall after impact
  • Spinal and back injuries
  • Soft tissue and joint injuries
  • Psychological injuries, including trauma from the incident itself

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How we help

We'll talk through what happened — where you were, whether the vehicle stopped, what police involvement there was — and explain what that means for your claim, including whether the Nominal Defendant applies. A free claim check costs nothing. Where liability is disputed or your injuries are serious, we'll connect you with an independent lawyer who handles pedestrian claims specifically; where your claim is straightforward, we'll tell you that too. For many pedestrian claims, what matters most isn't a lawyer at all — it's the right doctor and allied health team for your injuries and your Certificate of Fitness. See doctors and allied health for CTP claims if that's what you need next.

CTP eligibility

Pedestrians are usually found to have little or no fault for a crash, which generally means access to the full range of statutory benefits and, for a non-threshold injury, common law damages. Fault can still be contested — for example if you crossed away from a crossing or against a signal — which is where contributory negligence can reduce a payout without ruling out a claim entirely. If the vehicle involved was unidentified (a hit-and-run) or uninsured, you can generally claim against the Nominal Defendant, a NSW Government-backed fund, provided you make "due inquiry and search" to identify the vehicle — for example, reporting the accident to police promptly and following up witnesses.

This is general information, not legal advice. Rules depend on your accident date, injury and circumstances, and they change — check the current scheme rules with SIRA and get advice about your own situation.

Key points

  • You don't need to have been at a marked crossing to claim
  • Hit-and-run and uninsured-vehicle claims generally go through the Nominal Defendant
  • Report the accident to police promptly and try to identify the vehicle — the scheme expects "due inquiry and search"
  • Contested fault (for example, crossing away from a crossing) can reduce a damages payout without ruling out a claim
  • The same 28-day rule for back-paid weekly payments applies to Nominal Defendant claims

Frequently asked questions

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  • We look at where your claim is up to — the insurer's decisions, the time limits, and what's in dispute.
  • If your case calls for a lawyer, we can connect you with an independent specialist CTP lawyer. You choose whether to go ahead.
  • If what you need is treatment rather than a lawyer, we'll say so — and refer you to a doctor or allied health provider.
  • Free, with no obligation. Many claims never need a lawyer — if yours doesn't, we'll tell you.

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CTP Lawyer is not a law firm and doesn't give legal advice. General information only — the independent lawyer you speak with can advise on your situation.

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