Last updated · General information, not legal advice
Overview
Being hit by a car as a pedestrian is frightening, and often happens fast enough that the details are hazy afterwards — which is exactly why the immediate aftermath matters for your claim. You can generally make a CTP claim against the driver's Green Slip insurer regardless of exactly where the accident happened, but fault can still be argued against a pedestrian, particularly around crossings, so understanding how fault is assessed helps you respond to that from an informed position.
Key points
- You can generally claim regardless of exactly where you were crossing
- Some contested fault reduces rather than eliminates a claim in most cases
- Police reports and witness accounts are central to resolving any fault dispute
- Statutory benefits are usually available even where fault is being contested
- If the vehicle didn't stop, the Nominal Defendant may be able to help
Your situation
Work out where you stand
How we help
A free claim check talks you through what to expect, including how the insurer is likely to approach fault on your specific facts. If liability is disputed or your injuries are serious, we'll connect you with an independent lawyer experienced in pedestrian claims. There's no cost and no obligation to go further than the initial conversation. Alongside any fault dispute, getting properly assessed by a doctor experienced with CTP claims — and referred to physio or other allied health if needed — matters for your recovery and your Certificate of Fitness. See doctors and allied health for CTP claims for help finding providers.
What this means
As a pedestrian, you're generally found to have little or no fault unless there's clear evidence otherwise, such as crossing well away from a crossing against traffic, or stepping out from between parked cars without looking. Even where some fault is found against you, it typically reduces rather than eliminates a claim, and statutory benefits (treatment and income support) are usually still available. Report the accident to police, seek medical attention promptly, and where possible get contact details for any witnesses — this evidence is what a fault dispute usually turns on.
This is general information, not legal advice. Rules depend on your accident date and circumstances, and they change — check the current scheme rules with SIRA and get advice about your own situation.
