Were you a pedestrian involved in a motor vehicle accident? You may be eligible to make a motor vehicle claim. Consult our expert car accident lawyers today.
Motor vehicle accidents are cause for a great deal of stress, particularly if you were hit by a car as a pedestrian. After the initial shock of the accident, you may have many questions and want to know your rights and entitlements. In this blog, we will ease your key concerns and provide insights into the steps involved in making a claim.
If you were a driver in the accident, follow these steps instead.
Steps to take as a pedestrian involved in a motor vehicle accident
Being hit by a motor vehicle can cause a massive shock to the system. Depending on your level of capability following the accident, it is recommended to take certain precautions at the time of the accident.
First and foremost, you should ensure that you are out of further harm’s way. Once you are safe, call the police and report the incident.
If you are able, you should try to take down the details of the driver and any other witnesses that were present at the time. In particular, you should note the following:
- Name of the driver
- Address of the driver
- License plate number
- Insurance details
Ask to see the driver’s license to confirm you are getting down the right details.
If the car does not belong to the driver, you should also take down the details of the owner. This information may not be readily available or forthcoming but where possible, you should attempt to obtain the details.
Take as many pictures of the accident scene as necessary using your smartphone. Having as much information as possible will greatly assist when making your motor vehicle accident claim.
It is mandatory for all motor vehicles in Australia to have CTP (compulsory third party) insurance. This covers liability for any person who drives the vehicle and results in injury to passengers and other road users including pedestrians.
If you are ready to make your claim, contact Masselos & Co lawyers, Motor vehicle accident claims are our specialty.
Lodging your motor vehicle accident claim as a pedestrian
All pedestrian related motor vehicle accident claims must be lodged within 28 days of the incident.
To lodge the claim, you will need the following:
- Police event number – this is obtained when you report the incident to the police
- The CTP insurer
- Medical certificate from a medical practitioner
Each state in Australia has a different process in terms of lodgement. It is always wise to check with a motor accident lawyer regarding the requirements to ensure no delays in making your claim. In NSW, claims are all streamlined through SIRA (State Insurance Regulatory Authority) and applications can be made via an individual’s Service NSW account.
What level of motor vehicle accident compensation will I receive?
Your entitlement for compensation due to a motor vehicle accident injury depends on the extent of the injuries sustained. In NSW, you would be covered by statutory benefits regardless of fault, however the length of coverage will differ. In cases where it was deemed that you are mostly at fault or in case of minor injuries you can make a claim for up to six months of benefit. However, in cases where you have received a non-minor injury and are not the personal at fault statutory benefit could last up to 3 years.
Benefits you can claim include:
- Medical expenses
- Compensation for time off work (calculated as a percentage of your earnings prior to the accident)
- Any other support you may require for recovery
In cases where you are not at fault you may be also be eligible to claim for Common Law damages. You will not however be able to claim any damage to property as part of your personal injury claim. If you need to make a claim for a motor vehicle accident as a pedestrian, consult a personal injury specialist today.
Speak to our car accident lawyers
The aftermath of a motor vehicle accident can be overwhelming, especially if you were a pedestrian who has suffered injuries, but there is help available. The car accident lawyers at Masselos & Co lawyers are here to assist you with your claim and ensure you receive the compensation you deserve. Get in touch today and book your free consultation.