Can You Claim Compensation If You Are A Pedestrian?

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Although most motor vehicle accidents occur between two or more cars, occasionally pedestrians are the ones who are hit. If you have been hit by a car in Queensland you may be entitled to compensation, even if it was a ‘hit and run’ accident.

I was a pedestrian who was hit by a vehicle. Who do I make the claim against?

If you were hit by a vehicle and the driver did not flee the scene, you can make a pedestrian compensation claim. In these types of cases, claiming compensation for injuries is almost always successful.

If you sustained injuries as the victim of a ‘hit and run’ accident, you can still make a claim for compensation, however, you will need to bring the claim against the nominal defendant. The nominal defendant is a government body that was established to compensate people who were injured as a result of unidentified and/or uninsured negligent drivers. Through this body, you can pursue a compensation claim in a similar way to what you would if you knew the identity of the driver.

How do I make a pedestrian compensation claim in Queensland?

The simplest way to make a pedestrian compensation claim in Queensland is to have a personal injury lawyer help you with the process. Personal injury lawyers work on these types of claims every single day and know exactly what is involved.

Once you have sought the help of a lawyer, they can assist you to build your case. This usually involves obtaining medical evidence that will help to show the extent of your injuries, as well as the financial loss you have suffered as a result of missed work and/or medical appointments that would have been unnecessary had you not been involved in the accident.

Like most compensation claims, a pedestrian compensation claim is subject to very strict timelines that can be confusing and stressful. In Queensland, you are required to start your claim within 9 months from the date of the car accident. After you commence the claim, a personal injury lawyer can manage your case to make sure you do not miss any deadlines and that all the correct information is supplied for each one. They can also help you to understand how long it will take the case to run, give you an estimate of likely compensation and guide you through documentation that needs to be completed.

As personal injury lawyers are dealing with insurers on a regular basis, they have usually built a rapport with them and this helps the matter to run more smoothly. In a lot of cases, the matter can be settled without any acrimony, leaving you free to focus on your healing process.

How much compensation will I receive?

The amount of compensation you may be eligible for will depend on the severity of your injuries and their impact on your daily life. If, for example, you have been unable to work since the accident, this would be taken into consideration.

Other factors that are assessed when your compensation is being calculated include:

  • medical expenses;
  • pain and suffering;
  • any care you may have received; and
  • current and future ability to earn an income.

If you have been unable to work due to your injuries but you have been attending medical appointments, it is understandable that bills may be quickly adding up. In some cases, even prior to compensation being paid, the insurer is able to pay for the cost of medical treatments, including surgery. The best way to ensure you can claim the maximum amount of compensation is to seek the assistance of a personal injury lawyer.