If you’ve been hit by a car in Sydney, it’s crucial to understand your rights and the steps you can take to seek compensation for your injuries. Pedestrian accidents can result in serious injuries, and knowing how to navigate the legal and insurance processes is essential to ensuring you receive the compensation you deserve.
Here’s what you need to know if you’ve been hit by a car in Sydney and how to protect your rights:
1. Immediate Actions After the Accident
The first thing you should do after being hit by a car is to ensure your safety and seek medical attention. Even if you feel okay at first, injuries can sometimes manifest later. Here’s what you should do:
- Call emergency services: Dial 000 to report the accident and get immediate medical help if needed.
- Seek medical treatment: Even if you feel fine, injuries can sometimes be hidden. See a doctor as soon as possible to document any potential injuries.
- Collect evidence: If you’re able, gather as much evidence as possible. This could include:
- Photos of the scene, your injuries, and vehicle damage.
- Witness statements and contact details.
- The driver’s details (e.g., insurance information, license plate, name, and contact information).
The more information you have, the easier it will be to build your case for compensation.
2. Reporting the Accident
In Sydney, you are required to report an accident involving a pedestrian and a motor vehicle to the police, especially if there’s significant injury or property damage. The police will file a report that can serve as evidence in any legal proceedings or insurance claims.
3. Understanding Your Rights in Sydney
If you’ve been hit by a car in Sydney, you have several rights when it comes to seeking compensation for your injuries:
A. Compensation for Injuries
In New South Wales (NSW), Compulsory Third Party (CTP) insurance covers injuries resulting from accidents involving motor vehicles. Whether you’re the pedestrian, driver, or passenger, this insurance can help cover:
- Medical costs: Including hospital bills, rehabilitation, medications, and any other treatment you need.
- Lost income: If your injury prevents you from working, you can claim compensation for lost wages.
- Pain and suffering: You can claim for physical pain, emotional distress, and any long-term consequences of the injury.
- Future care and treatment: If you require ongoing care due to your injuries, you may be entitled to future compensation for medical and rehabilitation costs.
B. CTP Insurance
In NSW, the CTP insurance is mandatory for all vehicles, and it provides coverage for pedestrians who are injured in an accident. The driver’s CTP insurer is responsible for compensating pedestrians involved in an accident, regardless of who was at fault. The insurer will cover your medical bills, lost income, and other expenses related to the injury.
- Fault: Unlike some other states, NSW’s CTP insurance system allows pedestrians to claim compensation even if they were partially at fault in the accident (e.g., crossing the street without looking). However, the amount you can claim may be reduced depending on your level of responsibility in causing the accident.
C. Statutory Benefits vs. Common Law Claims
There are two types of claims you can pursue after being hit by a car in Sydney:
- Statutory Benefits (No-Fault Compensation): This is the first option, available regardless of who caused the accident. You can receive compensation for medical treatment, lost wages, and rehabilitation costs. However, pain and suffering are generally not covered under statutory benefits.
- Common Law Claim: If the accident was caused by the negligence of the driver, you may be entitled to a common law claim for additional compensation, including pain and suffering. In this case, you’ll need to prove that the driver was at fault and that their actions directly caused your injuries.
4. Time Limits for Claims
It’s important to act quickly after an accident because there are time limits on when you can file a claim:
- For statutory benefits, you must lodge a claim within 28 days of the accident to be eligible for no-fault benefits.
- For common law claims, you typically have 3 years from the date of the accident to file a lawsuit. However, it’s best to contact a lawyer as soon as possible to ensure your claim is filed on time.
5. What to Do If the Driver Was Uninsured or Underinsured
If the driver who hit you is uninsured or has insufficient coverage, there are still options for you to claim compensation:
- Uninsured Driver: If the driver has no CTP insurance, you may still be able to claim through the NSW Nominal Defendant scheme. This scheme allows pedestrians to receive compensation when the at-fault driver doesn’t have insurance.
- Underinsured Driver: If the driver has limited insurance, you may be able to make a claim directly against their insurer for the difference or through your own insurance if you have underinsured motorist coverage.
6. How a Lawyer Can Help
A personal injury lawyer in Sydney who specializes in road accidents and public liability claims can help you:
- Assess the strength of your case: A lawyer can review the circumstances surrounding the accident and determine if you are eligible for compensation.
- Navigate the insurance process: Dealing with insurance companies can be complex, but a lawyer can handle communication with insurers and ensure you’re not taken advantage of.
- Negotiate a fair settlement: Your lawyer will help negotiate the best possible settlement for your injuries, ensuring that all your medical expenses, lost income, and pain and suffering are covered.
- File a lawsuit if needed: If the insurance company offers a low settlement or denies your claim, a lawyer can help you file a lawsuit to pursue a larger award in court.
- Ensure your claim is filed within the time limits: Personal injury lawyers know the deadlines for claims and can help ensure that your case is filed in time, preventing the loss of your right to compensation.
7. Common Types of Injuries in Pedestrian Accidents
Pedestrian accidents can lead to a range of injuries, from minor cuts and bruises to life-threatening injuries. Common injuries include:
- Head and brain injuries: Concussions, skull fractures, traumatic brain injuries (TBI).
- Spinal cord injuries: These can result in permanent paralysis.
- Broken bones: Especially in the legs, arms, or ribs.
- Internal injuries: Damage to internal organs like the lungs, liver, or kidneys.
- Soft tissue injuries: Including sprains, strains, and whiplash.
The severity of your injury will play a significant role in the compensation you can claim.
8. What Compensation Can You Claim?
Depending on the extent of your injuries, you may be entitled to a range of compensation, such as:
- Medical expenses: Treatment costs, rehabilitation, medications, and long-term care.
- Lost wages: If you’re unable to work due to the injury, you may claim compensation for lost income.
- Pain and suffering: Compensation for the physical pain, emotional distress, and reduced quality of life caused by the accident.
- Future medical care: Ongoing treatment or therapy you might need because of the injury.
- Property damage: If any of your belongings were damaged during the accident (e.g., a phone or clothing), this may be covered.
Conclusion: Know Your Rights After a Car Accident in Sydney
If you’ve been hit by a car in Sydney, it’s essential to understand your rights and the steps you can take to protect them. Whether you’re dealing with insurance claims, seeking medical treatment, or pursuing a common law claim, knowing your options will ensure you get the compensation you deserve for your injuries.
The process can be complicated, especially when dealing with insurance companies or if the driver is uninsured or underinsured. Consulting with a personal injury lawyer early in the process will give you the best chance of success in your claim.
If you’ve been involved in a pedestrian accident, don’t hesitate to reach out to a lawyer who can guide you through the legal process and help you recover from the physical, emotional, and financial impact of the accident.
