Understanding CTP Claims for Pedestrian Crossing Injuries in NSW
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were struck by a vehicle while crossing a road at a marked pedestrian crossing in Greater Sydney, you may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. This scheme provides financial support for injuries sustained in motor vehicle accidents, regardless of who was at fault. The process is governed by the Motor Accident Injuries Act 2017 (MAIA), which sets out the rules for claiming benefits and damages. For pedestrians, the legal framework applies equally to those injured at crossings, in car parks, on footpaths, or on private property, provided the vehicle was being used in a way that falls under the CTP scheme. The key to a successful claim lies in gathering and preserving the right documentation early.
Essential Evidence for Your CTP Claim
To support a claim for a pedestrian crossing injury in NSW, you must collect and retain specific evidence. This documentation helps establish the accident, the nature of your injuries, and the impact on your life. The following items are typically required:
- A detailed record of the accident, including the date, time, location (including the name of the road and crossing), weather conditions, and whether traffic lights were involved.
- Photographs or videos taken at the scene showing the crossing, vehicle damage, road markings, and any visible injuries.
- Medical records from the first treatment after the accident, including diagnosis, treatment plan, and any imaging results such as X-rays or MRI scans.
- A written statement from a medical practitioner confirming the nature and extent of your injuries, including any ongoing symptoms or limitations.
- A record of all out-of-pocket expenses related to the injury, such as transport to medical appointments, medication, or home modifications.
- Details of any lost income, including payslips, a letter from your employer, or a record of reduced work hours.
- Contact details for any witnesses who saw the accident.
SIRA advises that early and thorough documentation significantly strengthens a claim. The more complete your record, the clearer the picture of what happened and how your life has been affected.
How the CTP Process Works in Greater Sydney
In Greater Sydney, claims for pedestrian injuries follow the same process as elsewhere in NSW. The CTP insurer of the vehicle that caused the injury is responsible for assessing and paying your claim. You do not need to prove fault to access treatment and care benefits, weekly payments, or compensation for pain and suffering. However, to claim damages for non-economic loss (such as pain and suffering) or future economic loss, you must meet the threshold for a serious injury under the MAIA.
A serious injury is defined as one that results in a permanent impairment of at least 15% of the whole person. This includes injuries such as severe spinal damage, permanent loss of a limb, or serious brain injury. If your injury does not meet this threshold, you may still receive treatment and care benefits and weekly income payments, but your claim for damages will be limited. The Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines set out the criteria for assessing impairment and determining eligibility for damages.
Time Limits and Procedural Steps
There are time limits that apply to CTP claims in NSW. You must notify the insurer of the vehicle involved as soon as possible after the accident. While the law does not specify a fixed deadline for notification, delays may affect the insurer’s ability to investigate and could impact your claim. It is advisable to notify the insurer within a few days of the incident.
You must also begin treatment for your injuries as soon as possible. Delays in seeking medical care may be used to challenge the connection between the accident and your injuries. The insurer will assess your claim based on the evidence you provide. If the insurer refuses to pay a benefit or you disagree with the offer, you have the right to request a review or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination.
When to Seek Independent Advice
While the CTP scheme is designed to be accessible, the legal and medical details involved in a pedestrian injury claim can be complex. For example, determining whether your injury qualifies as a threshold injury under the Motor Accident Guidelines requires a medical assessment by a qualified assessor. The process of calculating weekly payments, treatment and care benefits, or damages for non-economic loss also involves legal and financial considerations.
A common mistake is underestimating the value of a claim, particularly for long-term or recurring injuries. Another is failing to preserve evidence, such as not keeping a copy of the accident report or not recording daily symptoms. If you have a serious injury, or if the insurer disputes your claim, it is advisable to seek independent legal advice before making any decisions.
Example: A Claim for a Knee Injury After Being Hit at a Crossing
A 45-year-old resident of Sydney’s inner west was struck by a car while crossing a marked pedestrian crossing at a busy intersection in November 2026. The driver stopped and called emergency services. The pedestrian sustained a ligament tear in the right knee and required surgery. They were unable to return to work for six weeks and have ongoing pain and limited mobility.
The claimant collected photographs of the crossing and the vehicle, obtained a medical report confirming the injury and its impact on daily activities, and kept a record of all medical appointments and lost wages. They notified the CTP insurer within 48 hours and submitted all documentation. The insurer accepted the claim and paid treatment and care benefits, weekly income payments, and a damages award for non-economic loss after an assessment confirmed a permanent impairment of 18%.
Next Steps for Your Claim
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.