Being a pedestrian hit by a car can be devastating. A serious road traffic accident like this can create far-reaching health and money problems. This guide about how to sue as a pedestrian hit by a car will provide information about how the personal injury claims process works.
We will cover when you could be entitled to claim compensation and how this would be calculated. Also included are when you can claim on behalf of someone else and how the experienced personal injury solicitors on our panel can help you on a No Win No Fee basis.
Key Takeaways:
- You could be eligible to start a claim if you can prove a road user breached their duty of care to you.
- You have three years to start a personal injury claim from the date of the accident, although this can vary for minors and those with reduced capacity.
- Compensation can be awarded for injuries, lost earnings, care costs, medical bills and changes to your lifestyle.
- You could still have a valid claim for compensation against an uninsured or untraced driver.
- Our panel solicitors operate on a No Win No Fee basis.
Our advisory team can answer any questions about claims for a pedestrian hit by a car. We invite you to either continue reading or, if you prefer, discuss your pedestrian accident claim in person now:
- Ring the team on 0800 408 7827
- Ask the chat window below a question
- See if you can start pedestrian accident compensation claims via our online option.
Jump To A Section of Our Guide
- How To Sue As A Pedestrian Hit By A Car
- Can I Claim If My Child Was Hit By A Car?
- Could I Still Make A Claim If The Driver Is Uninsured Or Untraceable?
- How Long Do I Have To Sue As A Pedestrian Hit By A Car?
- How Much Compensation Could I Get After Being Hit By A Car?
- Could I Make A No Win No Fee Pedestrian Accident Claim?
- Learn More About Road Traffic Accident Claims
How To Sue As A Pedestrian Hit By A Car
A personal injury compensation claim needs to show that the third party breached their duty of care to you and you were injured as a result. All road users must conduct themselves in a manner that avoids causing harm or damage to themselves and others.
They are expected to adhere to the Road Traffic Act 1988 and the Highway Code to comply fully with this duty of care. Therefore, an eligible claim needs to show three points:
- A duty of care applied at the moment of injury.
- The other motorist was in breach of this duty.
- They caused you harm as a result.
Importantly, all three points are required to move ahead with a valid claim. If you’d like to clarify how a breach of duty could happen, speak to our team on the number above.
Can I Claim If My Child Was Hit By A Car?
Yes, you can claim on behalf of your child if they were struck by a vehicle. Injured people under 18 are not able to start a compensation claim themselves. Whilst they can wait until they are 18 and begin a claim then, there is another option. A parent or concerned adult can be appointed to act on the child’s behalf as a litigation friend. In this role, they can manage all aspects of the claims process for them, providing they are competent to do so and there are no conflicts of interest.
What Happens To Compensation For Under 18’s?
Should the pedestrian accident claim be a success and a compensation payout is awarded, the Court Funds Office retains the money in a secure bank account on behalf of the minor. Typically, they transfer the compensation when the child becomes 18 and then close the account.
If funds are required for the injured person’s treatment or other needs, an application can be made to the court to release funds. To find out more about how to claim on behalf of your child, reach out to an advisor.
Could I Still Make A Claim If The Driver Is Uninsured Or Untraceable?
Sometimes people worry that they cannot bring a claim for compensation if the other driver left the scene without providing their details or it turns out that they had no insurance. Fortunately, this is not the case, and compensation can still be claimed so long as the driver in question was in breach of their duty.
Section 170 of the Road Traffic Act 1988 states the driver must stop at the scene of an accident. Failure to do so is an offence. If a driver doesn’t stop or does not have insurance and is at fault for an accident, an organisation called the Motor Insurers’ Bureau (MIB) can pay damages. The MIB is funded by all road traffic insurers to help compensate the victims of uninsured and untraced drivers.
To learn more about how to sue as a pedestrian hit by a car that either left the scene or did not have insurance, contact an advisor today.
How Long Do I Have To Sue As A Pedestrian Hit By A Car?
The Limitation Act 1980 sets a three-year time limit for starting a personal injury compensation claim. This begins from the date of the accident in most cases, but there are exceptions for children and those who lack the capacity to bring their claim.
For children, the time limit begins to run on their 18th birthday, so they have until they turn 21 to start a claim. This is if a litigation friend has not brought a claim on their behalf, as discussed above.
The time limit is paused for those who lack capacity. The pause is lifted if capacity is regained, and the three year time limit would run from the date of the recovery of capacity. Whilst there is no capacity, a litigation friend can begin a claim in the same way that they can for a child.
If you’d like guidance on time limits and whether your claim as a pedestrian hit by a car could still be made, reach out to the team.
How Much Compensation Could I Get After Being Hit By A Car?
You may be wondering how much compensation could apply if you are a pedestrian hit by a car. Successful road traffic accident claims can include an amount made up of two heads of loss. These are referred to as general and special damages.
General damages apply a value to the physical pain and psychological injury caused by the accident. Factors that alter the size of this compensation can be the severity of the injuries, how long they last and what the long term prognosis is.
Those tasked with the calculation of general damages may use any medical evidence that is submitted to guide them. Also, publications like the Judicial College Guidelines (JCG) provide suggested compensation award amounts for a cross-section of minor to serious injuries.
Below is a table that uses entries from the JCG. They are only guideline amounts as each claim varies from person to person. Also, the first entry does not come from this source:
Compensation Award Bracket Guidelines
| Location of Injury | How Severe? | JCG Award Guideline Amounts |
|---|---|---|
| Multiple degrees of severe injury and specioal damage award for lost income, medical expenses and care. | Severe | Up to £1 million plus. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 |
| (d) Less Severe | £18,700 up to £52,550 | |
| Foot | (c) Very Severe | £102,470 up to £133,810 |
| Pelvis | (a) Severe (i) | £95,680 up to £159,770 |
| Knee | (a) Severe (i) | £85,100 up to £117,410 |
| Chest | (b) Traumatic injury | £80,240 up to £122,850 |
| Legs | (ii) Very Serious | £66,920 up to £109,290 |
| Neck | (a) Severe (iii) | £55,500 up to £68,330 |
| Back | (b) Moderate (ii) | £15,260 up to £33,880 |
Can My Compensation Cover Financial Losses?
A claim for pedestrian injuries can also include the financial damage caused by the injuries, known as special damages. Documented evidence is usually helpful to claim special damages, and some examples might be:
- Proof that your income was harmed because you couldn’t work through wage slips.
- Receipts that show the cost of domestic care.
- Proof of tickets, parking, petrol or taxis to essential appointments.
- Statements and receipts for adaptations made in your home or car to deal with a new disability.
- Medical bills for treatments outside the NHS or predicted long-term physiotherapy costs.
- Prescription charges for over-the-counter medications.
You might have proof of other out-of-pocket costs forced on you by the injury. If your claim is valid and you appoint a solicitor to help, they can go through this paperwork with you and build a solid claim. Check if you qualify today.
Could I Make A No Win No Fee Pedestrian Accident Claim?
After reading our guide, you may feel sure that you qualify to make a pedestrian car accident compensation claim. You are entitled to do so independently, but it could be much less stressful with the help of a skilled professional.
The personal injury solicitors on our panel have been helping pedestrians claim compensation for decades. They have first-hand experience in collecting vital witness statements, calculating the correct amount of damages and dealing with all the court correspondence.
Furthermore, they can offer these outstanding services through a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Under this type of agreement:
- No solicitors fees apply upfront to start work.
- No fee needs to be paid for the solicitor’s services as the claim moves forward.
- Nothing is owed to your solicitors if the claim fails.
- A success fee is deducted from the compensation if your claim wins. This is a percentage amount which is subject to a legal limit. Therefore, the person claiming can expect to receive the majority of their payout.
The benefits of working with solicitors this way could help you start your claim today. Why not see if our panel of solicitors could help you with your pedestrian car accident compensation claim? Simply start by speaking to our advisory team:
- Ring us on 0800 408 7827
- Ask the chat window below a question about road traffic accidents.
- See if you can start pedestrian accident compensation claims via our online option.
Learn More About Road Traffic Accident Claims
This guide focused on how to sue as a pedestrian hit by a car. These other guides expand on road traffic claims:
- This guide explores what a litigation friend is in more detail.
- Here, we look at the personal injury claims process in more depth.
- Also, you can read about fatal accidents.
External resources:
- This resource from the Royal Society for the Prevention of Accidents (RoSPA) offers advice for pedestrians.
- Here, you can read pedestrian accident statistics.
- In conclusion, advice on when to call 999.
Thanks for taking the time to read our guide on how to sue as a pedestrian hit by a car. For any more information or guidance on the pedestrian accident claims process, reach out to the team.