Compulsory third party

Pedestrian accident claims in Queensland.

How the compulsory third party scheme covers a pedestrian struck by a vehicle, what happens after a hit and run, and how contributory negligence is assessed under Queensland law.

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Reviewed by Blake Fraser, Principal Lawyer, Fraser Lawyers Last updated 13 June 2026

A pedestrian struck by a vehicle is, in legal terms, exactly the kind of person the compulsory third party scheme exists to cover. The injured person was not driving, so the question is simply whether the driver was at fault.

Queensland’s compulsory third party scheme, almost always shortened to CTP, covers personal injury caused by the driving of a vehicle, and the cover travels with the vehicle’s registration. A pedestrian hit by a car, where the driver was negligent, can claim against that vehicle’s CTP insurer under the Motor Accident Insurance Act 1994 (Qld). The claim is met by the insurer, not by the driver out of their own pocket, because the driver is compulsorily insured.

Two situations make a pedestrian claim less straightforward: where the vehicle drove off and cannot be identified, and where the pedestrian is said to have contributed to the accident. This guide explains how each is handled. It sits alongside the firm’s wider CTP claims in Queensland guide and its motor vehicle accident service, which set out the full claim process and time limits.

Scope of work

What we help with

This guide covers the parts of a pedestrian CTP claim that people most often ask about:

Matter: What it usually involves
Who can claim: A pedestrian struck by a vehicle where the driver was at fault
Where it happened: Crossings, footpaths, car parks, driveways and other public places
Hit and run: When the vehicle drove off and cannot be identified
Uninsured vehicles: When the striking vehicle was unregistered or uninsured
Contributory negligence: How a reduction is assessed if the pedestrian contributed
Children: The lower standard of care expected of a child pedestrian
How a claim is made: A pointer to the claim process and the Notice of Accident Claim Form
Time limits: A pointer to the notice cascade and the strict Nominal Defendant deadlines

The process and time limits are the same as for any other CTP claim, so they are summarised here and set out in full on the CTP claims in Queensland pillar page. The sections below focus on what is specific to being injured on foot.

Process

What you need to know.

The scheme is fault-based, so a pedestrian can claim where the driver of a motor vehicle was at fault, wholly or partly. It does not matter where the pedestrian was struck: a claim can arise at a marked crossing, on a footpath, in a car park, in a driveway or anywhere else a vehicle and a person on foot come into contact in a public place. Three points shape who can claim and how much is recovered:

Fault of the driver. The pedestrian recovers because the driver was negligent. If the driver was entirely without fault, there is generally no CTP claim, though where the injuries are catastrophic the National Injury Insurance Scheme Queensland may fund treatment, care and support regardless of fault.
Contributory negligence. Where the pedestrian contributed, for example by crossing against a red signal or stepping out without looking, the damages are reduced to reflect that share of responsibility. A reduction is usually partial, but a court can assess it at up to one hundred per cent in an appropriate case, which defeats the claim.
Identifying the vehicle. A pedestrian claim normally needs the registration number of the at-fault vehicle to identify the insurer. Where the vehicle cannot be identified, or was uninsured or unregistered, the claim is made against the Nominal Defendant instead.

The Motor Accident Insurance Commission sets out its own summary of who can make a claim under the Queensland scheme.

Unidentified and uninsured vehicles

Hit and run, or an unregistered vehicle.

A pedestrian struck by a vehicle that drives off, or by one that turns out to be unregistered or uninsured, is not left without a claim. Where there is no identifiable CTP insurer to claim against, the claim is made against the Nominal Defendant, a statutory body that stands in the place of the missing insurer under sections 31 and 37 of the Motor Accident Insurance Act 1994 (Qld).

For an unidentified vehicle there is an important condition: the vehicle must genuinely be incapable of identification despite proper enquiry. A claim is not defeated simply because the driver did not stop, but reasonable steps to identify the vehicle, such as obtaining the police event number and locating witnesses, are expected.

The notice deadlines depend on whether the vehicle can be identified, and for an unidentified vehicle one of them is absolute:

Where the vehicle cannot be identified, notice must be given to the Nominal Defendant within three months of the accident as the primary period, and a hard nine-month bar applies: if notice is not given within nine months, the claim against the Nominal Defendant is barred, and that bar is not saved by the reasonable-excuse provision that applies to ordinary late notice.
Where the vehicle is identified but was uninsured or unregistered, the ordinary CTP notice rule applies instead: notice is due by the earlier of two dates, being nine months after the accident (or the first appearance of symptoms, if they are not immediately apparent) and one month after the injured person first consults a lawyer about the possibility of making a claim. There is no separate three-month period and no hard nine-month bar, and notice given outside the primary period can still be pursued by giving a reasonable excuse for the delay.

Hit-and-run pedestrians are the cohort where the nine-month bar most often bites, so the deadlines are worth identifying early. The full notice cascade is set out on the CTP claims in Queensland pillar page rather than repeated here.

Part-fault claims

When a pedestrian's damages can be reduced.

It is common for an insurer to argue that the pedestrian was partly responsible. This is called contributory negligence, and where the argument succeeds it usually reduces the damages rather than defeating the claim.

The general reduction is assessed at large. Under section 10 of the Law Reform Act 1995 (Qld), where a person contributes to their own injury, the damages are reduced to the extent the court considers just and equitable, having regard to that person’s share in the responsibility. There is no fixed percentage. Crossing against a red pedestrian signal, or stepping onto the road without keeping a proper lookout, is weighed on the facts, against the standard of a reasonable person in the pedestrian’s position under section 23 of the Civil Liability Act 2003 (Qld). A reduction is usually partial, but under section 24 of the Civil Liability Act 2003 (Qld) a court can reduce the damages by as much as one hundred per cent where it considers that just and equitable, with the result that the claim is defeated.

Alcohol or drugs are treated differently, by a statutory presumption. Under section 47 of the Civil Liability Act 2003 (Qld), if the injured person was intoxicated, contributory negligence is presumed, and unless the presumption is rebutted the court must reduce the damages by at least twenty-five per cent. For an intoxicated pedestrian, twenty-five per cent is the statutory minimum. The higher fifty per cent minimum that the same Act provides for is keyed to an intoxicated person who was the driver of a motor vehicle; it does not apply to a pedestrian, whose reduction can rise above twenty-five per cent only on the facts under the general assessment.

None of this is victim-blaming, and a reduction is not automatic. It is for the insurer to make out contributory negligence on the evidence, and the size of any reduction depends on what each party did and did not do.

Child pedestrians

Children hurt as pedestrians.

Children are struck as pedestrians more often than adults, and the law does not expect a child to take the same care for their own safety as an adult would.

When contributory negligence is assessed, the standard of care is measured against a reasonable person in the position of the injured person. Section 23 of the Civil Liability Act 2003 (Qld) ties the standard to what that person knew or ought reasonably to have known, which calibrates it to the individual. For a child, the comparison is with an ordinary child of the same age, not with an adult. A young child is therefore far less likely than an adult to have their damages reduced for contributory negligence, and a very young child may not be capable of it at all.

There is no fixed age in Queensland below which a child can never be held partly responsible; it depends on the child’s age and understanding and on what happened. The underlying claim is still a CTP claim against the at-fault vehicle’s insurer, with the child’s age taken into account on contributory negligence.

How a pedestrian claim is made

A pedestrian claim follows the same path as any other CTP claim. It starts with the Notice of Accident Claim Form given to the at-fault vehicle’s insurer, or to the Nominal Defendant where the vehicle cannot be identified or was uninsured, then moves through the insurer’s response, the gathering of evidence, and a compulsory conference at which most claims resolve. The full process, time limits and how damages are assessed are set out on the CTP claims in Queensland page.

Time limits

Deadlines and risks.

Pedestrian claims run on the same deadlines as other CTP claims, and the one that catches people is the notice deadline, not the court one. Under section 37 of the Motor Accident Insurance Act 1994 (Qld), the Notice of Accident Claim Form must be given by the earlier of nine months after the accident, or one month after the injured person first consults a lawyer about a claim. Court proceedings are subject to a separate three-year limitation period. Both are explained, with the full cascade, on the CTP claims in Queensland page.

The point to flag for pedestrians specifically is the Nominal Defendant deadline for a hit and run. Where the vehicle cannot be identified, notice is due within three months as the primary period, and there is a hard nine-month bar that cannot be extended for a reasonable excuse. A hit-and-run claim therefore has a fixed outer limit, which is why it should be assessed without delay. Different rules apply again to children and people under a legal incapacity, whose time limits can run differently.

What we do

How Fraser Lawyers acts in these matters.

Fraser Lawyers acts for people injured as pedestrians on the Gold Coast and across Queensland, advising on their rights under the Queensland CTP scheme and the Motor Accident Insurance Act 1994 (Qld). This page sits alongside the firm’s motor vehicle accident service and its wider personal injury practice, and shares the same scheme as the firm’s passenger injury and motorcycle accident guides.

The work runs from identifying the at-fault vehicle and its insurer, or the Nominal Defendant in a hit and run, and lodging the Notice of Accident Claim Form within time, through gathering evidence, to the compulsory conference and, where a claim does not resolve, court proceedings. Blake Fraser, the firm’s Principal Lawyer, handles personal injury matters personally, with the support of the firm’s practice and accounts staff.

Conditional costs agreements, often described as no win, no fee, are available for eligible personal injury claims. They are a way of funding a claim, not a comment on its prospects. Conditions apply. You may be liable for disbursements regardless of outcome. The terms are set out in a written costs agreement before the firm is retained.

Practical

Documents to bring.

Accident details Date, time, place, and how the accident happened
The vehicle's registration If you or a witness recorded it, even partly
Any police report or event number Particularly important for a hit and run
Medical records and reports Treating doctor, hospital, ambulance, and any scans
Evidence of lost income Payslips, tax returns, or business records
Out-of-pocket expense receipts Medical, pharmacy, travel and care costs
Names of any witnesses And their contact details, if you have them
Photographs Of the scene, the vehicle, or the injuries, where available
Any insurer correspondence Letters or claim numbers already received

Pathway

The likely path.

Step 1: Initial advice and time-limit check.

The first task is to work out which time limit is running, taking account of the accident date, whether the vehicle is identified, and the injured person’s age.

Step 2: Identifying the vehicle or the Nominal Defendant.

Where the vehicle is known, its CTP insurer is identified through the registration; where it cannot be identified, or was uninsured, the claim is directed to the Nominal Defendant.

Step 3: Lodging notice and early treatment.

The Notice of Accident Claim Form is lodged within time, while treatment continues and is documented, because the medical records are the foundation of the claim.

Step 4: Liability and gathering evidence.

The insurer decides whether it admits fault, and medical and financial evidence is assembled once the injury has stabilised enough to assess.

Step 5: Compulsory conference.

The parties exchange material and attend a compulsory conference, a without-prejudice settlement meeting at which most Queensland CTP claims resolve.

Step 6: Settlement or court.

If the claim resolves, it ends with a settlement and release; if not, court proceedings may be commenced within the three-year limitation period.

Frequently asked

Questions we hear often.

Plain-English answers to the questions clients tend to ask. If your question is not here, call us.

Get in touch

I was hit by a car as a pedestrian. Who pays?

Where the driver was at fault, a pedestrian struck by a vehicle claims against that vehicle’s compulsory third party (CTP) insurer, under the Motor Accident Insurance Act 1994 (Qld). Because every registered Queensland vehicle carries CTP cover, the insurer meets the claim, not the driver personally and not the pedestrian’s own insurance.

What if it was a hit and run?

A hit and run does not leave a pedestrian without a claim. Where the vehicle cannot be identified, the claim is made against the Nominal Defendant under sections 31 and 37 of the Motor Accident Insurance Act 1994 (Qld). The vehicle must genuinely be incapable of identification despite proper enquiry, and a hard nine-month notice bar applies that cannot be extended.

I was crossing where there was no crossing. Can I still claim?

Possibly. A pedestrian can claim wherever the driver was at fault, not only at marked crossings. Crossing away from a crossing does not by itself defeat a claim, but it may be raised as contributory negligence under section 10 of the Law Reform Act 1995 (Qld), which reduces the damages by an amount the court considers just and equitable. There is no fixed percentage.

What if I was affected by alcohol?

If the pedestrian was intoxicated, section 47 of the Civil Liability Act 2003 (Qld) presumes contributory negligence and requires a reduction of at least twenty-five per cent unless that presumption is rebutted. For a pedestrian, twenty-five per cent is the minimum; the higher fifty per cent minimum applies to an intoxicated driver, not to a pedestrian.

My child was hit by a car. How is their claim treated?

A child’s claim is a CTP claim against the at-fault vehicle’s insurer, run in the ordinary way, but the law does not expect a child to take the same care as an adult. The standard of care under section 23 of the Civil Liability Act 2003 (Qld) is measured against an ordinary child of the same age, so a child’s damages are far less likely to be reduced, and a very young child may not be capable of contributory negligence at all.

What if the driver was uninsured?

Where the striking vehicle is identified but was uninsured or unregistered, the claim is made against the Nominal Defendant rather than a CTP insurer, under the Motor Accident Insurance Act 1994 (Qld). It then follows broadly the same path as an ordinary CTP claim, including the ordinary notice rule: notice is due by the earlier of nine months after the accident, or one month after first consulting a lawyer about the possibility of making a claim. The three-month primary period and the hard nine-month bar apply only where the vehicle cannot be identified. The full process is set out on the CTP claims in Queensland page.

How long do I have to make a pedestrian claim?

The Notice of Accident Claim Form must be given by the earlier of nine months after the accident or one month after first consulting a lawyer, under section 37 of the Motor Accident Insurance Act 1994 (Qld). For a hit and run, notice to the Nominal Defendant has a hard nine-month bar that cannot be extended. Court proceedings have a separate three-year limit. The full cascade is on the CTP claims in Queensland page.

Do I need a lawyer for a pedestrian claim?

A person can deal with a CTP insurer or the Nominal Defendant directly, and there is no requirement to have a lawyer. The value of advice is greatest where liability or contributory negligence is in dispute, the injuries are significant, the vehicle was unidentified, or the time limits are close. The Motor Accident Insurance Commission publishes general information about legal advice for CTP claimants.

Personal injury claims in Queensland run to strict time limits. Some apply within months of the injury or accident, the limits differ by claim type, and a few, such as hit-and-run claims against the Nominal Defendant, cannot be extended.

Talk to Fraser Lawyers about a pedestrian accident matter.

A short outline of how the accident happened and the injuries is usually enough to identify the time limits that apply and what the next step is. Fraser Lawyers is based at 86 Bundall Road, Bundall, and acts for clients across Queensland.

Call (07) 5554 6116 Send a short enquiry