What qualifies as a ‘catastrophic injury’ under Victorian law?

There is no separate legal definition. Victorian law asks whether an injury meets the applicable serious injury threshold. Injuries such as spinal cord damage, severe brain injury or multiple limb loss may meet that threshold and require lifelong support, but the legal test and supporting evidence still have to be established.

Can you receive a lump-sum payout in addition to lifetime care support?

Often, yes. TAC’s no-fault benefits can fund ongoing treatment and care as needs are assessed, separately from a statutory impairment benefit lump sum. A common law claim may also be available where negligence and the serious injury requirements are established. Because a common law settlement can affect other entitlements or involve offsets or repayments, the interaction must be assessed in the individual claim.

Who can act as a legal guardian or representative if the injured person lacks capacity?

A family member or other suitable person may apply to VCAT under the Guardianship and Administration Act 2019 to be appointed as a guardian or administrator, depending on the decisions involved. A separate litigation guardian may be required for a court case. A lawyer can confirm which appointment and approvals are needed in the particular matter.

How are future care costs and home modifications assessed in a catastrophic claim?

From evidence, not an industry average. Occupational therapy and treating specialist assessments can identify the care, equipment and home changes required. Under TAC’s no-fault benefits, reasonable treatment and support costs are assessed as needs arise. Common law damages are assessed separately.

What happens if a catastrophic injury occurs at work versus on the road?

A road accident is assessed under TAC, and a workplace injury under WorkCover. The schemes have different forms, tests and time limits, so it matters which one applies from the start.

Is there a reliable average payout for catastrophic injury compensation?

No. There is no reliable average, and any single figure circulating online can be misleading, because catastrophic injury claims are assessed on the specific evidence of one person’s needs, care costs and life expectancy, not against a benchmark. Anyone quoting a typical figure before reviewing that evidence is guessing.

Pedestrian Accident Compensation Claims | National Compensation Lawyers

Name: National Compensation Lawyers
Address: Level 12/200 Queen St, Melbourne, VIC, 3000, Australia
Telephone: 1300 332 753
Price range: $$

Last reviewed September 2026

The Transport Accident Commission (TAC) is funded through the charge paid with vehicle registration, but its cover is not limited to people who own or drive a vehicle. Pedestrians injured in an accident caused by the driving of a motor vehicle, train or tram in Victoria may be eligible for TAC support, including where the driver was never identified.

In short: Because the TAC operates on a no-fault basis, a pedestrian injured in an accident involving a vehicle can receive treatment and income support regardless of who is at fault. A separate common law claim for pedestrian accident compensation may be available where someone else’s negligence caused a serious injury. The amount you receive will depend on several factors, including your injuries, your earnings and which parts of the scheme apply to you.

Who can claim pedestrian accident compensation in Victoria?

Pedestrians are expressly included in TAC cover. You do not need to own a vehicle or hold a driver’s licence to make a pedestrian accident claim. However, your injury must have been sustained in an accident involving a vehicle.

Pedestrian accident compensation claims in Victoria can arise wherever pedestrians are struck, including at crossings and intersections, on footpaths, and in car parks and driveways. Where an accident happens on private land, eligibility may depend on the vehicle involved. It is worth seeking advice about your particular circumstances.

Children can also be covered. A parent or guardian can lodge the claim and manage it on the child’s behalf. A child is assessed differently from an adult when it comes to permanent impairment, and different time limits can apply to a child’s common law claim, so it is better to get advice early than to wait.

If you were hit while you were working, for example as a traffic controller or a courier on foot, your injury is generally covered by workers compensation rather than the TAC, so a Workcover claim is usually lodged first. If that claim is not accepted, a TAC claim may still be available. Generally, it is the TAC scheme that is relevant to a common law claim. Getting advice early helps make sure the right claim goes in first.

What if the driver was never identified?

In a hit-and-run, the claim for no-fault support is made to the TAC rather than to the driver, so you do not need to know who was driving. The Transport Accident Act makes specific provision for accidents involving vehicles that cannot be identified. There can be intricacies to this provision, so it is worth seeking advice from our expert team.

A common law claim may also be possible when the vehicle cannot be identified. Additional requirements apply, including giving notice to the TAC and making enquiries to identify the vehicle, so it is important to get legal advice promptly.

Report the accident to police as soon as you are able, including from hospital, and keep the report details. Any information you or a witness can recall, such as the colour or type of vehicle, the direction it travelled and the time of the accident, may help later.

Does it matter if you were crossing away from a pedestrian crossing?

For no-fault benefits, generally not. Crossing mid-block, stepping out between parked cars or crossing against a signal does not, on its own, prevent you from accessing treatment and income support.

Where you were crossing can, however, affect a common law claim. If the driver was negligent but your own conduct also contributed to the accident, the law treats this as contributory negligence, which can reduce the damages you receive. It does not automatically remove your right to pedestrian accident compensation, and the impact depends on the facts of each case.

What pedestrian injury compensation can include

TAC pedestrian injury compensation is made up of two parts, “no fault benefits” and “common law damages” each with its own rules.

No-fault benefits can include:

Medical and treatment costs, including the reasonable costs of hospital care, surgery, specialist appointments, physiotherapy, medication, and aids or equipment needed because of your injuries.
Income support, if your injuries prevent you from working or reduce the work you can do.
Support services, such as help at home, travel to treatment, and rehabilitation to assist your return to daily activities and work.
An impairment lump sum, which may be payable if your permanent impairment meets the qualifying threshold under the Transport Accident Act 1986.

Common law damages. This is a separate claim, available only where someone else’s negligence caused the accident and your injury meets the serious injury threshold under the Transport Accident Act 1986. The impairment benefit and the serious injury test are assessed differently, so qualifying for one does not automatically mean you qualify for the other. Common law damages can include compensation for pain and suffering and for loss of earnings.

Not every claim for pedestrian accident compensation proceeds to common law, and many are resolved through no-fault benefits alone. Understanding early which parts of the scheme apply to you helps ensure you do not miss an entitlement.

Injuries that may be relevant to a pedestrian claim

When a pedestrian is struck by a vehicle, the injuries sustained can be significant. Injuries that may be relevant to pedestrian injury compensation claims include:

Fractures to the legs, pelvis, hips, arms and wrists, which can require surgery and extended rehabilitation.
Head injuries, ranging from concussion to traumatic brain injury.
Spinal injuries, including fractures and nerve damage.
Knee and shoulder injuries, including ligament damage from the impact or the fall.
Soft tissue injuries, which can be painful and slow to heal even where there is no fracture.
Psychological injuries, which can be debilitating and long-term.

The full effect of serious fractures and physical trauma is not always apparent straight away. A fracture that heals poorly, or a joint that develops arthritis after an injury, can change what your pedestrian injury compensation needs to cover. Get legal advice before accepting a settlement, particularly if the lasting effects of your injury are still unclear.

What to do after a pedestrian accident

Seek medical care and tell every treating doctor that you were hit by a vehicle.
Report the accident. Report a road accident to police and keep the report details. For an accident involving public transport, obtain the operator’s incident report number and note the date you reported it.
Record what you can, including the location, the time, any witnesses, and photographs of the scene and your injuries.
Lodge a TAC claim as soon as possible after the accident, or when your injuries first become apparent. Extensions are available in limited circumstances, upon application.
Keep records of your treatment, receipts, time off work and the effect of your injuries on daily life.
Seek legal advice if the TAC declines part of your claim or if you believe the driver was negligent. You can start with our free claim check.

Common mistakes to avoid

Delaying your claim. Pain after a vehicle impact can develop over several days. It is better to lodge early than to wait and see whether you need to.

Leaving the accident out of your medical records. If your GP or hospital records do not note that you were hit by a vehicle, it can be harder to link your injuries to the accident.

Treating the first decision as final. TAC decisions can be reviewed. If part of your claim is declined, seek advice before accepting the decision.

Getting advice about pedestrian accident compensation

After a pedestrian accident, you may be dealing with treatment, time off work and unfamiliar claim paperwork at the same time. A lawyer can review what happened, explain in plain English which parts of the TAC scheme apply to you, and manage the claim with you through each stage.

National Compensation Lawyers is a boutique personal injury firm acting for clients across Melbourne and regional Victoria. You have direct access to the lawyer handling your claim, and our TAC lawyers act in pedestrian accident compensation claims on a No win, no fee* basis. *Conditions apply.

Have questions about your pedestrian accident claim? Call our team. The first conversation is free. Call 1300 FEARLESS (1300 332 753).

Prefer to start online? Start your free claim check at nationalcompensationlawyers.com.au/free-claim-check and tell us what happened.

Frequently asked questions

Do you need to own a car or hold a driver’s licence to make a pedestrian TAC claim? No. Pedestrians may be eligible for TAC support whether or not they own a vehicle or hold a licence.

Can you claim TAC support if you were hit by a car while crossing away from a pedestrian crossing? Yes. Where you were crossing does not affect your no-fault benefits. It may be relevant to a common law claim, where contributory negligence can reduce damages.

How does the TAC cover medical expenses if you were injured in a hit-and-run where the driver was never identified? The claim is made to the TAC rather than to the driver, so medical expenses can be covered even if the driver is never found. Report the accident to police as soon as possible and keep the report details.

What physical injuries are most commonly covered for pedestrians struck by a vehicle? Common injuries include fractures to the legs, pelvis and arms, head and spinal injuries, knee and shoulder injuries, and soft tissue injuries. Pedestrian injury compensation through the TAC can fund reasonable treatment for any injury caused by the accident, not only the most serious.

Can an injured pedestrian claim common law damages if the driver was at fault? Possibly. You will need to show that the driver’s negligence caused the accident and that your injury meets the serious injury threshold under the Transport Accident Act 1986. A lawyer can assess both before you commit to a claim.

How much pedestrian accident compensation will I receive? There is no reliable average, and any single figure can be misleading. The amount depends on which parts of the TAC scheme apply to you, the severity of your injuries, your earnings, and whether a common law claim is available.

Amy Caldow is a Principal Lawyer at National Compensation Lawyers, leading the firm’s TAC practice. She has run transport accident claims for clients across Melbourne and regional Victoria. Her work includes high-profile and complex matters, among them the Kerang rail disaster and the Cardross Road tragedy. She is known for being determined and tenacious, and for making sure clients feel supported through every stage of the legal process. To speak directly to Amy’s team, call 1300 FEARLESS (1300 332 753) or visit nationalcompensationlawyers.com.au.

Pedestrian Accident Compensation: What Can You Claim After Being Hit by a Vehicle?