Pedestrian Accident Claims: Hit by a Vehicle and What You Can Claim
A pedestrian accident claim is a personal injury claim against the insurer of the driver who hit you, or through the Motor Insurers' Bureau where the driver drove off or was uninsured; pedestrians are given the highest protection under the Highway Code's hierarchy of road users, the claim must normally start within three years, it is usually run on a no win no fee basis, and National Accident Support Line assesses whether you have a claim and refers it to a specialist solicitor with a callback within 2 minutes.
A pedestrian hit by a vehicle has no protection and usually no warning. The injuries are the worst on the road: fractures, head injuries, spinal injuries, and long recoveries. And the first thing the driver's insurer does is ask whether you were looking at your phone, crossing away from the crossing, or wearing dark clothes. Since 2022 the Highway Code has been clear about where responsibility sits. This page covers who can claim, what the changes mean, and what to do if the driver did not stop.
We'll call you back within 2 minutes with a straight answer on where you stand.
Who is responsible when a pedestrian is hit
The driver, in most cases. Since January 2022 the Highway Code has a hierarchy of road users: those who can do the greatest harm bear the greatest responsibility to reduce the danger to others. Drivers must give way to pedestrians crossing or waiting to cross at a junction, and to pedestrians on a zebra crossing or a parallel crossing. A driver who hits a pedestrian on a crossing, at a junction, or on a pavement is almost always liable. Where the pedestrian stepped into the road away from a crossing, fault can be shared, but courts have long held that a driver's failure to see and react to a pedestrian weighs more heavily than the pedestrian's error, because a car does far more damage than a person.
What a pedestrian accident claim covers
The injury and its effect on your life. Lost earnings while you could not work. Treatment, rehabilitation and physiotherapy. Travel to appointments. Care from family during recovery. Damaged clothing, phone, glasses and other belongings. Where the injury is lasting, the future losses that follow. For serious injuries, interim payments can fund treatment and living costs before the claim settles.
Where pedestrian accidents happen and who answers for them
| Situation | Who is usually responsible | What to know |
|---|---|---|
| Hit on a zebra, pelican or parallel crossing | The driver | Drivers must give way; liability is rarely disputed |
| Hit while crossing at a junction | The driver | Since 2022, drivers must give way to pedestrians crossing or waiting to cross |
| Hit on the pavement or a footpath | The driver | A vehicle on the pavement is at fault almost without exception |
| Hit crossing away from a crossing | Usually the driver, sometimes shared | Contributory negligence can reduce the claim but rarely defeats it |
| Hit in a car park or on private land | The driver | Same rules; the driver's insurer pays |
| Driver drove off or was uninsured | The Motor Insurers' Bureau | Report to the police promptly and keep the crime reference |
| Hit by a cyclist or e-scooter | The rider, if they can be identified and insured | Harder to recover; a specialist solicitor advises on the route |
We'll call you back within 2 minutes with a straight answer on where you stand.
The situations people describe to us
"The driver says I stepped out without looking"
The usual defence, and it is argued on evidence: the driver's speed, whether they were looking, whether they braked, CCTV from nearby shops and buses, and witness accounts. Even where a pedestrian is found partly at fault, the claim is reduced rather than lost, and the driver's share is normally the larger one.
"They didn't stop"
Report it to the police as soon as you can and get the crime reference. A hit-and-run pedestrian claim goes through the Motor Insurers' Bureau, which compensates victims of untraced drivers. The route is different but the claim is real. See hit-and-run claims.
"It was my child"
A parent or guardian claims on the child's behalf as their litigation friend. Children are given the greatest allowance for error, and the three-year limit does not start until the child turns 18. Any settlement is approved by a court and held for the child.
"I was drunk, does that end it?"
No. A driver still has to see and react to a pedestrian in the road. Intoxication can reduce the claim through contributory negligence; it rarely defeats it.
What to do after being hit as a pedestrian
Get medical help; the ambulance crew and A&E will record the injuries, which is the strongest evidence in the claim. If you can, or if someone with you can: get the driver's name, registration and insurer; photograph the vehicle, the scene and your injuries; take the names and numbers of witnesses; note any shops, buses or dashcams that may have caught it, and ask for the footage to be kept. Report the accident to the police, especially if the driver did not stop. Keep receipts and a note of every day off work. Then get in touch.
How a pedestrian claim works with National Accident Support Line
Tell us what happened, by the form, WhatsApp or a call to 0333 212 2730, and web enquiries are called back within 2 minutes during opening hours. We ask what happened, where, whether the driver stopped and what evidence exists. If there is a claim, we refer it to a specialist road traffic solicitor who runs it on a no win no fee basis. If there isn't, we tell you straight. NASL is an FCA-regulated claims management company, not a law firm. Injuries after any road accident are covered on our road traffic accident claims page, and the personal injury claims page explains what every injury claim involves.
Frequently asked questions
Can a pedestrian claim against a driver?
Yes. The claim is against the driver's insurer, and since 2022 the Highway Code places the greater responsibility on the driver.
Can I claim if I was crossing away from a crossing?
Yes. Fault may be shared, which reduces the claim, but a driver who failed to see and react to you still carries the larger share.
Can I claim if the driver drove off?
Yes, through the Motor Insurers' Bureau. Report it to the police promptly and keep the crime reference.
How long do I have to claim?
Three years from the date of the accident. For a child, three years from their 18th birthday.
Can I claim if a cyclist or e-scooter hit me?
Possibly, if the rider can be identified. Cyclists are not required to carry insurance, so recovery is harder; a specialist solicitor advises on the route.
What does no win no fee mean?
Nothing to pay upfront and nothing if the claim fails. If it succeeds, the solicitor's success fee, capped at 25% and agreed before the claim starts, comes out of the award.
Will I have to go to court?
Most pedestrian claims settle by negotiation. A hearing happens only where the insurer will not accept responsibility or settle fairly.
We'll call you back within 2 minutes with a straight answer on where you stand.
National Accident Support Line Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities, registration number 829991.