How a pedestrian accident claim works in Queensland, including cyclists (2026)
A pedestrian accident claim in Queensland goes to the CTP insurer of the vehicle that caused the crash. Cyclists also claim this way. However, the driver must have been at least partly at fault. If no one can identify the vehicle, or it had no CTP insurance, the claim instead goes to the Nominal Defendant.
Key takeaways
Can pedestrians and cyclists claim CTP in Queensland?
Yes. MAIC says pedestrians, passengers, cyclists and drivers can all claim. They claim against the CTP insurer of the vehicle that was partly or wholly at fault. So you don’t need to own a car, or have CTP insurance yourself, to make a claim.
The law covers more than direct impacts, too. Under MAIA s 5, the Act covers injury from driving a motor vehicle or a collision with it. It also covers action taken to avoid a collision. For example, it can cover a cyclist who swerves to avoid a car and falls.
In each case, though, the injury must come from a wrongful act or omission of someone other than you. For the full claim process, see our guide to car accident claims in Queensland.
Which vehicles does a pedestrian accident claim cover?
A pedestrian accident claim works only if a motor vehicle that needs registration was at fault. Specifically, the Act defines a motor vehicle as one needing registration under Queensland road-use law, including trailers (MAIA s 4).
As a result, some common crashes fall outside CTP. MAIC says a CTP claim is unlikely to succeed if the vehicle at fault isn’t eligible for registration, such as an e-bike or e-scooter. Likewise, a crash between two bicycles doesn’t involve a registered motor vehicle at all.
Meanwhile, other vehicles may count only in some places. Under s 5(3), tractors, forklifts and similar mobile machinery count only for accidents on a road. If you aren’t sure which category applies, you may want legal advice.
Does fault matter in a pedestrian accident claim?
Yes, fault matters for pedestrians and cyclists just as it does for drivers. The insurer looks at how the driver behaved, and it also looks at what you did. MAIC says that if you were partly responsible, the insurer may reduce your compensation.
Under Civil Liability Act s 23, the test for your conduct is a reasonable person in your position. Then, within 6 months of a compliant notice, the insurer must state any reduction as a percentage (MAIA s 41).
Alcohol can also change the result. Under CLA s 47, the law presumes contributory negligence if an injured person was intoxicated and the defendant alleges it. Unless you rebut that presumption, damages fall by at least 25%. Our at fault car accident claim guide explains these rules in more detail.
What are the claim steps after a pedestrian or cycling accident?
Generally, the steps are the same as for any CTP claim. MAIC’s guidance and the claim form set them out:
How does a pedestrian accident claim work if the driver didn’t stop?
If the driver didn’t stop and no one can identify the vehicle, you claim against the Nominal Defendant. In that case, the notice is due within 3 months of the accident. If you don’t give notice within 9 months, the law bars the claim (MAIA s 37(2)(a), (3)).
Pedestrians and cyclists also make up a real share of these claims. MAIC’s data covers unidentified-vehicle claims from 1 July 2021 to 30 June 2026. Of these, 13.6% came from pedestrians and 7.7% from cyclists. Our Nominal Defendant claim guide covers the process in full.
Can a child hit by a car make a pedestrian accident claim?
Yes. MAIC says an injured child may have a right to compensation if another vehicle was wholly or partly at fault. However, a child can’t make or manage a pedestrian accident claim alone.
What if the injuries in a pedestrian accident claim are serious?
Serious injuries may also qualify for NIISQ. NIISQ says anyone seriously injured in a Queensland motor vehicle accident on or after 1 July 2016 may be eligible. It is a no-fault scheme, so it can fund treatment, care and support regardless of who caused the crash.
However, the eligible injury types are narrow. They include permanent spinal cord injuries, traumatic brain injuries and severe burns, and each type has detailed medical criteria. In addition, NIISQ explains that a CTP insurer may apply to the scheme on your behalf.
How common are pedestrian and cyclist claims?
They are a smaller share of CTP claims than drivers or passengers, according to MAIC. The table therefore shows claimant roles from MAIC’s 2025–26 scheme insights, for crashes from 1 July 2023 to 30 June 2026.
|
Claimant role |
Claims |
Share |
|---|---|---|
|
Driver |
13,840 |
62.1% |
|
Passenger |
4,405 |
19.8% |
|
Motorcyclist or pillion |
1,443 |
6.5% |
|
Pedestrian |
1,084 |
4.9% |
|
Bicycle |
878 |
3.9% |
|
Other |
649 |
2.9% |
Frequently asked questions
Sources
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About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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