What Changed for Hit-and-Run Claims After 2017?
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
The 2017 reforms to NSW Compulsory Third Party (CTP) motor accident compensation introduced significant changes for hit-and-run claims. Previously, claimants needed to prove fault to pursue compensation. Now, under the Motor Accident Injuries Act 2017, claimants can seek benefits even if the at-fault driver cannot be identified. This shift to a no-fault system ensures injured parties receive support regardless of who caused the accident.
Key Changes to Hit-and-Run Claims
- No-Fault Compensation: Injuries from unidentified vehicles are now covered under the CTP scheme. Claimants no longer need to prove fault, making it easier to access benefits.
- SIRA’s Role: The State Insurance Regulatory Authority (SIRA) now assesses claims, focusing on injury severity and treatment needs rather than fault. SIRA uses the Motor Accident Guidelines to determine eligibility.
- Threshold Injury Rules: Soft-tissue injuries (e.g., whiplash) must meet specific criteria, such as spinal nerve-root damage with neurological signs. Minor injuries like bruising may not qualify for benefits.
- 52-Week Limit: Weekly income benefits and treatment costs are generally limited to 52 weeks unless the injury results in long-term impairment. This applies to claims where the only injuries are threshold injuries.
Practical Steps for Hit-and-Run Claims
If you were involved in a hit-and-run accident, take these steps:
- Seek Immediate Medical Attention: Document all injuries, as medical records are critical for SIRA assessments.
- Report the Accident: Contact the police and provide details like the vehicle’s description, location, and time of the incident.
- Notify SIRA: Submit a claim through the NSW CTP scheme within the required time limits. SIRA will evaluate your case based on injury severity and treatment needs.
- Keep Records: Retain evidence such as medical reports, accident reports, witness statements, and photos of the scene.
Time Limits and Dispute Options
Claims must be submitted within five years of the accident, but time limits for specific benefits (e.g., weekly payments) may apply. If SIRA disputes your claim, you can request a review or seek independent legal advice.
When to Seek Legal Advice
Consult a solicitor if:
- Your injury exceeds threshold injury criteria.
- You face disputes over claim eligibility.
- You need help navigating SIRA’s assessment process.
Example Scenario
A pedestrian in Bathurst is hit by a car and flees the scene. Under the 2017 reforms, the pedestrian can claim treatment costs and income loss through the CTP scheme, even without identifying the driver. SIRA would assess the injury based on medical evidence, not fault.
Next Steps
CTP claim rules depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form.